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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 | 5 |
(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 | 10 |
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), | 15 |
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 | 20 |
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; | 25 |
(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— | 30 |
(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 | 35 |
(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. | 40 |
(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, | 45 |
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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 | 5 |
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. | 10 |
(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 | 15 |
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 | 20 |
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), | 25 |
(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 | 30 |
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, | 35 |
(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 | 40 |
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 | |
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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. | 5 |
(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 | 10 |
(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 | 15 |
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 | 20 |
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; | 25 |
(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 | 30 |
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. | 35 |
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 | 40 |
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. | |
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(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, | 5 |
(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 | 10 |
(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 | 15 |
(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— | 20 |
(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; | 25 |
(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. | 30 |
99 Notification orders and interim notification orders: appeals | |
A defendant may appeal to the Crown Court against the making of a | |
notification order or interim notification order. | |
100 Appeals in relation to notification orders and interim notification orders: | |
Scotland | 35 |
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 | 40 |
vary or recall it, continue to have effect pending the disposal of the | |
appeal. | |
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