Criminal Justice and Immigration Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders
61

(a)
a violent offender order, or
(b)
an interim violent offender order,

has been made may appeal to the Crown Court against the making of the order.
(2)
Such a person may also appeal to the Crown Court against—
(a)
the making of an order under section 87, or
5
(b)
any refusal to make such an order.
(3)
On an appeal under this section, the Crown Court—
(a)
may make such orders as may be necessary to give effect to its
determination of the appeal; and
(b)
may also make such incidental or consequential orders as appear to it
10
to be just.
(4)
For the purposes of section 87(3) an order made by the Crown Court on an
appeal made by virtue of subsection (1) or (2) is to be treated as if made by the
court from which the appeal was brought.
Notification requirements
15
90
Offenders subject to notification requirements
(1)
References in this Part to an offender subject to notification requirements are
references to an offender who is for the time being subject to—
(a)
a violent offender order, or
(b)
an interim violent offender order,
20

which is in force under this Part.
(2)
Subsection (1) has effect subject to section 93(5) (which excludes from section
93 an offender subject to an interim violent offender order).
91
Notification requirements: initial notification
(1)
An offender subject to notification requirements must notify the required
25
information to the police within the period of 3 days beginning with the date
on which—
(a)
the violent offender order, or
(b)
the interim violent offender order,

comes into force in relation to the offender (“the relevant date”).
30
(2)
The “required information” is the following information about the offender—
(a)
date of birth;
(b)
national insurance number;
(c)
name on the relevant date or, if the offender used two or more names
on that date, each of those names;
35
(d)
home address on the relevant date;
(e)
name on the date on which the notification is given or, if the offender
used two or more names on that date, each of those names;
(f)
home address on the date on which the notification is given;
(g)
the address of any other premises in the United Kingdom at which on
40
that date the offender regularly resides or stays.

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders
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(3)
When determining the period of 3 days mentioned in subsection (1), there is to
be disregarded any time when the 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;
(c)
detained in a hospital; or
5
(d)
outside the United Kingdom.
(4)
In this Part “home address” means in relation to the offender—
(a)
the address of the offender’s sole or main residence in the United
Kingdom, or
(b)
if the offender has no such residence, the address or location of a place
10
in the United Kingdom where the offender can regularly be found or, if
there is more than one such place, such one of them as the offender
selects.
92
Notification requirements: changes
(1)
An offender subject to notification requirements must notify to the police—
15
(a)
the required new information, and
(b)
the information mentioned in section 91(2),

within the period of 3 days beginning with the date on which any notifiable
event occurs.
(2)
A “notifiable event” means—
20
(a)
the use by the offender of a name which has not been notified to the
police under section 91 or this section;
(b)
any change of the offender’s home address;
(c)
the expiry of any qualifying period during which the offender has
resided or stayed at any premises in the United Kingdom the address
25
of which has not been notified to the police under section 91 or this
section, or
(d)
the release of the offender from custody pursuant to an order of a court
or from imprisonment, service detention or detention in a hospital.
(3)
The “required new information” is—
30
(a)
the name referred to in subsection (2)(a),
(b)
the new home address (see subsection (2)(b)),
(c)
the address of the premises referred to in subsection (2)(c), or
(d)
the fact that the offender has been released as mentioned in subsection
(2)(d),
35

as the case may be.
(4)
A notification under subsection (1) may be given before the notifiable event
occurs, but in that case the offender must also specify the date when the event
is expected to occur.
(5)
If a notification is given in accordance with subsection (4) and the event to
40
which it relates occurs more than 2 days before the date specified, the
notification does not affect the duty imposed by subsection (1).
(6)
If a notification is given in accordance with subsection (4) and the event to
which it relates has not occurred by the end of the period of 3 days beginning
with the date specified—
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(a)
the notification does not affect the duty imposed by subsection (1), and

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders
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(b)
the 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.
(7)
Section 91(3) applies to the determination of—
(a)
any period of 3 days for the purposes of subsection (1), or
5
(b)
any period of 6 days for the purposes of subsection (6),

as it applies to the determination of the period of 3 days mentioned in section
91(1).
(8)
In this section “qualifying period” means—
(a)
a period of 7 days, or
10
(b)
two or more periods, in any period of 12 months, which taken together
amount to 7 days.
93
Notification requirements: periodic notification
(1)
An offender subject to notification requirements must, within the period of one
year after each notification date, notify to the police the information mentioned
15
in section 91(2), unless the offender has already given a notification under
section 92(1) within that period.
(2)
A “notification date” means, in relation to the offender, the date of any
notification given by the offender under section 91(1) or 92(1) or subsection (1)
above.
20
(3)
Where the period mentioned in subsection (1) would (apart from this
subsection) end while subsection (4) applies, that period is to be treated as
continuing until the end of the period of 3 days beginning with the date on
which subsection (4) first ceases to apply.
(4)
This subsection applies if the offender is—
25
(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.
(5)
Nothing in this section applies to an offender who is subject to an interim
30
violent offender order.
94
Notification requirements: travel outside United Kingdom
(1)
The Secretary of State may by regulations make provision with respect to
offenders subject to notification requirements, or any description of such
offenders—
35
(a)
requiring such persons, before they leave the United Kingdom, to give
in accordance with the regulations a notification under subsection (2);
(b)
requiring such persons, if they subsequently return to the United
Kingdom, to give in accordance with the regulations a notification
under subsection (3).
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(2)
A notification under this subsection must disclose—
(a)
the date on which the offender proposes to leave the United Kingdom;

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(b)
the country (or, if there is more than one, the first country) to which the
offender proposes to travel and the proposed 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 the offender’s departure from or return to the United
5
Kingdom, or about the offender’s movements while outside the United
Kingdom.
(3)
A notification under this subsection must disclose any information prescribed
by the regulations about the offender’s return to the United Kingdom.
95
Method of notification and related matters
10
(1)
An offender gives a notification to the police under section 91(1), 92(1) or 93(1)
by—
(a)
attending at any police station in the offender’s local police area, 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.
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(2)
An offender giving a notification under section 92(1)—
(a)
in relation to a prospective change of home address, or
(b)
in relation to such premises as are mentioned in section 92(2)(c),
may also give the notification at a police station that would fall within
subsection (1)(a) above if the change of home address had already occurred or
20
(as the case may be) the premises in question were the offender’s home
address.
(3)
Any notification given in accordance with this section must be acknowledged;
and the acknowledgement must be—
(a)
in writing, and
25
(b)
in such form as the Secretary of State may direct.
(4)
Where a notification is given under section 91(1), 92(1) or 93(1), the offender
must, if requested to do so by the police officer or other person mentioned in
subsection (1)(b) above, allow that officer or person to—
(a)
take the offender’s fingerprints,
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(b)
photograph any part of the offender, or
(c)
do both of those things,
in order to verify the offender’s identity.
(5)
In this section—
“local police area”, in relation to the offender, means—
35
(a)
the police area in England and Wales in which the home
address is situated,
(b)
in the absence of a home address in England and Wales, the
police area in England and Wales in which the home address
last notified is situated, or
40
(c)
in the absence of such a home address and any such notification,
the police area in which the court that made the violent offender
order (or, as the case may be, the interim violent offender order)
is situated;
“photograph” includes any process by means of which an image may be
45
produced.