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Sexual Offences Bill [HL]


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

    45

 
 

TABLE

 
 

Description of person

Court which may make the direction

 
 

A person who is the subject of a

The court which makes the order

 
 

notification order or interim notification

  
 

order or (except in Scotland) a sexual

  

5

 

offences prevention order or interim

  
 

sexual offences prevention order

  
 

A relevant offender who is the

The court which hears the application

 
 

defendant to an application under

  
 

subsection (4) (or, in Scotland, the

  

10

 

subject of an application under

  
 

subsecton (5))

  
 

     (2)    Where this subsection applies—

           (a)           the obligations that would (apart from this subsection) be imposed by

or under sections 85 to 88 on the young offender are to be treated

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instead as obligations on the parent, and

           (b)           the parent must ensure that the young offender attends at the police

station with him, when a notification is being given.

     (3)    A direction under subsection (1) takes immediate effect and applies—

           (a)           until the young offender attains the age of 18 (or, where a court in

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Scotland gives the direction, 16); or

           (b)           for such shorter period as the court may, at the time the direction is

given, direct.

     (4)    A chief officer of police who believes that a relevant offender—

           (a)           is under 18, and

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           (b)           is in, or is intending to come to, his police area,

            may, by complaint to any magistrates’ court whose commission area includes

any part of his police area, apply for a direction under subsection (1) in respect

of the offender (“the defendant”).

     (5)    In Scotland, a chief constable who believes that a relevant offender—

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           (a)           is under 16, and

           (b)           is in, or is intending to come to, the area of his police force,

            may, by summary application to any sheriff within whose sheriffdom lies any

part of that area, apply for a direction under subsection (1) in respect of the

offender (“the subject”).

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 92    Parental directions: variations, renewals and discharges

     (1)    A person within subsection (2) may apply to the appropriate court for an order

varying, renewing or discharging a direction under section 91(1).

     (2)    The persons are—

           (a)           the young offender;

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           (b)           the parent;

           (c)           a chief officer of police who believes that the young offender is in, or is

intending to come to, his police area;

 

 

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

    46

 

           (d)           in Scotland, a chief constable who believes that the young offender is in,

or is intending to come to, the area of his police force;

           (e)           where the direction was made on an application under section 91(4),

the chief officer of police who made the application;

           (f)           where the direction was made on an application under section 91(5),

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the chief constable who made the application.

     (3)    An application under subsection (1) may be made—

           (a)           where the appropriate court is the Crown Court, in accordance with

rules of court;

           (b)           in any other case, by complaint (or, in Scotland, by summary

10

application).

     (4)    On the application the court, after hearing the person making the application

and (if they wish to be heard) the other persons mentioned in subsection (2),

may make any order, varying, renewing or discharging the direction, that the

court considers appropriate.

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     (5)    In this section, the “appropriate court” means—

           (a)           where the Court of Appeal made the order, the Crown Court;

           (b)           in any other case, the court that made the direction under section 91(1).

 93    Offences relating to notification

     (1)    A person commits an offence if he—

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           (a)           fails, without reasonable excuse, to comply with section 85(1), 86(1),

86(4)(b), 87(1), 89(4) or 91(2)(b) or any requirement imposed by

regulations made under section 88(1); or

           (b)           notifies to the police, in purported compliance with section 85(1), 86(1)

or 87(1), or with any requirement imposed by regulations made under

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section 88(1), any information which he 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 6

months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

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5 years.

     (3)    A person commits an offence under paragraph (a) of subsection (1) on the day

on which he first fails, without reasonable excuse, to comply with section 85(1),

86(1) or 87(1), or a requirement imposed by regulations made under section

88(1), and continues to commit it throughout any period during which the

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failure continues; but a person must not be prosecuted under subsection (1)

more than once in respect of the same failure.

     (4)    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.

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 94    Certificates for purposes of Part 2

     (1)    Subsection (2) applies where a person is—

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

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

 

 

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

    47

 

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

him in respect of such an offence.

