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90 Parental directions: variations, renewals and discharges | |
(1) A person within subsection (2) may apply to the appropriate court for an order | |
varying, renewing or discharging a direction under section 89(1). | |
(2) The persons are— | |
(a) the young offender; | 5 |
(b) the parent; | |
(c) the chief officer of police for the area in which the young offender | |
resides; | |
(d) a chief officer of police who believes that the young offender is in, or is | |
intending to come to, his police area; | 10 |
(e) in Scotland, where the appropriate court is a civil court— | |
(i) the chief constable of the police force within the area of which | |
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 | 15 |
and in any other case, the prosecutor; | |
(f) where the direction was made on an application under section 89(4), | |
the chief officer of police who made the application; | |
(g) where the direction was made on an application under section 89(5), | |
the chief constable who made the application. | 20 |
(3) An application under subsection (1) may be made— | |
(a) where the appropriate court is the Crown Court (or in Scotland a | |
criminal court), in accordance with rules of court; | |
(b) in any other case, by complaint (or, in Scotland, by summary | |
application). | 25 |
(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 | |
court considers appropriate. | |
(5) In this section, the “appropriate court” means— | 30 |
(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 89(1). | |
91 Offences relating to notification | |
(1) A person commits an offence if he— | |
(a) fails, without reasonable excuse, to comply with section 83(1), 84(1), | 35 |
84(4)(b), 85(1), 87(4) or 89(2)(b) or any requirement imposed by | |
regulations made under section 86(1); or | |
(b) notifies to the police, in purported compliance with section 83(1), 84(1) | |
or 85(1) or any requirement imposed by regulations made under | |
section 86(1), any information which he knows to be false. | 40 |
(2) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | |
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. | 45 |
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(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 83(1), | |
84(1) or 85(1) or a requirement imposed by regulations made under section | |
86(1), and continues to commit it throughout any period during which the | |
failure continues; but a person must not be prosecuted under subsection (1) | 5 |
more than once in respect of the same failure. | |
(4) Proceedings for an offence under this section may be commenced in any court | |
having jurisdiction in any place where the person charged with the offence | |
resides or is found. | |
92 Certificates for purposes of Part 2 | 10 |
(1) Subsection (2) applies where a person is— | |
(a) convicted of an offence listed in Schedule 3; | |
(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. | 15 |
(2) If the court by or before which the person is so convicted or found— | |
(a) states in open court— | |
(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 | 20 |
(ii) that the offence in question is an offence listed in Schedule 3, | |
and | |
(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. | 25 |
(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. | |
(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 listed in Schedule 3, and | 30 |
(b) certifies those facts, whether at the time or subsequently, in such form | |
as the Secretary of State may by order prescribe, | |
the certificate is, for the purposes of this Part, evidence (or, in Scotland, | |
sufficient evidence) of those facts. | |
93 Abolished homosexual offences | 35 |
Schedule 4 (procedure for ending notification requirements for abolished | |
homosexual offences) has effect. | |
Information for verification | |
94 Part 2: supply of information to Secretary of State etc. for verification | |
(1) This section applies to information notified to the police under— | 40 |
(a) section 83, 84 or 85, or | |
(b) section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51). | |
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(2) A person within subsection (3) may, for the purposes of the prevention, | |
detection, investigation or prosecution of offences under this Part, supply | |
information to which this section applies to— | |
(a) the Secretary of State, | |
(b) a Northern Ireland Department, or | 5 |
(c) a person providing services to the Secretary of State or a Northern | |
Ireland Department in connection with a relevant function, | |
for use for the purpose of verifying the information. | |
(3) The persons are— | |
(a) a chief officer of police (in Scotland, a chief constable), | 10 |
(b) the Police Information Technology Organisation, | |
(c) the Director General of the National Criminal Intelligence Service, | |
(d) the Director General of the National Crime Squad. | |
(4) In relation to information supplied under subsection (2) to any person, the | |
reference to verifying the information is a reference to— | 15 |
(a) checking its accuracy by comparing it with information held— | |
(i) where the person is the Secretary of State or a Northern Ireland | |
Department, by him or it in connection with the exercise of a | |
relevant function, or | |
(ii) where the person is within subsection (2)(c), by that person in | 20 |
connection with the provision of services referred to there, and | |
(b) compiling a report of that comparison. | |
(5) Subject to subsection (6), the supply of information under this section is to be | |
taken not to breach any restriction on the disclosure of information (however | |
arising or imposed). | 25 |
(6) This section does not authorise the doing of anything that contravenes the Data | |
Protection Act 1998 (c. 29). | |
(7) This section does not affect any power existing apart from this section to | |
supply information. | |
(8) In this section— | 30 |
“Northern Ireland Department” means the Department for Employment | |
and Learning, the Department of the Environment or the Department | |
for Social Development; | |
“relevant function” means— | |
(a) a function relating to social security, child support, | 35 |
employment or training, | |
(b) a function relating to passports, | |
(c) a function under Part 3 of the Road Traffic Act 1988 (c. 52) or | |
Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. | |
1981/154 (N.I. 1)). | 40 |
95 Part 2: supply of information by Secretary of State etc. | |
(1) A report compiled under section 94 may be supplied by— | |
(a) the Secretary of State, | |
(b) a Northern Ireland Department, or | |
(c) a person within section 94(2)(c), | 45 |
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to a person within subsection (2). | |
(2) The persons are— | |
(a) a chief officer of police (in Scotland, a chief constable), | |
(b) the Director General of the National Criminal Intelligence Service, | |
(c) the Director General of the National Crime Squad. | 5 |
(3) Such a report may contain any information held— | |
