Counter-Terrorism Act 2008

Part 4 U.K. Notification requirements

Introductory U.K.

40 Scheme of this Part U.K.

(1) This Part imposes notification requirements on persons dealt with in respect of certain offences—

(a) sections 41 to 43 specify the offences to which this Part applies;

(b) sections 44 to 46 make provision as to the sentences or orders triggering the notification requirements;

(c) sections 47 to 52 contain the notification requirements; and

(d) section 53 makes provision as to the period for which the requirements apply.

(2) This Part also provides for—

(a) orders applying the notification requirements to persons dealt with outside the United Kingdom for corresponding foreign offences (see section 57 and Schedule 4), F1 ...

(b) orders imposing restrictions on travel outside the United Kingdom on persons subject to the notification requirements (see section 58 and Schedule 5) [F2 , and

(c) warrants authorising entry and search of premises notified under this Part or where a person to whom the notification requirements apply resides or may be found.]

(3) Schedule 6 provides for the application of this Part to service offences and related matters.

Textual Amendments

F1 Word in s. 40(2)(a) omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 43(a)

F2 S. 40(2)(c) and word inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 43(b)

Commencement Information

I1 S. 40 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

Offences to which this Part applies U.K.

41 Offences to which this Part applies: terrorism offences U.K.

(1) This Part applies to—

(a) an offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—

• section 11 or 12 (offences relating to proscribed organisations),

• sections 15 to 18 (offences relating to terrorist property),

• section 38B (failure to disclose information about acts of terrorism),

• section 54 (weapons training),

• sections 56 to 61 (directing terrorism, possessing things and collecting information for the purposes of terrorism [F3 , eliciting information about members of armed forces etc, entering or remaining in a designated area] and inciting terrorism outside the United Kingdom);

(b) an offence in respect of which there is jurisdiction by virtue of any of sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);

(c) an offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things);

(d) an offence under any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—

• sections 1 and 2 (encouragement of terrorism),

• sections 5, 6 and 8 (preparation and training for terrorism),

• sections 9, 10 and 11 (offences relating to radioactive devices and material and nuclear facilities);

(e) an offence in respect of which there is jurisdiction by virtue of section 17 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc).

[F4 (f) an offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notice imposing terrorism prevention and investigation measures) dealt with on or after the day on which section 42 of the Counter-Terrorism and Sentencing Act 2021 comes into force;

(g) an offence under section 10(1) or (3) of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order or related obligation) dealt with on or after that day.]

(2) This Part also applies to any ancillary offence in relation to an offence listed in subsection (1).

(3) The Secretary of State may by order amend subsection (1).

(4) Any such order is subject to affirmative resolution procedure.

(5) An order adding an offence applies only in relation to offences dealt with after the order comes into force.

(6) An order removing an offence has effect in relation to offences whenever dealt with, whether before or after the order comes into force.

(7) Where an offence is removed from the list, a person subject to the notification requirements by reason of that offence being listed (and who is not otherwise subject to those requirements) ceases to be subject to them when the order comes into force.

Textual Amendments

F3 Words in s. 41(1)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 44

F4 S. 41(1)(f)(g) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 42, 50(2)(s)

Commencement Information

I2 S. 41 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

42 Offences to which this Part applies: offences having a terrorist connection U.K.

(1) This Part applies to—

[F5 (za) an offence as to which a court has determined under section 69 of the Sentencing Code (sentences for offences with a terrorist connection: England and Wales) that the offence has a terrorist connection,]

(a) an offence as to which a court has determined under section 30 (sentences for offences with a terrorist connection: F6 ... F6 [F7 ... Northern Ireland]) that the offence has a terrorist connection, and

(b) an offence in relation to which section 31 applies (sentences for offences with terrorist connection: Scotland).

(2) A person to whom the notification requirements apply by virtue of such a determination as is mentioned in subsection [F8 (1)(za) or (a)] may appeal against it to the same court, and subject to the same conditions, as an appeal against sentence.

(3) If the determination is set aside on appeal, the notification requirements are treated as never having applied to that person in respect of the offence.

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 42(1)(za) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 274(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F6 Words in s. 42(1)(a) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 274(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F7 Words in s. 42(1)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 8(3), 27(3) (with s. 25(2))

F8 Words in s. 42(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 274(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F9 S. 42(4) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 2(3)

Modifications etc. (not altering text)

C1 S. 42(1)(a) modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement Information

I3 S. 42 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

43 Offences dealt with before commencement U.K.

(1) This Part applies to a person dealt with for an offence before the commencement of this Part only if—

(a) the offence is on the commencement of this Part within section 41(1) or (2) (offences to which this Part applies: terrorism offences), and

(b) immediately before the commencement of this Part the person—

(i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,

(ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or

(iii) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence.

