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(c) in the case of a person within section 80(1)(d) or 81(1)(d), the date of the | |
caution. | |
83 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 | 5 |
the information set out in subsection (5). | |
(2) Subsection (1) does not apply to a relevant offender in respect of a conviction, | |
finding or caution within section 80(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 | 10 |
conviction, finding or caution or an order of the court (“the earlier | |
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 | 15 |
to the notification requirements as a result of the earlier event. | |
(3) Subsection (1) does not apply to a relevant offender in respect of a conviction, | |
finding or caution within section 81(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. | 20 |
(4) Where a notification order is made in respect of a conviction, finding or | |
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, | 25 |
finding or caution or an order of the court (“the earlier 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 |
(5) The information is— | |
(a) the relevant offender’s date of birth; | |
(b) his national insurance number; | |
(c) his name on the relevant date and, where he used one or more other | |
names on that date, each of those names; | 35 |
(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; | |
(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 | 40 |
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— | |
(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; | 45 |
(c) detained in a hospital; or | |
(d) outside the United Kingdom. | |
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(7) In this Part, “home address” means, in relation to any person— | |
(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. | 5 |
84 Notification requirements: changes | |
(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 | |
83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51), | |
(b) any change of his home address, | 10 |
(c) his having resided or stayed, for a qualifying period, at any premises in | |
the United Kingdom the address of which has not been notified to the | |
police under section 83(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 | 15 |
imprisonment, service detention or detention in a hospital, | |
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 83(5). | |
(2) A notification under subsection (1) may be given before the name is used, the | 20 |
change of home address occurs or the qualifying period ends, but in that case | |
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 | 25 |
notification does not affect the duty imposed by subsection (1). | |
(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 | 30 |
(b) the relevant offender must, within the period of 6 days beginning with | |
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. | |
(5) Section 83(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 | 35 |
applies to the determination of the period mentioned in section 83(1). | |
(6) In this Part, “qualifying period” means— | |
(a) a period of 7 days, or | |
(b) two or more periods, in any period of 12 months, which taken together | |
amount to 7 days. | 40 |
85 Notification requirements: periodic notification | |
(1) A relevant offender must notify to the police the information set out in section | |
83(5) within the period of one year after the last of the following events to have | |
occurred— | |
(a) the commencement of this Part; | 45 |
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(b) any notification given under section 83(1); | |
(c) any notification given under section 84(1) and, if more than one such | |
notification has been given, the last such notification; | |
(d) any notification given under this subsection and, if more than one such | |
notification has been given, the last such notification. | 5 |
(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 | |
beginning when subsection (3) first ceases to apply to him. | |
(3) This subsection applies to the relevant offender if he 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. | |
86 Notification requirements: travel outside the United Kingdom | 15 |
(1) The Secretary of State may by regulations make provision requiring relevant | |
offenders who leave the United Kingdom, or any description of such | |
offenders— | |
(a) to give in accordance with the regulations, before they leave, a | |
notification under subsection (2); | 20 |
(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— | |
(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 | 25 |
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 | |
holds about his departure from or return to the United Kingdom or his | |
movements while outside the United Kingdom. | 30 |
(3) A notification under this subsection must disclose any information prescribed | |
by the regulations about the offender’s return to the United Kingdom. | |
(4) Regulations under subsection (1) may make different provision for different | |
categories of person. | |
87 Method of notification and related matters | 35 |
(1) A person gives a notification under section 83(1), 84(1) or 85(1) by— | |
(a) attending at such police station in his local police area as the Secretary | |
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 | 40 |
authorised for the purpose by the officer in charge of the station. | |
(2) A person giving a notification under section 84(1)— | |
(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, | |
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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. | |
(3) Any notification under this section must be acknowledged; and an | |
acknowledgment under this subsection must be in writing, and in such form | 5 |
as the Secretary of State may direct. | |
(4) Where a notification is given under section 83(1), 84(1) or 85(1), the relevant | |
offender must, if requested to do so by the police officer or person referred to | |
in subsection (1)(b), allow the officer or person to— | |
(a) take his fingerprints, | 10 |
(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 | |
identity of the relevant offender. | |
(6) Regulations under subsection (1) may make different provision for different | 15 |
categories of person. | |
88 Section 87: interpretation | |
(1) Subsections (2) to (4) apply for the purposes of section 87. | |
(2) “Photograph” includes any process by means of which an image may be | |
produced. | 20 |
(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 | |
address last notified is situated; | |
(c) in the absence of a home address and of any such notification, the police | 25 |
area in which the court which last dealt with the person in a way | |
mentioned in subsection (4) is situated. | |
(4) The ways are— | |
(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 128; | 30 |
(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 | 35 |
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. | |
89 Young offenders: parental directions | 40 |
(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 | |
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(“the parent”) having parental responsibility for (or, in Scotland, parental | |
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 | | 5 | | | 80(1)(a) to (c) or 81(1)(a) to (c) | in respect of the conviction or finding | | | | | A relevant offender within section | The court which deals with the offender | | | | | 129(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 | | | 10 | | | order, sexual 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 | | | 15 | | | subsection (4) (or, in Scotland, the | | | | | | 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 | 20 |
or under sections 83 to 86 on the young offender are to be treated | |
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— | 25 |
(a) until the young offender attains the age of 18 (or, where a court in | |
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 may, by complaint to any magistrates’ court whose | 30 |
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 | |
(b) who the chief officer believes is under 18. | 35 |
(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”)— | |
(a) who resides in that area, or who the chief constable believes is in or is | 40 |
intending to come to that area, and | |
(b) who the chief constable believes is under 16. | |
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