     (2)    If the court by or before which the person is so convicted or found—

           (a)           states in open court—

                  (i)                 that on that date he has been convicted, found not guilty by

5

reason of insanity or found to be under a disability and to have

done the act charged against him, and

                  (ii)                that the offence in question is an offence to which this Part

applies, and

           (b)           certifies those facts, whether at the time or subsequently,

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            the certificate is, for the purposes of this Part, evidence (or, in Scotland,

sufficient evidence) of those facts.

     (3)    Subsection (4) applies where a person is, in England and Wales or Northern

Ireland, cautioned in respect of an offence listed in Schedule 2.

     (4)    If the constable—

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           (a)           informs the person that he has been cautioned on that date and that the

offence in question is an offence to which this Part applies, and

           (b)           certifies those facts, whether at the time or subsequently, in such form

as the Secretary of State may by order prescribe,

            the certificate is, for the purposes of this Part, evidence (or, in Scotland,

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sufficient evidence) of those facts.

Information about release or transfer

 95    Information about release or transfer

     (1)    This section applies to a relevant offender who is serving a sentence of

imprisonment or a term of service detention, or is detained in a hospital.

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     (2)    The Secretary of State may by regulations make provision requiring notice to

be given by the person who is responsible for that offender to persons

prescribed by the regulations, of any occasion when the offender is released or

a different person becomes responsible for him.

     (3)    The regulations may make provision for determining who is to be treated for

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the purposes of this section as responsible for an offender.

Notification orders

 96    Notification orders: applications and grounds

     (1)    A chief officer of police may, by complaint to any magistrates’ court whose

commission area includes his police area, apply for an order under this section

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(a “notification order”) in respect of a person (“the defendant”) if—

           (a)           it appears to him that the following three conditions are met with

respect to the defendant, and

           (b)           he believes that the defendant is in, or is intending to come to, his police

area.

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     (2)    The first condition is that under the law in force in a country outside the United

Kingdom—

 

 

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

    48

 

           (a)           he has been convicted of a relevant offence (whether or not he has been

punished for it),

           (b)           a court exercising jurisdiction under that law has made in respect of a

relevant offence a finding corresponding to one in respect of an offence

listed in Schedule 2 that he is not guilty by reason of insanity,

5

           (c)           such a court has made in respect of a relevant offence a finding

corresponding to one in respect of an offence listed in Schedule 2 that

he is under a disability and did the act charged against him in respect

of the offence, or

           (d)           he has been cautioned for a relevant offence.

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     (3)    The second condition is that—

           (a)           the first condition is met because of a conviction, finding or caution

which occurred on or after 1st September 1997,

           (b)           the first condition is met because of a conviction or finding which

occurred before that date, but the person was dealt with in respect of

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the offence or finding on or after that date, or has yet to be dealt with in

respect of it, or

           (c)           the first condition is met because of a conviction or finding which

occurred before that date, but on that date the person was, in respect of

the offence or finding, subject under the law in force in the country

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concerned to detention, supervision or any other disposal

corresponding to any of those mentioned in section 83(3) (read with

sections 83(6) and 118).

     (4)    The third condition is that the period set out in section 84 (as modified by

subsections (2) and (3) of section 97) in respect of the relevant offence has not

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expired.

     (5)    If on the application it is proved that the conditions in subsections (2) to (4) are

met, the court must make a notification order.

     (6)    In this section and section 97, “relevant offence” has the meaning given by

section 98.

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 97    Notification orders: effect

     (1)    Where a notification order is made—

           (a)           the application of this Part to the defendant in respect of the conviction,

finding or caution to which the order relates is subject to the

modifications set out below, and

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           (b)           subject to those modifications, the defendant becomes or (as the case

may be) remains subject to the notification requirements of this Part for

the notification period set out in section 84.

     (2)    The “relevant date” means—

           (a)           in the case of a person within section 96(2)(a), the date of the conviction;

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           (b)           in the case of a person within section 96(2)(b) or (c), the date of the

finding;

           (c)           in the case of a person within section 96(2)(d), the date of the caution.

