- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (28/04/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 28/04/2022.
There are currently no known outstanding effects for the Counter-Terrorism Act 2008, Section 45.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The notification requirements apply to a person who in England and Wales—
(a)has been convicted of an offence to which this Part applies and sentenced in respect of the offence to—
(i)imprisonment or custody for life,
(ii)imprisonment or detention in a young offender institution for a term of 12 months or more,
(iii)imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (c. 44),
(iv)detention for life or for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) [F1or section 250 of the Sentencing Code] (offenders under 18 convicted of certain serious offences),
(v)a detention and training order for a term of 12 months or more under section 100 [F2of the Powers of Criminal Courts (Sentencing) Act 2000 or under Chapter 2 of Part 10 of the Sentencing Code] (offenders under age of 18),
(vi)detention for public protection under section 226 of the Criminal Justice Act 2003 (serious offences committed by persons under 18),
[F3(via)detention under section 226B of that Act [F4or under section 254 of the Sentencing Code] (extended sentence of detention for certain dangerous offenders aged under 18),]
[F5(vib)detention under section 252A of the Sentencing Code (special sentence for terrorist offenders of particular concern aged under 18),] or
(vii)detention during Her Majesty's pleasure; or
(b)has been—
(i)convicted of an offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii)found not guilty by reason of insanity of such an offence, or
(iii)found to be under a disability and to have done the act charged against them in respect of such an offence,
and made subject in respect of the offence to a hospital order.
(2)The notification requirements apply to a person who in Scotland—
(a)has been convicted of an offence to which this Part applies and sentenced in respect of the offence to—
(i)imprisonment or detention in a young offenders institution for life,
(ii)imprisonment or detention in a young offenders institution for a term of 12 months or more,
(iii)an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995 (c. 46),
(iv)detention without limit of time under section 205(2) of that Act (punishment for murder for offenders under 18),
[F6(iva)detention under section 205ZC(5) of that Act,] or
(v)detention for a period of 12 months or more under section 208 of that Act (detention of children convicted on indictment); or
(b)has been—
(i)convicted of an offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii)acquitted of such an offence [F7by reason of the special defence set out in section 51A of that Act (criminal responsibility of persons with mental disorder), or]
(iii)found, following an examination of facts under section 55 of [F8that Act (examination of facts where person unfit for trial) ] in relation to such an offence, to have done the act or omission constituting the offence,
and made subject in respect of the offence to a hospital order.
(3)The notification requirements apply to a person who in Northern Ireland—
(a)has been convicted of an offence to which this Part applies and sentenced in respect of the offence to—
(i)imprisonment for life,
(ii)imprisonment or detention in a young offenders centre for a term of 12 months or more,
(iii)an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),
[F9(iiia)a serious terrorism sentence under Article 13A(6) of that Order (offenders under 21 convicted of certain serious terrorist or terrorism-related offences),]
(iv)an extended custodial sentence under Article 14(5) of that Order (offenders under 21 convicted of certain offences),
[F10(iva)a sentence under Article 15A(5) of that Order (offenders under 21 convicted of certain terrorist or terrorism-related offences),]
(v)a juvenile justice centre order under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) for a period of 12 months or more,
(vi)detention during the pleasure of the [F11Minister in charge of the Department of Justice] under Article 45(1) of that Order (punishment of certain grave crimes committed by a child), or
(vii)detention under Article 45(2) of that Order for a period of 12 months or more (other serious offences committed by a child); or
(b)has been—
(i)convicted of an offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii)found not guilty by reason of insanity of such an offence, or
(iii)found to be unfit to be tried and to have done the act charged against them in respect of such an offence,
and made subject in respect of the offence to a hospital order.
(4)The references in this section to an offence carrying a maximum term of imprisonment of 12 months or more—
(a)are to an offence carrying such a maximum term in the case of a person who has attained the age of 21 (18 in relation to England and Wales), and
(b)include an offence carrying in the case of such a person a maximum term of life imprisonment and an offence for which in the case of such a person the sentence is fixed by law as life imprisonment.
(5)In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) subsection (4)(a) above has effect with the omission of the words “(18 in relation to England and Wales)”.
Textual Amendments
F1Words in s. 45(1)(a)(iv) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 275(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F2Words in s. 45(1)(a)(v) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 275(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F3S. 45(1)(a)(via) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 33(3); S.I. 2012/2906, art. 2(s)
F4Words in s. 45(1)(a)(via) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 275(c) (with Sch. 27); S.I. 2020/1236, reg. 2
F5S. 45(1)(a)(vib) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 25
F6S. 45(2)(a)(iva) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 59
F7Words in s. 45(2)(b)(ii) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 85(a); S.S.I. 2012/160, art. 3, sch.
F8Words in s. 45(2)(b)(iii) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 85(b); S.S.I. 2012/160, art. 3, sch.
F9S. 45(3)(a)(iiia) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 65
F10S. 45(3)(a)(iva) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 71
F11Words in s. 45(3)(a)(vi) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 91(2) (with arts. 28-31)
Commencement Information
I1S. 45 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys