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Sexual Offences Bill [HL]


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

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 92    Offences relating to notification

     (1)    A person commits an offence if he—

           (a)           fails, without reasonable excuse, to comply with section 84(1), 85(1),

85(4)(b), 86(1), 88(4) or 90(2)(b) or any requirement imposed by

regulations made under section 87(1); or

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           (b)           notifies to the police, in purported compliance with section 84(1), 85(1)

or 86(1), or with any requirement imposed by regulations made under

section 87(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

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

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

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 84(1),

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85(1) or 86(1), or a requirement imposed by regulations made under section

87(1), and continues to commit it throughout any period during which the

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

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having jurisdiction in any place where the person charged with the offence

resides or is found.

 93    Certificates for purposes of Part 2

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

           (a)           convicted of an offence listed in Schedule 3;

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

           (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—

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

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

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

            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 3.

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     (4)    If the constable—

           (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,

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

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

sufficient evidence) of those facts.

Information about release or transfer

 94    Information about release or transfer

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

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

     (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.

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

the purposes of this section as responsible for an offender.

Notification orders

 95    Notification orders: applications and grounds

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

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

(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)           the defendant resides in his police area or the chief officer believes that

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the defendant is in, or is intending to come to, his police area.

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

Kingdom—

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

punished for it),

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

relevant offence a finding equivalent to a finding that he is not guilty by

reason of insanity,

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

equivalent to a finding that he is under a disability and did the act

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charged against him in respect of the offence, or

           (d)           he has been cautioned in respect of a relevant offence.

     (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,

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           (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

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

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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

concerned to detention, supervision or any other disposal equivalent to

 

 

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

    48

 

any of those mentioned in section 82(3) (read with sections 82(6) and

129).

     (4)    The third condition is that the period set out in section 83 (as modified by

subsections (2) and (3) of section 96) in respect of the relevant offence has not

expired.

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     (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 96, “relevant offence” has the meaning given by

section 97.

 96    Notification orders: effect

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     (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

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

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

the notification period set out in section 83.

     (2)    The “relevant date” means—

           (a)           in the case of a person within section 95(2)(a), the date of the conviction;

           (b)           in the case of a person within section 95(2)(b) or (c), the date of the

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finding;

           (c)           in the case of a person within section 95(2)(d), the date of the caution.

     (3)    In section 83

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

any provision of section 81 are to be read as references to the defendant;

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           (b)           the reference in the Table to section 81(1)(d) is to be read as a reference

to section 95(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 3 is to be read as a reference

to relevant offences.

     (4)    In sections 84 and 86, 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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 97    Sections 95 and 96: relevant offences

     (1)    “Relevant offence” in sections 95 and 96 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 3 (other than at

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paragraph 57) if it had been 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.

 

 

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

    49

 

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

condition in subsection (1)(b) is to be taken as 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,

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           (b)           showing his grounds for that opinion, and

           (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).

 98    Interim notification orders

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

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

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

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—

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

           (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—

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

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           (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

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

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 99    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.

 100   Appeals in relation to notification orders and interim notification orders:

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.

 

 

 
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