Sexual Offences Act 2003

Notification requirements U.K.

80 Persons becoming subject to notification requirements U.K.

(1) A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if—

(a) he is convicted of an offence listed in Schedule 3;

(b) he is found not guilty of such an offence by reason of insanity;

(c) he is found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d) in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.

(2) A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”.

81 Persons formerly subject to Part 1 of the Sex Offenders Act 1997 U.K.

(1) A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—

(a) he was convicted of an offence listed in Schedule 3;

(b) he was found not guilty of such an offence by reason of insanity;

(c) he was found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d) in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.

(2) Subsection (1) does not apply if the notification period ended before the commencement of this Part.

(3) Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—

(a) had not been dealt with in respect of the offence;

(b) was serving a sentence of imprisonment F1 . . . , or was subject to a community order, in respect of the offence;

(c) was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or

(d) was detained in a hospital or was subject to a guardianship order, following the conviction.

(4) Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—

(a) had not been dealt with in respect of the finding; or

(b) was detained in a hospital, following the finding.

(5) Subsection (1)(d) does not apply to a caution given before 1st September 1997.

(6) A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision.

(7) Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect.

(8) The provisions are—

(a) section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

(b) section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);

(c) section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);

(d) section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);

(e) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);

(f) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).

Textual Amendments

F1 S. 81(3)(b) repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 206, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

82 The notification period U.K.

(1) The notification period for a person within section 80(1) or 81(1) is the period in the second column of the following Table opposite the description that applies to him.

TABLE

Description of relevant offender	Notification period
A person who, in respect of the offence, is or has been sentenced to imprisonment for life [F2 , to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 [F3 , to an indeterminate custodial sentence under Article 13(4)(a) of the Criminal Justice (Northern Ireland) Order 2008] or to imprisonment for] a term of 30 months or more	An indefinite period beginning with the relevant date
A person who, in respect of the offence, has been made the subject of an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (order for lifelong restriction)	An indefinite period beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital subject to a restriction order	An indefinite period beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of more than 6 months but less than 30 months	10 years beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of 6 months or less	7 years beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital without being subject to a restriction order	7 years beginning with that date
A person within section 80(1)(d)	2 years beginning with that date
A person in whose case an order for conditional discharge or, in Scotland, [F4 a community payback order imposing an offender supervision requirement], is made in respect of the offence	The period of conditional discharge or, in Scotland, [F5 the specified period for the offender supervision requirement]
A person of any other description	5 years beginning with the relevant date

(2) Where a person is under 18 on the relevant date, subsection (1) has effect as if for any reference to a period of 10 years, 7 years, 5 years or 2 years there were substituted a reference to one-half of that period.

(3) Subsection (4) applies where a relevant offender within section 80(1)(a) or 81(1)(a) is or has been sentenced, in respect of two or more offences listed in Schedule 3—

(a) to consecutive terms of imprisonment; or

(b) to terms of imprisonment which are partly concurrent.

(4) Where this subsection applies, subsection (1) has effect as if the relevant offender were or had been sentenced, in respect of each of the offences, to a term of imprisonment which —

(a) in the case of consecutive terms, is equal to the aggregate of those terms;

(b) in the case of partly concurrent terms (X and Y, which overlap for a period Z), is equal to X plus Y minus Z.

(5) Where a relevant offender the subject of a finding within section 80(1)(c) or 81(1)(c) is subsequently tried for the offence, the notification period relating to the finding ends at the conclusion of the trial.

(6) In this Part, “relevant date” means—

(a) in the case of a person within section 80(1)(a) or 81(1)(a), the date of the conviction;

(b) in the case of a person within section 80(1)(b) or (c) or 81(1)(b) or (c), the date of the finding;

(c) in the case of a person within section 80(1)(d) or 81(1)(d), the date of the caution;

(d) in the case of a person within section 81(7), the date which, for the purposes of Part 1 of the Sex Offenders Act 1997 (c. 51), was the relevant date in relation to that person.

[F6 (7) Schedule 3A (which provides for the review and discharge of indefinite notification requirements) has effect.]

Textual Amendments

F2 Words in table in s. 82(1) substituted (S.) (8.12.2005) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 17, 24(1); and those same words substituted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 57, 66(2); S.I. 2007/74, art. 2

F3 S. 82(1) table: words inserted (N.I.) (15.5.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), art. 1, Sch. 5 para. 10(1); S.R. 2008/217, art. 2, Sch. para. 18(e) (subject to art. 3)

F4 Words in table in s. 82(1) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(2)(a) (with art. 3)

F5 Words in table in s. 82(1) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(2)(b) (with art. 3)

F6 S. 82(7) inserted (N.I.) (1.3.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 1(2), 15(2)(a); S.R. 2014/53, art. 2(a)

83 Notification requirements: initial notification E+W+N.I.

(1) A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).

