(1)The Secretary of State may include a polygraph condition in the licence of a person to whom this section applies.
(2)This section applies to a person serving a relevant custodial sentence in respect of a relevant sexual offence who—
(a)is released on licence by the Secretary of State under any enactment; and
(b)is not aged under 18 on the day on which he is released.
(3)In this section “relevant custodial sentence” means—
(a)a sentence of imprisonment for a term of twelve months or more (including such a sentence imposed under section [F1226A or] 227 of the Criminal Justice Act 2003 (c. 44) [F2or under section 279 of the Sentencing Code]);
(b)a sentence of detention in a young offender institution for a term of twelve months or more;
(c)a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) [F3or under section 259 of the Sentencing Code];
(d)a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 [F4, or under section 250 of the Sentencing Code,] for a period of twelve months or more;
(e)a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 [F5or under section 272 or 275 of the Sentencing Code]; or
(f)a sentence of detention under section 226 [F6, 226B] or 228 of the Criminal Justice Act 2003 [F7or under section 254 or 258 of the Sentencing Code].
(4)In this section “relevant sexual offence” means—
(a)an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003 (specified sexual offences);
(b)an offence specified in paragraphs 1 to 21 of Schedule 16 to that Act (offences under the law of Scotland); or
(c)an offence specified in Part 2 of Schedule 17 to that Act (offences under the law of Northern Ireland).
(5)In section 250(4) of the Criminal Justice Act 2003 (licence conditions for prisoners serving sentences of imprisonment of twelve months or more etc), in paragraph (b)(i) after “Criminal Justice and Court Services Act 2000” there is inserted “ or section 28 of the Offender Management Act 2007 ”.
Textual Amendments
F1Words in s. 28(3)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 32(2); S.I. 2012/2906, art. 2(s)
F2Words in s. 28(3)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 28(3)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F4Words in s. 28(3)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(c) (with Sch. 27); S.I. 2020/1236, reg. 2
F5Words in s. 28(3)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(d) (with Sch. 27); S.I. 2020/1236, reg. 2
F6Word in s. 28(3)(f) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 32(3); S.I. 2012/2906, art. 2(s)
F7Words in s. 28(3)(f) inserted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(e) (with Sch. 27); S.I. 2020/1236, reg. 2
Commencement Information
I1S. 28 in force at 19.1.2009 for specified purposes and with effect in accordance with art. 5 by S.I. 2009/32, arts. 3(a), 4
I2S. 28 in force at 6.1.2014 in so far as not already in force by S.I. 2013/1963, art. 2(1)