(2) In relation to a person dealt with for an offence before the commencement of this Part—

(a) any reference in this Part to a sentence or order under a specified statutory provision includes a sentence or order under any corresponding earlier statutory provision;

(b) any reference in this Part to a person being or having been found to be under a disability and to have done the act charged against them in respect of an offence includes a reference to their being or having been found—

(i) unfit to be tried for the offence,

(ii) insane so that their trial for the offence cannot or could not proceed, or

(iii) unfit to be tried and to have done the act charged against them in respect of the offence.

Commencement Information

I4 S. 43 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

Persons to whom the notification requirements apply U.K.

44 Persons to whom the notification requirements apply U.K.

The notification requirements apply to a person who—

(a) is aged 16 or over at the time of being dealt with for an offence to which this Part applies, and

(b) is made subject in respect of the offence to a sentence or order within section 45 (sentences or orders triggering notification requirements).

Commencement Information

I5 S. 44 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

45 Sentences or orders triggering notification requirements U.K.

(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) [F10 or 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 [F11 of 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),

[F12 (via) detention under section 226B of that Act [F13 or under section 254 of the Sentencing Code] (extended sentence of detention for certain dangerous offenders aged under 18),]

[F14 (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),

[F15 (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 [F16 by 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 [F17 that 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)),

[F18 (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),

[F19 (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 [F20 Minister 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

F10 Words 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

F11 Words 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

F12 S. 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)

F13 Words 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

F14 S. 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

F15 S. 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

F16 Words 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.

F17 Words 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.

F18 S. 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

F19 S. 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

F20 Words 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

I6 S. 45 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

46 Power to amend specified terms or periods of imprisonment or detention U.K.

(1) The Secretary of State may by order amend the provisions of section 45 referring to a specified term or period of imprisonment or detention.

(2) An order reducing a specified term or period has effect only in relation to persons dealt with after the order comes into force.

(3) Where an order increases a specified term or period—

(a) it has effect in relation to persons dealt with at any time, whether before or after the order comes into force, and

(b) a person who would not have been subject to the notification requirements if the order had been in force when the offence was dealt with (and who is not otherwise subject to those requirements) ceases to be subject to the requirements when the order comes into force.

(4) An order under this section is subject to affirmative resolution procedure.

Commencement Information

I7 S. 46 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

Notification requirements U.K.

47 Initial notification U.K.

(1) A person to whom the notification requirements apply must notify the following information to the police within the period of three days beginning with the day on which the person is dealt with in respect of the offence in question.

(2) The information required is—

(a) date of birth;

(b) national insurance number;

(c) name on the date on which the person was dealt with in respect of the offence (where the person used one or more other names on that date, each of those names);

(d) home address on that date;

[F21 (da) all contact details on that date;]

(e) name on the date on which notification is made (where the person uses one or more other names on that date, each of those names);

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

[F22 (fa) all contact details on the date on which notification is made;]

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

[F23 (ga) identifying information of any motor vehicle of which the person is the registered keeper, or which the person has a right to use (whether routinely or on specific occasions or for specific purposes), on the date on which notification is made;

(gb) the financial information specified in paragraph 1 of Schedule 3A;

(gc) the information about identification documents specified in paragraph 2 of Schedule 3A;]

(h) any prescribed information.

(3) In subsection (2) “prescribed” means prescribed by regulations made by the Secretary of State.

Such regulations are subject to affirmative resolution procedure.

(4) In determining the period within which notification is to be made under this section, there shall be disregarded any time when the person is—

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

(b) serving a sentence of imprisonment or detention,

(c) detained in a hospital, or

(d) detained under the Immigration Acts.

(5) This section does not apply to a person who—

(a) is subject to the notification requirements in respect of another offence (and does not cease to be so subject before the end of the period within which notification is to be made), and

(b) has complied with this section in respect of that offence.

(6) In the application of this section to a person dealt with for an offence before the commencement of this Part who, immediately before commencement—

(a) would be imprisoned or detained in respect of the offence but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or

(b) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence,

the reference in subsection (1) to the day on which the person is dealt with in respect of the offence shall be read as a reference to the commencement of this Part.

Textual Amendments

F21 S. 47(2)(da) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(2)(a), 27(3) (with s. 24(1)-(5))

F22 S. 47(2)(fa) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(2)(b), 27(3) (with s. 24(1)-(5))

F23 S. 47(2)(ga)-(gc) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(2)(c), 27(3) (with s. 24(1)-(5))

Commencement Information

I8 S. 47 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

48 Notification of changes [F24 : general] U.K.

(1) A person to whom the notification requirements apply who uses a name that has not previously been notified to the police must notify the police of that name.

(2) If there is a change of the home address of a person to whom the notification requirements apply, the person must notify the police of the new home address.

(3) A person to whom the notification requirements apply who resides or stays at premises in the United Kingdom the address of which has previously not been notified to the police—

(a) for a period of 7 days, or

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

must notify the police of the address of those premises.

(4) A person to whom the notification requirements apply who is released—

(a) from custody pursuant to an order of a court,

(b) from imprisonment or detention pursuant to a sentence of a court,

(c) from detention in a hospital, or

(d) from detention under the Immigration Acts,

must notify the police of that fact.

This does not apply if the person is at the same time required to notify the police under section 47 (initial notification).

[F25 (4A) If there is a change in the contact details of a person to whom the notification requirements apply, the person must notify the police of the new contact details.

(4B) If a person to whom the notification requirements apply ceases to use contact details which the person has previously notified under this Part, the person must notify the police of that fact.

(4C) If a person to whom the notification requirements apply becomes the registered keeper of, or acquires a right to use, a motor vehicle the identifying information of which has not previously been notified to the police, the person must notify the police of the identifying information of that motor vehicle.

(4D) If there is a change in the identifying information of a motor vehicle previously notified under this Part, the person must notify the police—

(a) that there has been a change, and

(b) of the new identifying information of the motor vehicle.

(4E) If a person to whom the notification requirements apply ceases to be the registered keeper of a motor vehicle the identifying information of which the person has notified, or ceases to have the right to use such a motor vehicle, the person must notify the police that the person is no longer the registered keeper of the motor vehicle or no longer has the right to use it.]

(5) A person who is required to notify information within section 47(2)(h) (prescribed information) must notify the police of the prescribed details of any prescribed changes in that information.

(6) In subsection (5) “prescribed” means prescribed by regulations made by the Secretary of State.

Such regulations are subject to affirmative resolution procedure.

[F26 (7) Notification under this section must be made—

(a) in a case to which subsection (4C) applies, before the earlier of the following—

(i) the end of the period of three days beginning with the day on which the person becomes the registered keeper of the motor vehicle or acquires a right to use it, or

(ii) the first occasion on which the person uses the motor vehicle by virtue of being its registered keeper or having a right to use it,

(b) in a case to which subsection (4D) applies, before the earlier of the following—

(i) the end of the period of three days beginning with the day on which the identifying information changes, or

(ii) the first occasion on which the person uses the motor vehicle after the identifying information has changed,

(c) in any other case, before the end of the period of three days beginning with the day on which the event in question occurs (and, where subsection (3) applies, that is the day with which the period referred to in paragraph (a) or (b) (as the case may be) of subsection (3) ends).]

Where subsection (3) applies that is the day with which the period referred to in paragraph (a) or (b) (as the case may be) ends.

(8) In determining the period within which notification is to be made under this section, there shall be disregarded any time when the person is—

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

(b) serving a sentence of imprisonment or detention,

(c) detained in a hospital, or

(d) detained under the Immigration Acts.

(9) References in this section to previous notification are to previous notification by the person under section 47 (initial notification), this section, [F27 section 48A (notification of changes: financial information and information about identification documents),] section 49 (periodic re-notification) or section 56 (notification on return after absence from UK).

(10) Notification under this section must be accompanied by re-notification of the other information mentioned in section 47(2).

Textual Amendments

F24 Word in s. 48 heading inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(3)(a), 27(3) (with s. 24(1)-(5))

F25 S. 48(4A)-(4E) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(3)(b), 27(3) (with s. 24(1)-(5))

F26 S. 48(7) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(3)(c), 27(3) (with s. 24(1)-(5))

F27 Words in s. 48(9) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 45

Commencement Information

I9 S. 48 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

[F28 48A Notification of changes: financial information and information about identification documents U.K.

(1) If there is a change in any of the financial information (see paragraph 1 of Schedule 3A), or information about identification documents (see paragraph 2 of that Schedule), in relation to a person to whom the notification requirements apply, the person must notify the police of the change.

