Sexual Offences Act 2003

[F1 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

F1 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