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PART 28E+W[F1Sentencing procedures in special cases and on committal for sentence, etc.]

Textual Amendments

Notification requirementsE+W

28.3.—(1) This rule applies where, on a conviction, sentence or order, legislation requires the defendant—

(a)to notify information to the police; or

(b)to be included in a barred list.

(2) The court must tell the defendant that such requirements apply, and under what legislation.

[Note. For the circumstances in which a defendant is required to notify information to the police, see

(a)Part 2 of, and Schedule 3 to, the Sexual Offences Act 2003(1) (notification for the period specified by section 82 of the Act(2) after conviction, etc. of an offence listed in Schedule 3 and committed in the circumstances specified in that Schedule);

(b)Part 4 of the Counter Terrorism Act 2008(3) (notification after conviction of a specified offence of, or connected with, terrorism, for which a specified sentence is imposed).

For the circumstances in which a defendant will be included in a barred list, see paragraphs 1, 2, 7, 8 and 24 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006(4). See also paragraph 25 of that Schedule(5).

These requirements are not part of the court’s sentence.]

Commencement Information

I1Rule 28.3 in force at 5.10.2020, see Preamble

(1)

2003 c. 42; Schedule 3 was amended by article 2 of S.I. 2007/296, section 63(2) of, and paragraph 63 of Schedule 6 to, the Serious Crimes Act 2007 (c. 27), section 148(1) of, and paragraphs 53 and 58 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4) and section 177(1) of, and paragraph 62 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). Other amendments to Schedule 3 are not relevant to these Rules.

(2)

2003 c. 42; section 82 was amended by section 57 of the Violent Crime Reduction Act 2006 (c. 38).

(4)

2006 c. 47; paragraphs 1, 2, 7 and 8 of Schedule 3 were amended by sections 81 and 89 of the Policing and Crime Act 2009 (c. 26). Paragraph 24 was amended by article 2 of S.I. 2008/3050.

(5)

2006 c. 47; paragraph 25 of Schedule 3 was amended by article 3 of S.I. 2008/3050 and section 81 of the Policing and Crime Act 2009 (c. 26).