(2) For the purposes of subsection (1) there is a change in the financial information if—

(a) an account previously notified in accordance with this Part is closed;

(b) a payment card previously notified in accordance with this Part is no longer held by the person notified as holding it;

(c) an account is opened, or a payment card is obtained, which would have been required to be notified in accordance with section 47(2)(gb) if the account or card had been held at the time when notification was made under section 47(1);

(d) any other financial information previously notified in accordance with this Part is altered or becomes inaccurate.

(3) For the purposes of subsection (1) there is a change in the information about identification documents if—

(a) the person ceases to hold a passport or other document previously notified in accordance with this Part;

(b) the person obtains a passport or other document which would have been required to be notified in accordance with section 47(2)(gc) if it had been held at the time when notification was made under section 47(1).

(4) Where a change required to be notified under subsection (1) relates to opening a new account or obtaining a new payment card as mentioned in subsection (2)(c), the person must in notifying the change include all the information (so far as relevant) specified in paragraph 1(2) of Schedule 3A in respect of the new account or card.

(5) Where a change required to be notified under subsection (1) relates to the holding of a new passport or other document as mentioned in subsection (3)(b), the person must in notifying the change include all the information (so far as relevant) specified in paragraph 2 of Schedule 3A in relation to the new passport or other document.

(6) Notification under this section must be made before the end of the period of three days beginning with the day on which the event in question occurs.

(7) In determining the period within which notification is to be made under this section, any time when the person is—

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

(b) serving a sentence of imprisonment or detention,

(c) detained in a hospital, or

(d) detained under the Immigration Acts,

is to be ignored.

(8) Notification under this section must be accompanied by re-notification of the other information mentioned in section 47(2).]

Textual Amendments

F28 S. 48A inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(4), 27(3) (with s. 24(1)-(5))

49 Periodic re-notification U.K.

(1) A person to whom the notification requirements apply must, within [F29 the applicable period] after last notifying the police in accordance with—

(a) section 47 (initial notification),

(b) section 48 (notification of change [F30 : general]),

[F31 (ba) section 48A (notification of changes: financial information and information about identification documents),]

(c) this section, or

(d) section 56 (notification on return after absence from UK),

re-notify to the police the information mentioned in section 47(2).

[F32 (1A) In this section the “applicable period” means—

(a) in the case of a person who has no sole or main residence in the United Kingdom, the period of one week, and

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

(2) Subsection (1) does not apply if the [F33 applicable period] ends at a time when the person is—

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

(b) serving a sentence of imprisonment or detention,

(c) detained in a hospital, or

(d) detained under the Immigration Acts.

(3) In that case section 48(4) and (10) (duty to notify of release and to re-notify other information) apply when the person is released.

Textual Amendments

F29 Words in s. 49(1) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(5)(a), 27(3) (with s. 24(1)-(5))

F30 Word in s. 49(1)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 46(2)(a)

F31 S. 49(1)(ba) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 46(2)(b)

F32 S. 49(1A) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(5)(b), 27(3) (with s. 24(1)-(5))

F33 Words in s. 49(2) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 46(3)

Commencement Information

I10 S. 49 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

50 Method of notification and related matters U.K.

(1) This section applies to notification under—

(a) section 47 (initial notification),

(b) section 48 (notification of change [F34 : general]),

[F35 (ba) section 48A (notification of changes: financial information and information about identification documents),]

(c) section 49 (periodic re-notification), or

(d) section 56 (notification on return after absence from UK).

(2) Notification must be made by the person—

(a) attending at a police station in the person's local police area, and

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

(3) A person making a notification under section 48 (notification of change) in relation to premises referred to in subsection (3) of that section may make the notification at a police station that would fall within subsection (2)(a) above if the address of those premises were the person's home address.

(4) The notification must be acknowledged.

(5) The acknowledgement must be in writing, and in such form as the Secretary of State may direct.

(6) The person making the notification must, if requested to do so by the police officer or person to whom the notification is made, allow the officer or person to—

(a) take the person's fingerprints,

(b) photograph any part of the person, or

(c) do both these things,

for the purpose of verifying the person's identity.

(7) In the application of this section to Scotland, references to a police officer are to be read as references to a constable.

Textual Amendments

F34 Word in s. 50(1)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 47(a)

F35 S. 50(1)(ba) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 47(b)

Commencement Information

I11 S. 50 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

51 Meaning of “local police area” U.K.

(1) For the purposes of section 50(2) (method of notification) a person's “local police area” means—

(a) the police area in which the person's 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 of trial was situated.

