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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 2 — Notification and orders

    38

 

           (a)           he is convicted of an offence listed in Schedule 2;

           (b)           he is found not guilty of such an offence by reason of insanity;

           (c)           he is found to be under a disability and to have done the act charged

against him in respect of such an offence; or

           (d)           in England and Wales or Northern Ireland, he is cautioned in respect of

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such an offence.

     (2)    A person for the time being subject to the notification requirements of this Part

is referred to in this Part as a “relevant offender”.

 83    Persons formerly subject to Part 1 of the Sex Offenders Act 1997

     (1)    A person is, from the commencement of this Part until the end of the

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notification period, subject to the notification requirements of this Part if,

before the commencement of this Part—

           (a)           he was convicted of an offence listed in Schedule 2;

           (b)           he was found not guilty of such an offence by reason of insanity;

           (c)           he was found to be under a disability and to have done the act charged

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against him in respect of such an offence; or

           (d)           in England and Wales or Northern Ireland, he was cautioned in respect

of such an offence.

     (2)    Subsection (1) does not apply if the notification period ended before the

commencement of this Part.

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     (3)    Subsection (1)(a) does not apply to a conviction before 1st September 1997

unless, at the beginning of that day, the person—

           (a)           had not been dealt with in respect of the offence;

           (b)           was serving a sentence of imprisonment or a term of service detention,

or was subject to a community order, in respect of the offence;

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           (c)           was subject to supervision, having been released from prison after

serving the whole or part of a sentence of imprisonment in respect of

the offence; or

           (d)           was detained in a hospital or was subject to a guardianship order,

following the conviction.

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     (4)    Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before

1st September 1997 unless, at the beginning of that day, the person—

           (a)           had not been dealt with in respect of the finding; or

           (b)           was detained in a hospital, following the finding.

     (5)    Subsection (1)(d) does not apply to a caution given before 1st September 1997.

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     (6)    A person who would have been within subsection (3)(b) or (d) or (4)(b) but for

the fact that at the beginning of 1st September 1997 he was unlawfully at large

or absent without leave, on temporary release or leave of absence, or on bail

pending an appeal, is to be treated as being within that provision.

     (7)    Where, immediately before the commencement of this Part, an order under a

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provision within subsection (8) was in force in respect of a person, the person

is subject to the notification requirements of this Part from that commencement

until the order is discharged or otherwise ceases to have effect.

     (8)    The provisions are—

           (a)           section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

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Sexual Offences Bill [HL]
Part 2 — Notification and orders

    39

 

           (b)           section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders

made in England and Wales);

           (c)           section 2A of the Crime and Disorder Act 1998 (interim orders made in

England and Wales);

           (d)           Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I.

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1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);

           (e)           Article 6A of the Criminal Justice (Northern Ireland) Order 1998

(interim orders made in Northern Ireland).

 84    The notification period

     (1)    The notification period for a person within section 82(1) or 83(1) is the period

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in the second column of the following Table opposite the description that

applies to him.

 

TABLE

 
 

Description of relevant offender

Notification period

 
 

A person who, in respect of the offence,

An indefinite period beginning with

 

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is or has been sentenced to

the relevant date

 
 

imprisonment for life or for a term of 30

  
 

months or more

  
 

A person who, in respect of the offence,

An indefinite period beginning with

 
 

has been made the subject of an order

that date

 

20

 

under section 210F(1) of the Criminal

  
 

Procedure (Scotland) Act 1995 (order

  
 

for lifelong restriction)

  
 

A person who, in respect of the offence

An indefinite period beginning with

 
 

or finding, is or has been admitted to a

that date

 

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hospital subject to a restriction order

  
 

A person who, in respect of the offence,

10 years beginning with that date

 
 

is or has been sentenced to

  
 

imprisonment for a term of more than 6

  
 

months but less than 30 months

  

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A person who, in respect of the offence,

7 years beginning with that date

 
 

is or has been sentenced to

  
 

imprisonment for a term of 6 months or

  
 

less

  
 

A person who, in respect of the offence

7 years beginning with that date

 

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or finding, is or has been admitted to a

  
 

hospital without being subject to a

  
 

restriction order

  
 

A person within section 82(1)(d)

2 years beginning with that date

 
 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

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TABLE

 
 

Description of relevant offender

Notification period

 
 

A person in whose case an order for

The period of conditional discharge or,

 
 

conditional discharge or, in Scotland, a

in Scotland, the probation period

 
 

probation order, is made in respect of

  

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the offence

  
 

A person of any other description

5 years beginning with the relevant

 
  

date

 
 

     (2)    Where a person is under 18 on the relevant date, subsection (1) has effect as if

for any reference to a period of 10 years, 7 years, 5 years or 2 years there were

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substituted a reference to one-half of that period.

     (3)    Subsection (4) applies where a relevant offender within section 82(1)(a) or

83(1)(a) is or has been sentenced, in respect of two or more offences listed in

Schedule 2

           (a)           to consecutive terms of imprisonment; or

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           (b)           to terms of imprisonment which are partly concurrent.