(2) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—

(a) immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(3) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.

(4) Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—

(a) immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(5) The information is—

(a) the relevant offender’s date of birth;

(b) his national insurance number;

(c) his name on the relevant date and, where he used one or more other names on that date, each of those names;

(d) his home address on the relevant date;

(e) his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;

(f) his home address on the date on which notification is given;

(g) the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;

[F7 (h) any prescribed information.]

[F8 (5A) In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.]

(6) When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—

(a) remanded in or committed to custody by an order of a court [F9 or kept in service custody];

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in a hospital; or

(d) outside the United Kingdom.

(7) In this Part, “home address” means, in relation to any person—

(a) the address of his sole or main residence in the United Kingdom, or

(b) where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F7 S. 83(5)(h) inserted "at the end of subsection (5)" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F8 S. 83(5A) inserted "after [subsection (5)]" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F9 Words in s. 83(6)(a) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 54; S.I. 2009/2606, art. 3(i)

83 Notification requirements: initial notification S

(1) A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).

(2) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—

(a) immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(3) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.

(4) Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—

(a) immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(5) The information is—

(a) the relevant offender’s date of birth;

(b) his national insurance number;

(c) his name on the relevant date and, where he used one or more other names on that date, each of those names;

(d) his home address on the relevant date;

(e) his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;

(f) his home address on the date on which notification is given;

(g) the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;

[F56 (h) whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A);

(i) such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations.

(5A) The details are—

(a) the issuing authority;

(b) the number;

(c) the dates of issue and expiry;

(d) the name and date of birth given as being those of the passport holder.]

(6) When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—

(a) remanded in or committed to custody by an order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in a hospital; or

(d) outside the United Kingdom.

(7) In this Part, “home address” means, in relation to any person—

(a) the address of his sole or main residence in the United Kingdom, or

(b) where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.

[F57 (8) In this section, “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77);

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.]

Extent Information

E5 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F56 S. 83(5)(h)(i)(5A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(2), 104; S.S.I. 2006/432, art. 2(d)

F57 S. 83(8) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(3), 104; S.S.I. 2006/432, art. 2(d)

84 Notification requirements: changes E+W+N.I.

(1) A relevant offender must, within the period of 3 days beginning with—

(a) his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

(b) any change of his home address,

(c) his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997,

[F10 (ca) any prescribed change of circumstances, or]

(d) his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

notify to the police that name, the new home address, the address of those premises [F11 , the prescribed details] or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5).

(2) A notification under subsection (1) may be given before the name is used, the change of home address [F12 or the prescribed change of circumstances] occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.

(3) If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(4) If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a) the notification does not affect the duty imposed by subsection (1), and

(b) the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(5) Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).

[F13 (5A) In this section—

(a) “prescribed change of circumstances” means any change—

(i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and

(ii) of a description prescribed by regulations made by the Secretary of State;

(b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.]

(6) In this section, “qualifying period” means—

(a) a period of 7 days, or

(b) two or more periods, in any period of 12 months, which taken together amount to 7 days.

Extent Information

E2 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F10 S. 84(1)(ca) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F11 Words in s. 84(1) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F12 Words in s. 84(2) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(4), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F13 S. 84(5A) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(5), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

84 Notification requirements: changes S

(1) A relevant offender must, within the period of 3 days beginning with—

(a) his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

(b) any change of his home address,

(c) his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997, F58 . . .

(d) his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

[F59 (e) his losing or ceasing to have a passport notified to the police under section 83(1) or this subsection,

(f) his receiving a passport which has not been notified to the police under section 83(1) or this subsection, or

(g) the occurrence, in relation to information required to be notified by virtue of regulations made under section 83(5)(i), of an event prescribed by the Scottish Ministers in regulations,]

notify to the police that name, the new home address, the address of those premises or [F60 the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations], and (in addition) the information set out in section 83(5).

[F61 (1A) In subsection (1), “passport” has the same meaning as in section 83.]

(2) A notification under subsection (1) may be given before the name is used, the change of home address occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.

(3) If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(4) If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a) the notification does not affect the duty imposed by subsection (1), and

(b) the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(5) Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).

(6) In this section, “qualifying period” means—

(a) a period of 7 days, or

(b) two or more periods, in any period of 12 months, which taken together amount to 7 days.

Extent Information

E6 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F58 Word in s. 84(1) repealed (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(5)(a), 104; S.S.I. 2006/432, art. 2(d)

F59 S. 84(1)(e)-(g) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(5)(b), 104; S.S.I. 2006/432, art. 2(d)

F60 Words in s. 84(1) substituted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(5)(c), 104; S.S.I. 2006/432, art. 2(d)

F61 S. 84(1A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(6), 104; S.S.I. 2006/432, art. 2(d)

85 Notification requirements: periodic notification U.K.

F14 (1) A relevant offender must, within [F15 the applicable period] after each event within subsection (2), notify to the police the information set out in section 83(5), unless within that period he has given a notification under section 84(1).

(2) The events are—

(a) the commencement of this Part (but only in the case of a person who is a relevant offender from that commencement);

(b) any notification given by the relevant offender under section 83(1) or 84(1); and

(c) any notification given by him under subsection (1).

F16 (3) Where [F17 the applicable period] would (apart from this subsection) end whilst subsection (4) applies to the relevant offender, that period is to be treated as continuing until the end of the period of 3 days beginning when subsection (4) first ceases to apply to him.

(4) This subsection applies to the relevant offender if he is—

(a) remanded in or committed to custody by an order of a court [F18 or kept in service custody],

(b) serving a sentence of imprisonment or a term of service detention,

(c) detained in a hospital, or

(d) outside the United Kingdom.

[F19 (5) In this section, the “applicable period” means—

(a) in any case where subsection (6) applies to the relevant offender, such period not exceeding one year as the Scottish Ministers may prescribe in regulations, and

(b) in any other case, the period of one year.

(6) This subsection applies to the relevant offender if the last home address notified by the offender under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).]

[F20 (5) In this section, “the applicable period” means—

(a) in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and

(b) in any other case, the period of one year.

(6) This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).]

Textual Amendments

F14 Words in s. 85(1) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F15 Words in s. 85(1) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(7), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F16 Words in s. 85(3) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F17 Words in s. 85(3) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(8), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F18 Words in s. 85(4)(a) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 55; S.I. 2009/2606, art. 3(i)

F19 S. 85(5)(6) inserted (S.) (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(c), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F20 S. 85(5)(6) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(9), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

[F21 85A Notification requirements: absence from notified residence N.I.

(1) This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence).

(2) If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).

(3) The information is—

(a) the date on which the relevant offender will leave that home address;

(b) such details as the relevant offender holds about—

(i) his travel arrangements during the relevant period;

(ii) his accommodation arrangements during that period;

(iii) his date of return to that home address.

(4) In this section—

• “travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel,

• “accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation.

(5) Where—

(a) a relevant offender has given a notification under subsection (2), and

(b) at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete,

the relevant offender must give a further notification under subsection (2).

(6) Where a relevant offender—

(a) has notified a date of return to his home address, but

(b) returns to his home address on a date other than that notified,

the relevant offender must notify the date of his actual return to the police within 3 days of his actual return.

(7) Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86.

(8) In calculating the relevant period for the purposes of this section there is to be disregarded—

(a) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 83(5)(g) notified to the police under section 83 or 85;

(b) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 84(1)(c).

(9) This section applies in relation to any relevant period which begins on or after the day after the coming into operation of section 2 of the Criminal Justice Act (Northern Ireland) 2013.]

Textual Amendments

F21 S. 85A inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(2), 15(2)(b); S.R. 2014/179, art. 2(a)

86 Notification requirements: travel outside the United Kingdom U.K.

(1) The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders—

(a) to give in accordance with the regulations, before they leave, a notification under subsection (2);

(b) if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

(2) A notification under this subsection must disclose—

(a) the date on which the offender will leave the United Kingdom;

(b) the country (or, if there is more than one, the first country) to which he will travel and his point of arrival (determined in accordance with the regulations) in that country;

(c) any other information prescribed by the regulations which the offender holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.

(3) A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom.

F22 (4) F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 S. 86(4) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(3), 206(1); S.I. 2011/178, art. 2, Sch.

F23 S. 86(4) repealed (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 149, 153(7), Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1 para. 50(4)(d) (subject to Sch. 2)

87 Method of notification and related matters E+W

(1) A person gives a notification under section 83(1), 84(1) or 85(1) by—

[F24 (a) attending at the police station in the person’s local police area that is for the time being specified in a document published for that local police area under this section or, if there is more than one such police station, at any one of them, and]

(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2) A person giving a notification under section 84(1)—

(a) in relation to a prospective change of home address, or

(b) in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

[F25 (2A) The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification under section 83(1), 84(1) or 85(1).

(2B) A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.]

(3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

(4) Where a notification is given under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—

(a) take his fingerprints,

(b) photograph any part of him, or

(c) do both these things.

(5) The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.