(2) In subsection (1)(c) “the court of trial” means—

(a) the court by or before which the conviction or finding was made by virtue of which the notification requirements apply to the person, or

(b) if that conviction or finding was one substituted on an appeal or reference, the court by or before which the proceedings were taken from which the appeal or reference was brought.

(3) This section and section 50(2) apply in relation to Northern Ireland as if Northern Ireland were a police area.

[F36 (4) This section and section 50(2) apply in relation to Scotland as if Scotland were a police area.]

Textual Amendments

F36 S. 51(4) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(4)

Commencement Information

I12 S. 51 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

52 Travel outside the United Kingdom U.K.

(1) The Secretary of State may by regulations make provision requiring a person to whom the notification requirements apply who leaves the United Kingdom—

(a) to notify the police of their departure before they leave, and

(b) to notify the police of their return if they subsequently return to the United Kingdom.

(2) Notification of departure must disclose—

(a) the date on which the person intends to leave the United Kingdom;

(b) the country (or, if there is more than one, the first country) to which the person will travel;

(c) the person's point of arrival (determined in accordance with the regulations) in that country;

(d) any other information required by the regulations.

(3) Notification of return must disclose such information as is required by the regulations about the person's return to the United Kingdom.

(4) Notification under this section must be given in accordance with the regulations.

(5) Regulations under this section are subject to affirmative resolution procedure.

Commencement Information

I13 S. 52 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

Period for which notification requirements apply U.K.

53 Period for which notification requirements apply U.K.

(1) The period for which the notification requirements apply is—

(a) 30 years in the case of a person who—

(i) is aged 18 or over at the time of conviction for the offence, and

(ii) receives in respect of the offence a sentence within subsection (2);

(b) 15 years in the case of a person who—

(i) is aged 18 or over at the time of conviction for the offence, and

(ii) receives in respect of the offence a sentence within subsection (3);

(c) 10 years in any other case.

(2) The sentences in respect of which a 30 year period applies are—

(a) in England and Wales—

(i) imprisonment or custody for life,

(ii) imprisonment or detention in a young offender institution for a term of 10 years 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 during Her Majesty's pleasure;

(b) in Scotland—

(i) imprisonment or detention in a young offenders institution for life,

(ii) imprisonment or detention in a young offenders institution for a term of 10 years or more,

(iii) an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(c) in Northern Ireland—

(i) imprisonment for life,

(ii) imprisonment for a term of 10 years 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)),

(iv) an extended custodial sentence for a term of 10 years or more under Article 14(5) of that Order (offenders under 21 convicted of certain offences),

(v) detention during the pleasure of the [F37 Minister in charge of the Department of Justice] under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)).

(3) The sentences in respect of which a 15 year period applies are—

(a) in England and Wales, imprisonment or detention in a young offender institution for a term of 5 years or more but less than 10 years;

(b) in Scotland, imprisonment or detention in a young offenders institution for a term of 5 years or more but less than 10 years;

(c) in Northern Ireland—

(i) imprisonment for a term of 5 years or more but less than 10 years,

(ii) an extended custodial sentence for a term of 5 years or more but less than 10 years under Article 14(5) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (offenders under 21 convicted of certain offences).

(4) The period begins with the day on which the person is dealt with for the offence.

(5) If a person who is the subject of a finding within section 45(1)(b)(iii), (2)(b)(iii) or (3)(b)(iii) (finding of disability, etc) is subsequently tried for the offence, the period resulting from that finding ends—

(a) if the person is acquitted, at the conclusion of the trial;

(b) if the person is convicted, when the person is again dealt with in respect of the offence.

(6) For the purposes of determining the length of the period—

(a) a person who has been sentenced in respect of two or more offences to which this Part applies to consecutive terms of imprisonment is treated as if sentenced, in respect of each of the offences, to a term of imprisonment equal to the aggregate of the terms; and

(b) a person who has been sentenced in respect of two or more such offences to concurrent terms of imprisonment (X and Y) that overlap for a period (Z) is treated as if sentenced, in respect of each of the offences, to a term of imprisonment equal to X plus Y minus Z.

(7) In determining whether the period has expired, there shall be disregarded any period when the person was—

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

(b) serving a sentence of imprisonment or detention,

(c) detained in a hospital, or

(d) detained under the Immigration Acts.

Textual Amendments

F37 Words in s. 53(2)(c)(v) 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(3) (with arts. 28-31)

Commencement Information

I14 S. 53 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

Offences in relation to notification U.K.

