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| | TABLE | | | | | Description of relevant offender | Notification period | | | | | A person who, in respect of the offence, | An indefinite period beginning with | | | | | is or has been sentenced to | the relevant date | | | | | imprisonment for life or for a term of 30 | | | 5 | | | 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 | | | | | under section 210F(1) of the Criminal | | | | | | Procedure (Scotland) Act 1995 (order | | | 10 | | | 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 | | | | | hospital subject to a restriction order | | | | | | A person who, in respect of the offence, | 10 years beginning with that date | | 15 | | | is or has been sentenced to | | | | | | imprisonment for a term of more than 6 | | | | | | months but less than 30 months | | | | | | A person who, in respect of the offence, | 7 years beginning with that date | | | | | is or has been sentenced to | | | 20 | | | imprisonment for a term of 6 months or | | | | | | less | | | | | | A person who, in respect of the offence | 7 years beginning with that date | | | | | or finding, is or has been admitted to a | | | | | | hospital without being subject to a | | | 25 | | | restriction order | | | | | | A person within section 81(1)(d) | 2 years beginning with that date | | | | | 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 | | | 30 | | | the offence | | | | | | A person of any other description | 5 years beginning with the relevant | | | | | | date | | |
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(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 | 35 |
substituted a reference to one-half of that period. | |
(3) Subsection (4) applies where a relevant offender within section 81(1)(a) or | |
82(1)(a) is or has been sentenced, in respect of two or more offences listed in | |
Schedule 3— | |
(a) to consecutive terms of imprisonment; or | 40 |
(b) to terms of imprisonment which are partly concurrent. | |
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(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; | |
(b) in the case of partly concurrent terms (X and Y, which overlap for a | 5 |
period Z), is equal to X plus Y minus Z. | |
(5) Where a relevant offender the subject of a finding within section 81(1)(c) or | |
82(1)(c) is subsequently tried for the offence, the notification period relating to | |
the finding ends at the conclusion of the trial. | |
(6) In this Part, “relevant date” means— | 10 |
(a) in the case of a person within section 81(1)(a) or 82(1)(a), the date of the | |
conviction; | |
(b) in the case of a person within section 81(1)(b) or (c) or 82(1)(b) or (c), the | |
date of the finding; | |
(c) in the case of a person within section 81(1)(d) or 82(1)(d), the date of the | 15 |
caution. | |
84 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 | |
the information set out in subsection (5). | 20 |
(2) Subsection (1) does not apply to a relevant offender in respect of a conviction, | |
finding or caution within section 81(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 | |
conviction, finding or caution or an order of the court (“the earlier | 25 |
event”), | |
(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. | 30 |
(3) Subsection (1) does not apply to a relevant offender in respect of a conviction, | |
finding or caution within section 82(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 | 35 |
caution, subsection (1) does not apply to the relevant offender in respect of the | |
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”), | 40 |
(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. | |
(5) The information is— | 45 |
(a) the relevant offender’s date of birth; | |
(b) his national insurance number; | |
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(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; | 5 |
(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— | 10 |
(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— | 15 |
(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 | 20 |
(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 | 25 |
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, | 30 |
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 | 35 |
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). | 40 |
(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 | 45 |
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. | |
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(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 | 5 |
(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 | 10 |
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; | 15 |
(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 | 20 |
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 | 25 |
(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— | 30 |
(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— | 35 |
(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 | 40 |
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. | |
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(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)— | 10 |
(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. | 15 |
(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 | 20 |
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 | 25 |
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. | 30 |
(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 | 35 |
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— | 40 |
(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; | |
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(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 | 5 |
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 | 10 |
(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 | 15 |
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 | | 20 | | | 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 | | | 25 | | | 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 | | | 30 | | | subject of an application under | | | | | | subsection (5)) | | | |
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(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 | 35 |
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 | 40 |
Scotland gives the direction, 16); or | |
(b) for such shorter period as the court may, at the time the direction is | |
given, direct. | |
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(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 | 5 |
(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”)— | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
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; | 30 |
(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; | 35 |
(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 | 40 |
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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