     (4)    Where this subsection applies, subsection (1) has effect as if the relevant

offender were or had been sentenced, in respect of each of the offences, to a

term of imprisonment which —

           (a)           in the case of consecutive terms, is equal to the aggregate of those terms;

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           (b)           in the case of partly concurrent terms (“X” and “Y”, which overlap for a

period “Z”), is equal to X plus Y minus Z.

     (5)    Where a relevant offender the subject of a finding within section 82(1)(c) or

83(1)(c) is subsequently tried for the offence, the notification period relating to

the finding ends at the conclusion of the trial.

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     (6)    In this Part, “relevant date” means—

           (a)           in the case of a person within section 82(1)(a) or 83(1)(a), the date of the

conviction;

           (b)           in the case of a person within section 82(1)(b) or (c) or 83(1)(b) or (c), the

date of the finding;

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           (c)           in the case of a person within section 82(1)(d) or 83(1)(d), the date of the

caution.

 85    Notification requirements: initial notification

     (1)    A relevant offender must, within the period of 3 days beginning with the

relevant date (or, if later, the commencement of this Part), notify to the police

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the information set out in subsection (5).

     (2)    Subsection (1) does not apply to a relevant offender in respect of a conviction,

finding or caution within section 82(1) if—

           (a)           immediately before the conviction, finding or caution, he was subject to

the notification requirements of this Part as a result of another

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conviction, finding or caution or an order of the court (“the earlier

event”),

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

    41

 

           (b)           at that time, he had made a notification under subsection (1) in respect

of the earlier event, and

           (c)           throughout the period referred to in subsection (1), he remains subject

to the notification requirements as a result of the earlier event.

     (3)    Subsection (1) does not apply to a relevant offender in respect of a conviction,

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finding or caution within section 83(1) if the offender complied with section

2(1) of the Sex Offenders Act 1997 (c. 51) in respect of the conviction, finding or

caution.

     (4)    Where a notification order is made in respect of a conviction, finding or

caution, subsection (1) does not apply to a relevant offender in respect of the

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conviction, finding or caution if—

           (a)           immediately before the order was made, he was subject to the

notification requirements of this Part as a result of another conviction,

finding or caution or an order of the court (“the earlier event”),

           (b)           at that time, he had made a notification under subsection (1) in respect

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of the earlier event, and

           (c)           throughout the period referred to in subsection (1), he remains subject

to the notification requirements as a result of the earlier event.

     (5)    The information is—

           (a)           the relevant offender’s date of birth;

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           (b)           his national insurance number;

           (c)           his name on the relevant date and, where he used one or more other

names on that date, each of those names;

           (d)           his home address on the relevant date;

           (e)           his name on the date on which notification is given and, where he uses

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one or more other names on that date, each of those names;

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

           (g)           the address of any other premises in the United Kingdom at which, at

the time the notification is given, he regularly resides or stays.

     (6)    When determining the period for the purpose of subsection (1), there is to be

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disregarded any time when the relevant offender is—

           (a)           remanded in or committed to custody by an 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.

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     (7)    In this Part, “home address” means, in relation to any person—

           (a)           the address of his sole or main residence in the United Kingdom, or

           (b)           where he has no such residence, the address or location of a place in the

United Kingdom where he can regularly be found and, if there is more

than one such place, such one of those places as the person may select.

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 86    Notification requirements: changes

     (1)    A relevant offender must, within the period of 3 days beginning with—

           (a)           his using a name which has not been notified to the police under section

85(1), this subsection, or section 2 of the Sex Offenders Act 1997,

           (b)           any change of his home address,

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Sexual Offences Bill [HL]
Part 2 — Notification and orders

    42

 

           (c)           his having resided or stayed, for a qualifying period, at any premises in

the United Kingdom the address of which has not been notified to the

police under section 85(1), this subsection, or section 2 of the Sex

Offenders Act 1997 (c. 51), or

           (d)           his release from custody pursuant to an order of the court or from

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imprisonment, service detention or detention in a hospital,

            notify to the police that name, the new home address, the address of those

premises or (as the case may be) the fact that he has been released, and (in

addition) the information set out in section 85(5).

     (2)    A notification under subsection (1) may be given before the name is used, the

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change of home address occurs or the qualifying period ends, but in that case

the relevant offender must also specify the date when the event is expected to

occur.

     (3)    If a notification is given in accordance with subsection (2) and the event to

which it relates occurs more than 2 days before the date specified, the

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notification does not affect the duty imposed by subsection (1).

     (4)    If a notification is given in accordance with subsection (2) and the event to

which it relates has not occurred by the end of the period of 3 days beginning

with the date specified—

           (a)           the notification does not affect the duty imposed by subsection (1), and

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           (b)           the relevant offender must, within the period of 6 days beginning with

the date specified, notify to the police the fact that the event did not

occur within the period of 3 days beginnging with the date specified.