54 Offences relating to notification U.K.

(1) A person commits an offence who—

(a) fails without reasonable excuse to comply with—

• section 47 (initial notification),

• section 48 (notification of changes [F38 : general]),

• [F39 section 48A (notification of changes: financial information and information about identification documents),]

• section 49 (periodic re-notification),

• section 50(6) (taking of fingerprints or photographs),

• any regulations made under section 52(1) (travel outside United Kingdom), or

• section 56 (notification on return after absence from UK); or

(b) notifies to the police in purported compliance with—

• section 47 (initial notification),

• section 48 (notification of changes [F40 : general]),

• [F41 section 48A (notification of changes: financial information and information about identification documents), ]

• section 49 (periodic re-notification),

• any regulations made under section 52(1) (travel outside United Kingdom), or

• section 56 (notification on return after absence from UK),

any information that the person 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 12 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 or a fine or both.

(3) In the application of subsection (2)(a)—

(a) in England and Wales, in relation to an offence committed before [F42 2 May 2022], or

(b) in Northern Ireland,

for “12 months” substitute “ 6 months ”.

(4) A person—

(a) commits an offence under subsection (1)(a) above on the day on which the person first fails without reasonable excuse to comply with—

• section 47 (initial notification),

• section 48 (notification of changes [F43 : general ]),

• [F44 section 48A (notification of changes: financial information and information about identification documents),]

• section 49 (periodic re-notification),

• any regulations made under section 52(1) (travel outside United Kingdom), or

• section 56 (notification on return after absence from UK), and

(b) 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.

(5) 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.

Textual Amendments

F38 Word in s. 54(1)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(2)(a)(i)

F39 Words in s. 54(1)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(2)(a)(ii)

F40 Word in s. 54(1)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(2)(b)(i)

F41 Words in s. 54(1)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(2)(b)(ii)

F42 Words in s. 54(3)(a) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F43 Word in s. 54(4)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(3)(a)

F44 Words in s. 54(4)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(3)(b)

Modifications etc. (not altering text)

C2 S. 54(1) modified (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 24(6), 27(3)

Commencement Information

I15 S. 54 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

55 Effect of absence abroad U.K.

(1) If a person to whom the notification requirements apply is absent from the United Kingdom for any period the following provisions apply.

(2) During the period of absence the period for which the notification requirements apply continues to run.

(3) The period of absence does not affect the obligation under section 47 (initial notification).

This is subject to subsection (4).

(4) Section 47 does not apply if—

(a) the period of absence begins before the end of the period within which notification must be made under that section, and

(b) the person's absence results from the person's removal from the United Kingdom.

(5) [F45 Sections 48 and 48A] (notification of changes)—

(a) [F46 apply] in relation to an event that occurs before the period of absence, but

(b) [F47 do] not apply in relation to an event that occurs during the period of absence.

Paragraph (a) is subject to subsection (6).

(6) [F48 Sections 48 and 48A do] not apply in relation to an event that occurs before the period of absence if—

(a) the period of absence begins before the end of the period within which notification must be made under that section, and

(b) the person's absence results from the person's removal from the United Kingdom.

(7) Section 49 (periodic re-notification) does not apply if [F49 the applicable period] referred to in subsection (1) of that section ends during the period of absence.

(8) Section 53(7) (disregard of period of custody etc) applies in relation to the period of absence as if it referred to any period when the person was—

(a) remanded in or committed to custody by an order of a court outside the United Kingdom,

(b) serving a sentence of imprisonment or detention imposed by such a court,

(c) detained in a hospital pursuant to an order of such a court that is equivalent to a hospital order, or

(d) subject to a form of detention outside the United Kingdom that is equivalent to detention under the Immigration Acts.

(9) References in this section and section 56 to a person's removal from the United Kingdom include—

(a) the person's removal from the United Kingdom in accordance with the Immigration Acts,

(b) the person's extradition from the United Kingdom, or

(c) the person's transfer from the United Kingdom to another country pursuant to a warrant under section 1 of the Repatriation of Prisoners Act 1984 (c. 47).

Textual Amendments

F45 Words in s. 55(5) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 49(2)(a)

F46 Word in s. 55(5)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 49(2)(b)

F47 Word in s. 55(5)(b) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 49(2)(c)

F48 Words in s. 55(6) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 49(3)

F49 Words in s. 55(7) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 49(4)

Commencement Information

I16 S. 55 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

56 Notification on return after absence from UK U.K.

(1) This section applies if, before the end of the period for which the notification requirements apply, a person to whom the requirements apply returns to the United Kingdom after a period of absence and—

(a) the person was not required to make a notification under section 47 (initial notification),

(b) there has been a change to any of the information last notified to the police in accordance with—

(i) section 47,

(ii) section 48 (notification of changes [F50 : general]),

[F51 (iia) section 48A (notification of changes: financial information and information about identification documents),]

(iii) section 49 (periodic re-notification), or

(iv) this section, or

(c) the period referred to in section 49(1) (period after which re-notification required) ended during the period of absence.