F26 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F24 S. 87(1)(a) substituted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 168(2), 208(1); S.I. 2022/1227, reg. 3(a)

F25 S. 87(2A)(2B) inserted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 168(3), 208(1); S.I. 2022/1227, reg. 3(a)

F26 S. 87(6) repealed (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 149, 153(7), Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1 para. 50(4)(d) (subject to Sch. 2)

87 Method of notification and related matters S

(1) A person gives a notification under section 83(1), 84(1) or 85(1) by—

(a) attending at such police station F62 ... as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2) A person giving a notification under section 84(1)—

(a) in relation to a prospective change of home address, or

(b) in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

(3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

[F63 (5A) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), do one or more of the following—

(a) allow the officer or person to photograph any part of the offender,

(b) allow the officer or person to take from the offender, or provide to the officer or person, such relevant physical data as the officer or person considers appropriate,

(c) allow the officer or person to take from the offender any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 by the means specified in that paragraph in relation to that sample,

(d) allow the officer or person to take from the offender any sample mentioned in subsection (6A) of that section by the means specified in that subsection.]

[F64 (5B) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), produce each passport he has to that officer or person, for inspection by that officer or person.

(5C) In subsection (5B), “passport” has the same meaning as in section 83.]

F65 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E7 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F62 Words in s. 87(1)(a) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 20(2)

F63 S. 87(5A) substituted for s. 87(4)(5) (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , {ss. 77(7)}, 104; S.S.I. 2006/432, art. 2(d)

F64 S. 87(5B)(5C) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , {ss. 78(7)}, 104; S.S.I. 2006/432, art. 2(d)

F65 S. 87(6) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(4), 206(1); S.I. 2011/178, art. 2, Sch.

87 Method of notification and related matters N.I.

(1) A person gives a notification under section 83(1), 84(1) [F66 , 85(1) or 85A(2) or (6)] by—

(a) attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2) A person giving a notification under section 84(1)—

(a) in relation to a prospective change of home address, or

(b) in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

(3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

(4) Where a notification is given under section 83(1), 84(1) [F67 , 85(1) or 85A(2) or (6)], the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—

(a) take his fingerprints,

(b) photograph any part of him, or

(c) do both these things.

(5) The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.

F68 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E8 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F66 Words in s. 87(1) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(3), 15(2)(b); S.R. 2014/179, art. 2(a)

F67 Words in s. 87(4) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(3), 15(2)(b); S.R. 2014/179, art. 2(a)

F68 S. 87(6) repealed (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 149, 153(7), Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1 para. 50(4)(d) (subject to Sch. 2)

88 Section 87: interpretation U.K.

(1) [F27 Subsections (2) to (4)] [F27 Subsections (2) and (2A)] apply for the purposes of section 87.

(2) “Photograph” includes any process by means of which an image may be produced.

[F28 (2A) “Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.]

[F29 (3) “Local police area” means, in relation to a person—

(a) the police area in which his home address is situated;

(b) in the absence of a home address, the police area in which the home address last notified is situated;

(c) in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (4) is situated.]

(4) [F30 The ways are—

(a) dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;

(b) dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;

(c) making, in respect of a person, a notification order, interim notification order, [F31 sexual harm prevention order, interim sexual harm prevention order,] sexual offences prevention order or interim sexual offences prevention order [F32 , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)];

(d) making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland);

and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.]

(5) [F30 Subsection (3) applies as if Northern Ireland were a police area.]

Textual Amendments

F27 Words in s. 88(1) substituted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 3(2)(a) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F28 S. 88(2A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(8), 104; S.S.I. 2006/432, art. 2(d)

F29 S. 88(3) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(3)

F30 S. 88(4)(5) repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 3(2)(b) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F31 Words in s. 88(4)(c) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 56 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F32 Words in s. 88(4)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 205 (with Sch. 27); S.I. 2020/1236, reg. 2

[F33 [F34 88A Review of indefinite notification requirements: applicable persons S

(1) Sections 88B to 88H apply to—

(a) a person who, on or after 28th January 2011, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and

(b) a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of—

(i) section 80(1);

(ii) section 81(1); or

(iii) a notification order made under section 97(5).

(2) A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.]

Textual Amendments

F33 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F34 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

[F35 88B Review of indefinite notification requirements: date of discharge and further date of discharge S

(1) For the purposes of this Part, the date of discharge is—

(a) where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date;

(b) where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date.

(2) In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was—

(a) remanded in or committed to custody by order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in hospital; or

(d) outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part.

(3) Subsection (4) applies where—

(a) the relevant sex offender is subject to the notification requirements of this Part;

(b) after the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part, the relevant sex offender was sentenced to a period of imprisonment or a term of service detention in respect of the offence (or offences) to which the notification requirements relate; and

(c) the date of discharge would, apart from subsection (4), fall on or after 28th January 2011.

(4) In determining the date of discharge under subsection (1), there is also to be disregarded any time when the relevant sex offender was serving a sentence of imprisonment or a term of service detention in respect of that offence (or those offences).

(5) Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order.

(6) In this section and section 88D “relevant date”—

(a) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6)(a) to (c);

(b) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).]