     (3)    In section 84

           (a)           references, except in the Table, to a person (or relevant offender) within

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any provision of section 82 are to be read as references to the defendant;

 

 

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

    49

 

           (b)           the reference in the Table to section 82(1)(d) is to be read as a reference

to section 96(2)(d);

           (c)           references to an order of any description are to be read as references to

any corresponding disposal made in relation to the defendant in

respect of an offence or finding by reference to which the notification

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order was made;

           (d)           the reference to offences listed in Schedule 2 is to be read as a reference

to relevant offences.

     (4)    In sections 85 and 87, references to the commencement of this Part are to be

read as references to the date of service of the notification order.

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 98    Sections 96 and 97: relevant offences

     (1)    “Relevant offence” in sections 96 and 97 means an act which—

           (a)           constituted an offence under the law in force in the country concerned,

and

           (b)           would have constituted an offence listed in Schedule 2 if it had been

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done in any part of the United Kingdom.

     (2)    An act punishable under the law in force in a country outside the United

Kingdom constitutes an offence under that law for the purposes of subsection

(1) however it is described in that law.

     (3)    Subject to subsection (4), on an application for a notification order the

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condition in subsection (1)(b) is taken as having been met unless, not later than

rules of court may provide, the defendant serves on the applicant a notice—

           (a)           stating that, on the facts as alleged with respect to the act concerned, the

condition is not in his opinion met,

           (b)           showing his grounds for that opinion, and

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           (c)           requiring the applicant to prove that the condition is met.

     (4)    The court, if it thinks fit, may permit the defendant to require the applicant to

prove that the condition is met without service of a notice under subsection (3).

 99    Interim notification orders

     (1)    This section applies where an application for a notification order (“the main

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application”) has not been determined.

     (2)    An application for an order under this section (“an interim notification

order”)—

           (a)           may be made in the complaint containing the main application, or

           (b)           if the main application has been made, may be made by the person who

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has made that application, by complaint to the court to which that

application has been made.

     (3)    The court may, if it considers it just to do so, make an interim notification order.

     (4)    Such an order—

           (a)           has effect only for a fixed period, specified in the order;

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           (b)           ceases to have effect, if it has not already done so, on the determination

of the main application.

     (5)    While such an order has effect—

 

 

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

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           (a)           the defendant is subject to the notification requirements of this Part;

           (b)           this Part applies to the defendant, subject to the modification set out in

subsection (6).

     (6)    The “relevant date” means the date of service of the order.

     (7)    The applicant or the defendant may by complaint apply to the court that made

5

the interim notification order for the order to be varied, renewed or discharged.

 100   Notification orders and interim notification orders: appeals

            A defendant may appeal to the Crown Court against the making of a

notification order or an interim notification order.

 101   Appeals: Scotland

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In Scotland—

           (a)           an interlocutor granting or refusing a notification order or interim

notification order is an appealable interlocutor; and

           (b)           where an appeal is taken against an interlocutor so granting such an

order the order shall, without prejudice to any power of the court to

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vary or recall it, continue to have effect pending the disposal of the

appeal.

 102   Sections 96 to 99 : Scotland

     (1)    Sections 96 to 99 apply to Scotland with the following modifications—

           (a)           references to a chief officer of police and to his police area are to be read,

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respectively, as references to a chief constable and to the area of his

police force;

           (b)           references to the defendant are to be read as references to the person in

respect of whom the order is sought or has effect;

           (c)           an application for a notification order or interim notification order is

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made by summary application to any sheriff within whose sheriffdom

lies any part of the area of the applicant’s police force (references to “the

court” being construed accordingly).

     (2)    A record of evidence shall be kept on any summary application made by virtue

of subsection (1)(c) above.

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     (3)    The clerk of the court by which, by virtue of that subsection, a notification

order or interim notification is made, varied, renewed or discharged shall

cause a copy of, as the case may be—

           (a)           the order as so made, varied or renewed; or

           (b)           the interlocutor by which discharge is effected,

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            to be given to the person named in the order or sent to him by registered post

or by the recorded delivery service (an acknowledgement or certificate of

delivery of a copy so sent, issued by the Person Office, being sufficient

evidence of the delivery of the copy on the day specified in the

acknowledgement or certificate).

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