(2) The person must notify or (as the case may be) re-notify to the police the information mentioned in section 47(2) within the period of three days beginning with the day of return.

(3) In determining the period within which notification is to be made under this section, there shall be disregarded any time when the person is—

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

(b) serving a sentence of imprisonment or detention,

(c) detained in a hospital, or

(d) detained under the Immigration Acts.

(4) This section does not apply if—

(a) the person subsequently leaves the United Kingdom,

(b) the period of absence begins before the end of the period within which notification must be made under this section, and

(c) the person's absence results from the person's removal from the United Kingdom.

(5) The obligation under this section does not affect any obligation to notify information under section 52(3) (regulations requiring notification of return etc).

Textual Amendments

F50 Word in s. 56(1)(b)(ii) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 50(a)

F51 S. 56(1)(b)(iia) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 50(b)

Commencement Information

I17 S. 56 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

[F52 Entry and search of home address U.K.

Textual Amendments

F52 S. 56A and cross-heading inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 13, 27(3) (with s. 24(1)-(5))

56A Power to enter and search home address U.K.

(1) If on an application made by a senior police officer of the relevant force a justice is satisfied that the requirements in subsection (2) are met, the justice may issue a warrant authorising a constable of that force—

(a) to enter premises specified in the warrant for the purpose of assessing the risks posed by the person to whom the warrant relates; and

(b) to search the premises for that purpose.

(2) The requirements are—

(a) that the person to whom the warrant relates—

(i) is a person to whom the notification requirements apply, and

(ii) is not a person to whom subsection (3) applies,

(b) that the address of each set of premises specified in the application is an address falling within subsection (4),

(c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a), and

(d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to gain entry for that purpose.

(3) This subsection applies to a person who is—

(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 a hospital, or

(d) outside the United Kingdom.

(4) An address falls within this subsection if—

(a) it is the address which was last notified in accordance with the notification requirements by the person to whom the warrant relates, or

(b) there are reasonable grounds to believe that the person to whom the warrant relates resides there or may regularly be found there.

(5) A warrant issued under this section must specify each set of premises to which it relates.

(6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

(7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

(8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

(9) In this section—

• “justice” means—

  (a)

  in the application of this section to England and Wales, a justice of the peace;

  (b)

  in the application of this section to Northern Ireland, a lay magistrate;

  (c)

  in the application of this section to Scotland, a sheriff or summary sheriff;

• “the relevant force” means—

  (a)

  in relation to premises in England or Wales, the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;

  (b)

  in relation to premises in Northern Ireland, the Police Service of Northern Ireland;

  (c)

  in relation to premises in Scotland, the Police Service of Scotland;

• “senior police officer” means a constable of the rank of superintendent or above;

• “sentence of imprisonment” includes any form of custodial sentence (apart from service detention);

• “service detention” has the meaning given by section 374 of the Armed Forces Act 2006.]

Supplementary provisions U.K.

57 Notification orders U.K.

Schedule 4 makes provision for notification orders applying the notification requirements of this Part to persons who have been dealt with outside the United Kingdom in respect of a corresponding foreign offence.

Commencement Information

I18 S. 57 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

58 Foreign travel restriction orders U.K.

Schedule 5 makes provision for foreign travel restriction orders prohibiting persons to whom the notification requirements apply from—

(a) travelling to a country outside the United Kingdom named or described in the order,

(b) travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c) travelling to any country outside the United Kingdom.

Commencement Information

I19 S. 58 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

59 Application of Part to service offences and related matters U.K.

Schedule 6 makes provision for the application of this Part to service offences and related matters.