Textual Amendments

F33 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F35 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

[F36 88C Review of the indefinite notification requirements: procedure and grounds S

(1) The relevant chief constable must no later than the date of discharge—

(a) make a notification continuation order in respect of the relevant sex offender; or

(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge.

(2) A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge.

(3) The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.

(4) In deciding whether to make a notification continuation order, the relevant chief constable must take into account—

(a) the seriousness of the offence (or offences)—

(i) of which the relevant sex offender was convicted;

(ii) of which the relevant sex offender was found not guilty by reason of insanity;

(iii) in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or

(iv) in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland,

which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period;

(b) the period of time which has elapsed since the relevant sex offender committed the offence (or offences);

(c) where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d) whether the relevant sex offender has committed any offence under section 91 of this Act;

(e) the age of the relevant sex offender at the time of the decision;

(f) the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed;

(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the relevant sex offender at the time the offence was committed;

(h) any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3;

(i) any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3;

(j) whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded;

(k) any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005;

(l) any other submission or evidence of the risk of sexual harm posed by the relevant sex offender to the public, or any particular members of the public, in the United Kingdom;

(m) any submission or evidence presented by or on behalf of the relevant sex offender which demonstrates that the relevant sex offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and

(n) any other matter which the relevant chief constable considers to be appropriate.

(5) A notification continuation order must state—

(a) the reasons why the order was made; and

(b) the reasons for the determination of the fixed period in the order.

(6) A notification continuation order must be notified to the relevant sex offender by—

(a) the relevant chief constable sending a copy of the order to the relevant sex offender by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b) a constable serving a copy of the order on the relevant sex offender.

(7) In this section—

• “sexual harm” means physical or psychological harm caused by the relevant sex offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; and

• “responsible authorities” has the meaning given by section 10(7) of the Management of Offenders etc. (Scotland) Act 2005.

(8) In this section and sections 88D to 88G, “relevant chief constable” means the chief constable of the [F37 Police Service of Scotland].]

Textual Amendments

F33 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F36 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

F37 Words in s. 88C(8) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(4)

[F38 88D Review of indefinite notification requirement: transitional cases S

(1) This section applies to a case where—

(a) the conditions in subsection (2) are satisfied in relation to a relevant sex offender falling within section 88A(1)(b)(ii); and

(b) the relevant chief constable was, under this section as it had effect before the coming into force of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011, under the duty in subsection (4).

(2) The conditions referred to in subsection (1)(a) are that the person—

(a) was aged under 18 on the relevant date; and

(b) after disregarding any time referred to in subsection (3), had been subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 and this Part for a total period of at least 8 years on 25th October 2010.

(3) That time is any time during which the relevant sex offender was—

(a) remanded in or committed to custody by order of the court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in hospital; or

(d) outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997.

(4) The duty referred to in subsection (1)(b) is a duty, no later than the applicable date, to—

(a) make a notification continuation order in respect of the relevant sex offender; or

(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date.

(5) In this section the “applicable date” is 25th January 2011.]

Textual Amendments

F33 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F38 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

[F39 88E Review of indefinite notification requirements: further review S

(1) Where a notification continuation order has been made, the relevant chief constable must no later than the further date of discharge—

(a) make another notification continuation order in respect of the relevant sex offender; or

(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the further date of discharge.

(2) Section 88C(2) to (8) applies in relation to this section, but a reference to the date of discharge is to be read as a reference to the further date of discharge.]

Textual Amendments

F33 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F39 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

88F Review of the indefinite notification requirements: application to a sheriff S

(1) Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part.

(2) An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3) On an application under subsection (1), the sheriff may—

(a) make the order sought in the application; or

(b) make a notification continuation order in respect of the relevant sex offender.

(4) Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but—

(a) a reference to the relevant chief constable is to be read as a reference to the sheriff;

(b) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and

(c) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge.

(5) The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application.

(6) Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(7) The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if—

(a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b) personally served on the relevant sex offender and the relevant chief constable.

(8) The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10).

Textual Amendments

F33 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88G Review of indefinite notification requirements: appeals S

(1) The decision of the relevant chief constable—

(a) to make a notification continuation order; and

(b) setting the fixed period of the notification continuation order,

may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3).

(2) An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3) The date is—

(a) where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge;

(b) where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or

(c) where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge.

(4) The decision of a sheriff—

(a) on an application made under section 88F(1);

(b) on appeal made under subsection (1); and

(c) in relation to the fixed period of the notification continuation order,

may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision.

(5) On an appeal under this section, the sheriff or the sheriff principal may—

(a) uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff;

(b) make a notification continuation order; or

(c) vary the fixed period in that order.

(6) Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal.

(7) Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(8) The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if—

(a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b) personally served on the relevant sex offender and relevant chief constable.

(9) The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10).

