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Sexual Offences Bill [HL]


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

    41

 

           (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

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

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           (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

disregarded any time when the relevant offender is—

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           (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.

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

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           (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.

 85    Notification requirements: changes

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     (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

84(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

           (b)           any change of his home address,

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

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

police under section 84(1), this subsection, or section 2 of the Sex

Offenders Act 1997, or

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

imprisonment, service detention or detention in a hospital,

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            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 84(5).

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

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

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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

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

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     (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

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

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

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

 

 

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

    42

 

     (5)    Section 84(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

applies to the determination of the period mentioned in section 84(1).

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

           (a)           a period of 7 days, or

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

amount to 7 days.

 86    Notification requirements: periodic notification

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

84(5) within the period of one year after the last of the following events to have

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occurred—

           (a)           the commencement of this Part;

           (b)           any notification given under section 84(1);

           (c)           any notification given under section 85(1) and, if more than one such

notification has been given, the last such notification;

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

notification has been given, the last such notification.

     (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

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

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

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           (d)           outside the United Kingdom.

 87    Notification requirements: travel outside the United Kingdom

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

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

offenders—

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           (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

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

     (2)    A notification under this subsection must disclose—

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           (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

regulations) in that country;

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

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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

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

 

 

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

    43

 

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

categories of person.

 88    Method of notification and related matters

     (1)    A person gives a notification under section 84(1), 85(1) or 86(1) by—

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

5

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.

     (2)    A person giving a notification under section 85(1)—

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           (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

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

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     (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 84(1), 85(1) or 86(1), the relevant

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

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

           (a)           take his fingerprints,

           (b)           photograph any part of him, or

           (c)           do both these things.

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

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identity of the relevant offender.

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

categories of person.

 89    Section 88: interpretation

     (1)    Subsections (2) to (4) apply for the purposes of section 88.

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

produced.

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

           (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

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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

mentioned in subsection (4) is situated.

     (4)    The ways are—

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           (a)           dealing with a person in respect of an offence listed in Schedule 3;

           (b)           dealing with a person in respect of an offence under section 126;

 

 

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

    44

 

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

order, sexual offences prevention order or interim sexual offences

prevention order;

           (d)           making, in respect of a person, an order under section 2, 2A or 20 of the

Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim

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orders made in England and Wales or Scotland) or Article 6 or 6A of the

Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I.

20)) (sex offender orders and interim orders made in Northern Ireland).

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

 90    Young offenders: parental directions

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

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

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responsibilities in relation to) the young offender.

 

TABLE

 
 

Description of person

Court which may make the direction

 
 

A relevant offender within section

The court which deals with the offender

 
 

81(1)(a) to (c) or 82(1)(a) to (c)

in respect of the conviction or finding

 

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A relevant offender within section

The court which deals with the offender

 
 

127(1)(a) to (c)

in respect of the conviction or finding

 
 

A person who is the subject of a

The court which makes the order

 
 

notification order, interim notification

  
 

order, sexual offences prevention order

  

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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

  

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subject of an application under

  
 

subsection (5))

  

     (2)    Where this subsection applies—

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

or under sections 84 to 87 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.

 

 

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

    45

 

     (4)    A chief officer of police 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 a relevant offender (“the defendant”)—

           (a)                         who resides in his police area, or who the chief officer believes is in or

is intending to come to his police area, and

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           (b)                         who the chief officer believes is under 18.

     (5)    In Scotland, a chief constable may, by summary application to any sheriff

within whose sheriffdom lies any part of the area of his police force, apply for

a direction under subsection (1) in respect of a relevant offender (“the

subject”)—

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           (a)                         who resides in that area, or who the chief constable believes is in or is

intending to come to that area, and

           (b)           who the chief constable believes is under 16.

 91    Parental directions: variations, renewals and discharges

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

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varying, renewing or discharging a direction under section 90(1).

     (2)    The persons are—

           (a)           the young offender;

           (b)           the parent;

           (c)                         the chief officer of police for the area in which the young offender

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resides;

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

intending to come to, his police area;

           (e)           in Scotland—

                  (i)                                     the chief constable of the police force within the area of which

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the young offender resides;

                  (ii)                a chief constable who believes that the young offender is in, or

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

           (f)           where the direction was made on an application under section 90(4),

the chief officer of police who made the application;

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           (g)           where the direction was made on an application under section 90(5),

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;

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

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

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court considers appropriate.

     (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 90(1).

 

 

 
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Revised 11 June 2003