     (5)    Section 85(6) applies to the determination of the period of 3 days mentioned in

subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it

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applies to the determination of the period mentioned in section 85(1).

     (6)    In this Part, “qualifying period” means—

           (a)           a period of 7 days, or

           (b)           two or more periods, in any period of 12 months, which taken together

amount to 7 days.

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 87    Notification requirements: periodic notification

     (1)    A relevant offender must notify to the police the information set out in section

85(5) within the period of one year after the last of the following events to have

occurred—

           (a)           the commencement of this Part;

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           (b)           any notification given under section 85(1);

           (c)           any notification given under section 86(1) and, if more than one such

notification has been given, the last such notification;

           (d)           any notification given under this subsection and, if more than one such

notification has been given, the last such notification.

40

     (2)    Where the period referred to in subsection (1) would (apart from this

subsection) end whilst subsection (3) applies to the relevant offender, that

period is to be treated as continuing until the end of the period of 3 days

beginning when subsection (3) first ceases to apply to him.

     (3)    This subsection applies to the relevant offender if he is—

45

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

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

    43

 

           (b)           serving a sentence of imprisonment or a term of service detention,

           (c)           detained in a hospital, or

           (d)           outside the United Kingdom.

 88    Notification requirements: travel outside the United Kingdom

     (1)    The Secretary of State may by regulations make provision requiring relevant

5

offenders who leave the United Kingdom, or any description of such

offenders—

           (a)           to give in accordance with the regulations, before they leave, a

notification under subsection (2);

           (b)           if they subsequently return to the United Kingdom, to give in

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accordance with the regulations a notification under subsection (3).

     (2)    A notification under this subsection must disclose—

           (a)           the date on which the offender will leave the United Kingdom;

           (b)           the country (or, if there is more than one, the first country) to which he

will travel and his point of arrival (determined in accordance with the

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regulations) in that country;

           (c)           any other information prescribed by the regulations which the offender

holds about his departure from or return to the United Kingdom or his

movements while outside the United Kingdom.

     (3)    A notification under this subsection must disclose any information prescribed

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by the regulations about the offenders’s return to the United Kingdom.

     (4)    Regulations under subsection (1) may make different provision for different

categories of person.

 89    Method of notification and related matters

     (1)    A person gives a notification under section 85(1), 86(1) or 87(1) by—

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           (a)           attending at such police station in his local police area as the Secretary

of State may by regulations prescribe or, if there is more than one, at

any of them, and

           (b)           giving an oral notification to any police officer, or to any person

authorised for the purpose by the officer in charge of the station.

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     (2)    A person giving a notification under section 86(1)—

           (a)           in relation to a prospective change of home address, or

           (b)           in relation to premises referred to in subsection (1)(c) of that section,

            may give the notification at a police station that would fall within subsection

(1) above if the change in home address had already occurred or (as the case

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may be) if the address of those premises were his home address.

     (3)    Any notification under this section must be acknowledged; and an

acknowledgment under this subsection must be in writing, and in such form

as the Secretary of State may direct.

     (4)    Where a notification is given under section 85(1), 86(1) or 87(1), the relevant

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offender must, if requested to do so by the police officer or person referred to

in subsection (1)(b), allow the officer or person to—

           (a)           take his fingerprints,

           (b)           photograph any part of him, or

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

    44

 

           (c)           do both these things.

     (5)    The power in subsection (4) is exercisable for the purpose of verifying the

identity of the relevant offender.

     (6)    Regulations under subsection (1) may make different provision for different

categories of person.

5

 90    Section 89: interpretation

     (1)    Subsections (2) to (4) apply for the purposes of section 89.

     (2)    “Photograph” includes any process by means of which an image may be

produced.

     (3)    “Local police area” means, in relation to a person—

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           (a)           the police area in which his 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 which last dealt with the person in a way

15

mentioned in subsection (4) is situated.

     (4)    The ways are—

           (a)           dealing with a person in respect of an offence listed in Schedule 2;

           (b)           dealing with a person in respect of an offence under section 115;

           (c)           making, in respect of a person, a notification order, interim notification

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order, sexual offences prevention order or interim sexual offences

prevention order.

     (5)    Subsection (3) applies as if Northern Ireland were a police area.

 91    Young offenders: parental directions

     (1)    Where a person within the first column of the following Table (“the young

25

offender”) is under 18 (or, in Scotland, 16) when he is before the court referred

to in the second column of the Table opposite the description that applies to

him, that court may direct that subsection (2) applies in respect of an individual

(“the parent”) having parental responsibility for (or, in Scotland, parental

responsibilities in relation to) the young offender.

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TABLE

 
 

Description of person

Court which may make the direction

 
 

A relevant offender within section

The court which deals with the offender

 
 

82(1)(a) to (c) or 83(1)(a) to (c)

in respect of the conviction or finding

 
 

A relevant offender within section

The court which deals with the offender

 

35

 

116(1)(a) to (c)

in respect of the conviction or finding

 
 

 

 
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