(10) The matter is finally determined—

(a) where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken;

(b) where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or

(c) where an appeal is taken—

(i) on the disposal of the appeal; or

(ii) on its being abandoned.

Textual Amendments

F33 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88H Review of indefinite notification requirements: power to amend periods S

• The Secretary of State may by order amend—

  (a)

  the periods specified in sections 88B(1)(a) and (b); and

  (b)

  the fixed period specified in section 88C(2).

Textual Amendments

F33 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88I Discharge from indefinite notification requirements: England, Wales and Northern Ireland S

(1) A relevant offender who is, under the relevant legislation, discharged from the notification requirements of this Part by a court, person or body in England and Wales or Northern Ireland is, by virtue of the discharge, also discharged from the notification requirements of this Part as it applies to Scotland.

(2) In subsection (1) “relevant legislation” means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and Wales or, as the case may be, Northern Ireland for an indefinite period to be discharged from those notification requirements.]

Textual Amendments

F33 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

89 Young offenders: parental directions U.K.

(1) Where a person within the first column of the following Table (“the young offender”) is under 18 (or, in Scotland, 16) when he is before the court referred to in the second column of the Table opposite the description that applies to him, that court may direct that subsection (2) applies in respect of an individual (“the parent”) having parental responsibility for (or, in Scotland, parental responsibilities in relation to) the young offender.

TABLE

Description of person	Court which may make the direction
A relevant offender within section 80(1)(a) to (c) or 81(1)(a) to (c)	The court which deals with the offender in respect of the offence or finding
A relevant offender within section 129(1)(a) to (c)	The court which deals with the offender in respect of the offence or finding
A person who is the subject of a notification order, interim notification order, [F40 sexual harm prevention order, interim sexual harm prevention order,] sexual offences prevention order or interim sexual offences prevention order [F41 , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)]	The court which makes the order
A relevant offender who is the defendant to an application under subsection (4) (or, in Scotland, the subject of an application under subsection (5))	The court which hears the application

[F42 (1A) In the Table—

(a) the reference to a sexual harm prevention order includes an order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

(b) the reference to an interim sexual harm prevention order includes an order made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]

(2) Where this subsection applies—

(a) the obligations that would (apart from this subsection) be imposed by or under sections 83 to 86 on the young offender are to be treated instead as obligations on the parent, and

(b) the parent must ensure that the young offender attends at the police station with him, when a notification is being given.

(3) A direction under subsection (1) takes immediate effect and applies—

(a) until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or

(b) for such shorter period as the court may, at the time the direction is given, direct.

(4) A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for a direction under subsection (1) in respect of a relevant offender (“the defendant”)—

(a) who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and

(b) who the chief officer believes is under 18.

(5) In Scotland, [F43 the chief constable of the Police Service of Scotland] may, by summary application to any sheriff F44 ..., apply for a direction under subsection (1) in respect of a relevant offender (“the subject”)—

(a) who resides in that area, or who the chief constable believes is in or is intending to come to that area, and

(b) who the chief constable believes is under 16.

Textual Amendments

F40 Words in s. 89(1) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 57 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F41 Words in s. 89(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 206 (with Sch. 27); S.I. 2020/1236, reg. 2

F42 S. 89(1A) inserted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 3(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F43 Words in s. 89(5) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(5)(a)

F44 Words in s. 89(5) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(5)(b)

90 Parental directions: variations, renewals and discharges U.K.

(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a direction under section 89(1).

(2) The persons are—

(a) the young offender;

(b) the parent;

(c) the chief officer of police for the area in which the young offender resides;

(d) a chief officer of police who believes that the young offender is in, or is intending to come to, his police area;

[F45 (e) in Scotland—

(i) where the appropriate court is a civil court, the chief constable of the Police Service of Scotland; and

(ii) in any other case, the prosecutor;]

(f) where the direction was made on an application under section 89(4), the chief officer of police who made the application;

(g) where the direction was made on an application under section 89(5), the chief constable who made the application.

(3) An application under subsection (1) may be made—

(a) where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court;

(b) in any other case, by complaint (or, in Scotland, by summary application).

(4) On the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the direction, that the court considers appropriate.

(5) In this section, the “appropriate court” means—

(a) where the Court of Appeal made the order, the Crown Court;

(b) in any other case, the court that made the direction under section 89(1).

Textual Amendments

F45 S. 90(2)(e) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(6)

91 Offences relating to notification E+W+N.I.

(1) A person commits an offence if he—

(a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1)[F46 , 85A(2) or (6)], 87(4) [F47 or 89(2)(b)] [F47 , 89(2)(b) or 96ZB(3)(b)] or any requirement imposed by regulations made under section 86(1); or

(b) notifies to the police, in purported compliance with section 83(1), 84(1) [F48 or 85(1)] [F48 , 85(1) or 85A(2) or (6)] or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) [F49 or 85(1)] [F49 , 85(1) or 85A(2) or (6)] or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

(4) Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

Extent Information

E4 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F46 Words in s. 91(1)(a) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(a), 15(2)(b); S.R. 2014/179, art. 2(a)

F47 Words in s. 91(1)(a) substituted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(3), 208(1); S.I. 2022/1227, reg. 3(b)

F48 Words in s. 91(1)(b) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(b), 15(2)(b); S.R. 2014/179, art. 2(a)

F49 Words in s. 91(3) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(c), 15(2)(b); S.R. 2014/179, art. 2(a)

91 Offences relating to notification S

(1) A person commits an offence if he—

(a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), [F69 87(5A)][F70 or (5B)] or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or

(b) notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

[F71 (4) Proceedings for an offence under this section may be commenced in any court—

(a) having jurisdiction in any place where the accused—

(i) resides;

(ii) is last known to have resided; or

(iii) is found;

(b) which has convicted the accused of an offence if the accused is subject to the notification requirements of this Part by virtue of that conviction; or

(c) which has made an order under section 104(1)(b) in respect of the accused if the accused is subject to those requirements by virtue of that order.]

Extent Information

E9 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F69 Words in s. 91(1)(a) substituted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(9), 104; S.S.I. 2006/432, art. 2(d)

F70 Words in s. 91(1)(a) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(8), 104; S.S.I. 2006/432, art. 2(d)

F71 S. 91(4) substituted (S.) (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 18, 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1 (subject to art. 3(3))

[F50 91A Review of indefinite notification requirements: qualifying relevant offender E+W

(1) A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”).

(2) A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—

(a) subject to the indefinite notification requirements; and

(b) not subject to [F51 a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F,] a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3) [F52 , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)].

(3) The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—

(a) section 80(1);

(b) section 81(1); or

[F53 (c) a notice given under section 96ZA.]

(4) In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).

(5) Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1).

(6) If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area.

(7) In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.

Textual Amendments

F50 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

F51 Words in s. 91A(2)(b) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 58 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F52 Words in s. 91A(2)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 207 (with Sch. 27); S.I. 2020/1236, reg. 2

F53 S. 91A(3)(c) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(4), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

91B Review of indefinite notification requirements: application for review and qualifying dates E+W

(1) An application for review must be in writing and may be made on or after the qualifying date or, as the case may be, the further qualifying date.

(2) Subject to subsection (7), the qualifying date is—

(a) where the qualifying relevant offender was 18 or over on the relevant date, the day after the end of the 15 year period beginning with the day on which the qualifying relevant offender gives the relevant notification; or

(b) where the qualifying relevant offender was under 18 on the relevant date, the day after the end of the 8 year period beginning with the day on which the qualifying relevant offender gives the relevant notification.

(3) Subject to subsections (4) to (6), the further qualifying date is the day after the end of the 8 year period beginning with the day on which the relevant chief officer of police makes a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements.

(4) Subsection (5) applies if the relevant chief officer of police, when making a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements, considers that the risk of sexual harm posed by a qualifying relevant offender is sufficient to justify a continuation of those requirements after the end of the 8 year period beginning with the day on which the determination is made.

(5) If this subsection applies, the relevant chief officer of police may make a determination to require a qualifying relevant offender to remain subject to the indefinite notification requirements for a period which may be no longer than the 15 year period beginning with the day on which the determination is made.

(6) If subsection (5) applies, the further qualifying date is the day after the end of the period determined under that subsection.

(7) The qualifying date must not be earlier than the expiry of the fixed period specified in a notification continuation order made in relation to a qualifying relevant offender in accordance with sections 88A to 88I.

(8) The relevant chief officer of police within 14 days of receipt of an application for review—

(a) must give an acknowledgment of receipt of the application to the qualifying relevant offender, and

(b) may notify a responsible body that the application has been made.

(9) Where a responsible body is notified of the application for review under subsection (8)(b) and holds information which it considers to be relevant to the application, the responsible body must give such information to the relevant chief officer of police within 28 days of receipt of the notification.

(10) In this section “the relevant notification” means the first notification which the relevant offender gives under section 83, 84 or 85 when he is first released after—

(a) being remanded in or committed to custody by an order of a court in relation to the conviction for the offence giving rise to the indefinite notification requirements;

(b) serving a sentence of imprisonment or a term of service detention in relation to that conviction;

(c) being detained in hospital in relation to that conviction.

