Counter-Terrorism Act 2008

Counter-Terrorism Act 2008

2008 CHAPTER 28

Commentary on Sections

Part 4 – Notification Requirements

Notification requirements

Section 47– Initial notification

124. Section 47 sets out the information the person must supply to the police when first making a notification and the time scales within which that notification must be made. Subsection (1) provides that an individual must notify the police of the specified information within three days beginning with the day the person was dealt with for the offence or, where these provisions have retrospective application, within three days of the commencement of Part 4. In calculating the period within which an offender must give notification under subsection (1), any time when the offender meets the conditions in subsection (4) – for instance any time when he is serving a sentence of imprisonment – does not count. As a person will usually be sent straight to prison (or hospital) following their conviction for a relevant offence, this will usually mean that the person will have to make their initial notification within three days of their release. Subsection (6) provides that where the notification requirements apply by virtue of a conviction prior to the commencement of this Part and the person is not still in prison or otherwise detained, initial notification must be given within 3 days of commencement.

125. Subsections (2) and (3) set out the information which is required from the person subject to the notification requirements, and includes the person’s name (or names) and home address (or addresses), date of birth and national insurance number and any information prescribed in regulations. The definition of “home address” is found in section 60. This provides that where an offender is homeless or has no fixed abode his “home address” means an address or location where he can be regularly found. This might, for example, be a shelter, a friend's house or a park bench.

126. Subsection (5) relates to a case where a person who receives a triggering conviction and sentence is already subject to the notification requirements by virtue of an earlier offence. If in these circumstances the person has made an initial notification in accordance with subsection (1) in respect of the earlier offence, he is not required to make an initial notification again in accordance with subsection (1). However, this applies only where the notification period in respect of the earlier offence lasts throughout the period specified in subsection (1), as extended in accordance with subsection (4) if appropriate.