(a) by the Secretary of State or a Northern Ireland Department in | |
connection with the exercise of a relevant function, or | |
(b) by a person within section 94(2)(c) in connection with the provision of | |
services referred to there. | 10 |
(4) Where such a report contains information within subsection (3), the person | |
within subsection (2) to whom it is supplied— | |
(a) may retain the information, whether or not used for the purposes of the | |
prevention, detection, investigation or prosecution of an offence under | |
this Part, and | 15 |
(b) may use the information for any purpose related to the prevention, | |
detection, investigation or prosecution of offences (whether or not | |
under this Part), but for no other purpose. | |
(5) Subsections (5) to (8) of section 94 apply in relation to this section as they apply | |
in relation to section 94. | 20 |
Information about release or transfer | |
96 Information about release or transfer | |
(1) This section applies to a relevant offender who is serving a sentence of | |
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 | 25 |
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. | |
(3) The regulations may make provision for determining who is to be treated for | |
the purposes of this section as responsible for an offender. | 30 |
Notification orders | |
97 Notification orders: applications and grounds | |
(1) A chief officer of police may, by complaint to any magistrates’ court whose | |
commission area includes his police area, apply for an order under this section | |
(a “notification order”) in respect of a person (“the defendant”) if— | 35 |
(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 | |
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 | 40 |
Kingdom— | |
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(a) he has been convicted of a relevant offence (whether or not he has been | |
punished for it), | |
(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, | 5 |
(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 | |
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— | 10 |
(a) the first condition is met because of a conviction, finding or caution | |
which occurred on or after 1st September 1997, | |
(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 | 15 |
respect of it, or | |
(c) the first condition is met because of a conviction or finding which | |
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 | 20 |
any of those mentioned in section 81(3) (read with sections 81(6) and | |
131). | |
(4) The third condition is that the period set out in section 82 (as modified by | |
subsections (2) and (3) of section 98) in respect of the relevant offence has not | |
expired. | 25 |
(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 98, “relevant offence” has the meaning given by | |
section 99. | |
98 Notification orders: effect | 30 |
(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 | 35 |
may be) remains subject to the notification requirements of this Part for | |
the notification period set out in section 82. | |
(2) The “relevant date” means— | |
(a) in the case of a person within section 97(2)(a), the date of the conviction; | |
(b) in the case of a person within section 97(2)(b) or (c), the date of the | 40 |
finding; | |
(c) in the case of a person within section 97(2)(d), the date of the caution. | |
(3) In section 82— | |
(a) references, except in the Table, to a person (or relevant offender) within | |
any provision of section 80 are to be read as references to the defendant; | 45 |
(b) the reference in the Table to section 80(1)(d) is to be read as a reference | |
to section 97(2)(d); | |
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(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 | |
order was made; | |
(d) the reference to offences listed in Schedule 3 is to be read as a reference | 5 |
to relevant offences. | |
(4) In sections 83 and 85, references to the commencement of this Part are to be | |
read as references to the date of service of the notification order. | |
99 Sections 97 and 98: relevant offences | |
(1) “Relevant offence” in sections 97 and 98 means an act which— | 10 |
(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 | |
paragraph 60) 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 | 15 |
Kingdom constitutes an offence under that law for the purposes of subsection | |
(1) however it is described in that law. | |
(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— | 20 |
(a) stating that, on the facts as alleged with respect to the act concerned, the | |
condition is not in his opinion met, | |
(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 | 25 |
prove that the condition is met without service of a notice under subsection (3). | |
100 Interim notification orders | |
(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 | 30 |
order”)— | |
(a) may be made in the complaint containing the main application, or | |
(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. | 35 |
(3) The court may, if it considers it just to do so, make an interim notification order. | |
(4) Such an order— | |
(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. | 40 |
(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. | 5 |
101 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. | |
102 Appeals in relation to notification orders and interim notification orders: | |
Scotland | 10 |
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 | 15 |
vary or recall it, continue to have effect pending the disposal of the | |
appeal. | |
103 Sections 97 to 100: Scotland | |
(1) Sections 97 to 100 apply to Scotland with the following modifications— | |
(a) references to a chief officer of police and to his police area are to be read, | 20 |
respectively, as references to a chief constable and to the area of his | |
police force; | |
(b) references to the defendant are to be read as references to the person in | |
respect of whom the order is sought or has effect; | |
(c) an application for a notification order or interim notification order is | 25 |
made by summary application to any sheriff within whose sheriffdom | |
lies any part of the area of the applicant’s police force (references to “the | |
court” being construed accordingly). | |
(2) A record of evidence shall be kept on any summary application made by virtue | |
of subsection (1)(c) above. | 30 |
(3) The clerk of the court by which, by virtue of that subsection, a notification | |
order or interim notification order is made, varied, renewed or discharged | |
shall cause a copy of, as the case may be— | |
(a) the order as so made, varied or renewed; or | |
(b) the interlocutor by which discharge is effected, | 35 |
to be given to the person named in the order or sent to him by registered post | |
or by the recorded delivery service (an acknowledgement or certificate of | |
delivery of a copy so sent, issued by the Post Office, being sufficient evidence | |
of the delivery of the copy on the day specified in the acknowledgement or | |
certificate). | 40 |
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