Sexual Offences Act 2003

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,

[F1 (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 [F2 , 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 [F3 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).

[F4 (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

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

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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, F5 . . .

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

[F6 (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 [F7 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).

[F8 (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

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

Textual Amendments

F5 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)

F6 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)

F7 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)

F8 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)