Counter-Terrorism Act 2008

Valid from 01/10/2009

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) (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 of that Act (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), 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), 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 on grounds of insanity at the time of the act or omission constituting the offence, or

(iii) found, following an examination of facts under section 55 of the Criminal Procedure (Scotland) Act 1995 (insanity in bar of trial: examination of facts) 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)),

(iv) an extended custodial sentence under Article 14(5) of that Order (offenders under 21 convicted of certain 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 Secretary of State 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)”.