Commencement Information

I20 S. 59 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

60 Minor definitions for Part 4 U.K.

In this Part—

• [F53 “contact details” means—

  (a)

  telephone numbers (if any), and

  (b)

  email addresses (if any);]

• “country” includes a territory;

• “detained in a hospital” means detained in a hospital under—

  (a)

  Part 3 of the Mental Health Act 1983 (c. 20),

  (b)

  Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), or

  (c)

  Part 3 of the Mental Health (Northern Ireland) Order (S.I. 1986/595 (N.I. 4));

• “home address” means, in relation to a person—

  (a)

  the address of the person's sole or main residence in the United Kingdom, or

  (b)

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

• “hospital order” means—

  (a)

  a hospital order within the meaning of the Mental Health Act 1983,

  (b)

  an order under Part 6 of the Criminal Procedure (Scotland) Act 1995, or

  (c)

  a hospital order within the meaning of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

• [F53 “identifying information”, in relation to a motor vehicle, means—

  (a)

  the registration number of the vehicle,

  (b)

  the make, model and colour of the vehicle, and

  (c)

  the location where the vehicle is normally kept when not in use;]

• [F53 “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;]

• “passport” means—

  (a)

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

  (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,

  and includes any document that can be used (in some or all circumstances) instead of a passport;

• [F53 “payment card” means a credit card, a charge card, a prepaid card or a debit card;]

• “photograph” includes any process by means of which an image may be produced;

• [F53 “registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994;]

• “release” from imprisonment or detention includes release on licence but not temporary release.

Textual Amendments

F53 Words in s. 60 inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 12(6), 27(3) (with s. 24(1)-(5))

Commencement Information

I21 S. 60 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)

61 References to a person being “dealt with” for an offence U.K.

(1) References in this Part to a person being dealt with for or in respect of an offence are to their being sentenced, or made subject to a hospital order, in respect of the offence.

References in this Part to an offence being dealt with are to a person being dealt with in respect of the offence.

(2) Subject to the following provisions of this section, references in this Part to the time at which a person is dealt with for an offence are to the time at which they are first dealt with—

(a) in England and Wales, by a magistrates' court or the Crown Court;

(b) in Scotland, by a sheriff or by the High Court of Justiciary;

(c) in Northern Ireland, by the county court.

This is referred to below as “the original decision”.

(3) Where the original decision is varied (on appeal or otherwise), then—

(a) if the result is that the conditions for application of the notification requirements to a person in respect of an offence cease to be met (and paragraph (c) below does not apply), the notification requirements are treated as never having applied to that person in respect of that offence;

(b) if the result is that the conditions for application of the notification requirements to a person in respect of an offence are met where they were not previously met (and paragraph (c) below does not apply)—

(i) the person is treated as dealt with for the offence when the variation takes place, and

(ii) the notification requirements apply accordingly;

(c) if—

(i) a conviction of, or finding in relation to, a different offence is substituted, and

(ii) the conditions for application of the notification requirements were met in respect of the original offence and are also met in respect of the substituted offence,

the person is treated as if they had been dealt with for the substituted offence at the time of the original decision;

(d) if the sentence is varied so as to become one by virtue of which the notification requirements would apply for a different period, the period for which those requirements apply shall be determined as if the sentence as varied had been imposed at the time of the original decision;

(e) in any other case, the variation is disregarded.

(4) For the purposes of—

(a) section 41(5) (effect of order adding offence to list of terrorism offences),

(b) section 44(a) or paragraph 4(a) of Schedule 6 (persons subject to notification requirements: age when dealt with for offence),

(c) section 46(2) or paragraph 6(2) of Schedule 6 (effect of order reducing term or period triggering notification requirements),

(d) section 53(5)(b) or paragraph 7(5)(b) of Schedule 6 (period for which notification requirements apply: ending of period resulting from finding of disability etc where person subsequently tried), and

(e) paragraph 2(3) of Schedule 5 (conditions for making foreign travel restriction order: behaviour since offence dealt with),

a person is treated as dealt with at the time of the original decision and any subsequent variation of the decision is disregarded.

(5) For the purposes of—

(a) section 43(1) and (2) or paragraph 3(1) and (2) of Schedule 6 (application of Part to offences dealt with before commencement), and

(b) paragraph 2(4) of Schedule 5 (conditions for making foreign travel restriction order where offence dealt with before commencement),

a person is dealt with for an offence before the commencement of this Part if the time of the original decision falls before the commencement of this Part.

Where in such a case subsection (3) above applies for the purposes of any provision of this Part, that subsection has effect as if the provisions of this Part had been in force at all material times.

(6) In section 47(6) (adaptation of initial notification requirements in case of offence dealt with before commencement)—

(a) the reference in the opening words to an offence dealt with before the commencement of this Part is to an offence where the time of the original decision falls before the commencement of this Part, and

(b) the reference in the closing words to when the offence is dealt with has the same meaning as in subsection (1) of that section.

(7) References in this section to the variation of a decision include any proceedings by which the decision is altered, set aside or quashed, or in which a further decision is come to following the setting aside or quashing of the decision.

Commencement Information

I22 S. 61 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)