(11) For the purposes of this Part—

(a) “responsible body” means—

(i) the probation trust for any area that includes any part of the police area concerned,

(ii) in relation to any part of the police area concerned for which there is no probation trust, each provider of probation services which has been identified as a relevant provider of probation services for the purposes of section 325 of the Criminal Justice Act 2003 by arrangements under section 3 of the Offender Management Act 2007,

(iii) the Minister of the Crown exercising functions in relation to prisons (and for this purpose “prison” has the same meaning as in the Prison Act 1952), and

(iv) each body mentioned in section 325(6) of the Criminal Justice Act 2003, but as if the references in that subsection to the relevant area were references to the police area concerned;

(b) “risk of sexual harm” means a risk of physical or psychological harm to the public in the United Kingdom or any particular members of the public caused by the qualifying relevant offender committing one or more of the offences listed in Schedule 3.

Textual Amendments

F50 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

91C Review of indefinite notification requirements: determination of application for review E+W

(1) The relevant chief officer of police must, within 6 weeks of the latest date on which any body to which a notification has been given under section 91B(8)(b) may give information under section 91B(9)—

(a) determine the application for review, and

(b) give notice of the determination to the qualifying relevant offender.

(2) For the purposes of the determination of an application for review under this section, a qualifying relevant offender must satisfy the relevant chief officer of police that it is not necessary for the purpose of protecting the public or any particular members of the public from sexual harm for the qualifying relevant offender to remain subject to the indefinite notification requirements.

(3) If the relevant chief officer of police determines under this section that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of the determination must—

(a) contain a statement of reasons for the determination, and

(b) inform the qualifying relevant offender that he may appeal the determination in accordance with section 91E.

(4) If the relevant chief officer of police determines under this section that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.

(5) The Secretary of State may by order amend the period in subsection (1).

Textual Amendments

F50 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

91D Review of indefinite notification requirements: factors applying to determination under section 91C E+W

(1) In determining an application for review under section 91C, the relevant chief officer of police must—

(a) have regard to information (if any) received from a responsible body;

(b) consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender; and

(c) take into account the matters listed in subsection (2).

(2) The matters are—

(a) the seriousness of the offence in relation to which the qualifying relevant offender became subject to the indefinite notification requirements;

(b) the period of time which has elapsed since the qualifying relevant offender committed the offence (or other offences);

(c) where the qualifying relevant offender falls within section 81(1), whether the qualifying relevant offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d) whether the qualifying relevant offender has committed any offence under section 91;

(e) the age of the qualifying relevant offender at the qualifying date or further qualifying date;

(f) the age of the qualifying relevant offender at the time the offence referred to in paragraph (a) was committed;

(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the qualifying relevant offender at the time the offence was committed;

(h) any assessment of the risk posed by the qualifying relevant offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;

(i) any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;

(j) any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the qualifying relevant offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);

(k) any caution which the qualifying relevant offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;

(l) any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the qualifying relevant offender for any offence listed in Schedule 5 where the behaviour of the qualifying relevant offender since the date of such conviction or finding indicates a risk of sexual harm;

(m) any other submission or evidence of the risk of sexual harm posed by the qualifying relevant offender;

(n) any evidence presented by or on behalf of the qualifying relevant offender which demonstrates that the qualifying relevant offender does not pose a risk of sexual harm; and

(o) any other matter which the relevant chief officer of police considers to be appropriate.

(3) In this section, a reference to a conviction, finding or caution for an offence committed in a country outside the United Kingdom means a conviction, finding or caution for an act which—

(a) constituted an offence under the law in force in the country concerned, and

(b) would have constituted an offence listed in Schedule 3 or Schedule 5 if it had been done in any part of the United Kingdom.

Textual Amendments

F50 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

91E Review of indefinite notification requirements: appeals E+W

(1) A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91C.

(2) An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.

(3) A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.

(4) If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.

Textual Amendments

F50 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

91F Review of indefinite notification requirements: guidance E+W

(1) The Secretary of State must issue guidance to relevant chief officers of police in relation to the determination by them of applications made under section 91B.

(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.]

Textual Amendments

F50 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

92 Certificates for purposes of Part 2 U.K.

(1) Subsection (2) applies where on any date a person is—

(a) convicted of an offence listed in Schedule 3;

(b) found not guilty of such an offence by reason of insanity; or

(c) found to be under a disability and to have done the act charged against him in respect of such an offence.

(2) If the court by or before which the person is so convicted or found—

(a) states in open court—

(i) that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and

(ii) that the offence in question is an offence listed in Schedule 3, and

(b) certifies those facts, whether at the time or subsequently,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

(3) Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.

(4) If the constable—

(a) informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and

(b) certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

93 [F54 Abolished homosexual offences][F54 Acts which are no longer offences] E+W+N.I.

Schedule 4 (procedure for ending notification requirements for [F55 abolished homosexual offences] [F55 acts which are no longer offences]) has effect.

Textual Amendments

F54 S. 93 heading substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(2)(a), 15(1)

F55 Words in s. 93 substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(2)(b), 15(1)