|
| |
|
| the court may make an interim violent offender order in respect of the person |
| |
containing such prohibitions, restrictions or conditions as the court considers |
| |
necessary for the purpose of protecting the public from the risk of serious |
| |
violent harm caused by that person. |
| |
(4) | But an interim violent offender order may not be made so as to come into force |
| 5 |
at any time when the person— |
| |
(a) | is subject to a custodial sentence for any offence, |
| |
(b) | is on licence for part of the term of such a sentence, or |
| |
(c) | is subject to a hospital order or a supervision order made in respect of |
| |
| 10 |
(5) | Such an order has effect, unless renewed, only for such fixed period of not |
| |
more than 4 weeks as may be specified in the order. |
| |
| |
(a) | may be renewed (on one or more occasions) for a period of not more |
| |
than 4 weeks from the time when it would otherwise cease to have |
| 15 |
| |
(b) | ceases to have effect (if it has not already done so) at the appropriate |
| |
| |
(7) | “The appropriate time” means— |
| |
(a) | if the court grants the main application, the time when a violent |
| 20 |
offender order made in pursuance of it comes into force; |
| |
(b) | if the court decides not to grant the main application or it is withdrawn, |
| |
the time when the court so decides or the application is withdrawn. |
| |
(8) | Section 128 applies to an interim violent offender order as it applies to a violent |
| |
offender order, but with the omission of subsection (6). |
| 25 |
| |
(1) | A person in respect of whom— |
| |
(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. |
| 30 |
(2) | Such a person may also appeal to the Crown Court against— |
| |
(a) | the making of an order under section 128, or |
| |
(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 |
| 35 |
determination of the appeal; and |
| |
(b) | may also make such incidental or consequential orders as appear to it |
| |
| |
(4) | For the purposes of section 128(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 |
| 40 |
court from which the appeal was brought. |
| |
|
| |
|
| |
|
131 | Review of violent offender orders in respect of young offenders |
| |
(1) | This section applies where a violent offender order has been made in respect of |
| |
an offender who was under 17 at the time when the order was made (“the |
| |
| |
| 5 |
(a) | the young offender will be under 18 at the end of a review period (see |
| |
| |
(b) | the young offender will be subject to the violent offender order at the |
| |
| |
| the appropriate chief officer of police must before the end of that period carry |
| 10 |
out a review of the operation of the order. |
| |
| But this subsection ceases to apply if the order is discharged under section 128 |
| |
before the end of that period. |
| |
(3) | The “review periods” are— |
| |
(a) | the period of 12 months beginning with— |
| 15 |
(i) | the day on which the order was made, or |
| |
(ii) | if one or more supplemental orders were made during that |
| |
period, the date on which the supplemental order (or the last |
| |
supplemental order) was made; |
| |
(b) | a period of 12 months beginning with— |
| 20 |
(i) | the day after the end of the previous review period, or |
| |
(ii) | if one or more supplemental orders were made during that |
| |
period, the date on which the supplemental order (or the last |
| |
supplemental order) was made. |
| |
(4) | A review under this section must include consideration of— |
| 25 |
(a) | the extent to which the young offender has complied with the violent |
| |
| |
(b) | the adequacy of any support available to the young offender to help the |
| |
young offender comply with it; |
| |
(c) | any matters relevant to the question whether an application should be |
| 30 |
made under section 128 for the violent offender order to be varied, |
| |
| |
(5) | A chief officer of police carrying out a review under this section may invite any |
| |
person to participate in the review, but must have regard to any guidance |
| |
issued by the Secretary of State when considering which persons to invite. |
| 35 |
(6) | Those carrying out or participating in a review under this section must have |
| |
regard to any guidance issued by the Secretary of State when considering— |
| |
(a) | how the review should be carried out; |
| |
(b) | what particular matters should be dealt with by the review; |
| |
(c) | which persons should be sent a copy of the findings of the review or |
| 40 |
extracts from or a summary of those findings; |
| |
(d) | what action (if any) it would be appropriate to take in consequence of |
| |
| |
| |
“the appropriate chief officer of police” means the chief officer of police of |
| 45 |
the police force maintained for the police area in which the young |
| |
offender resides or appears to reside; |
| |
|
| |
|
| |
|
“supplemental order”, in relation to a violent offender order, means an |
| |
order under section 128 varying or renewing the violent offender order. |
| |
Notification requirements |
| |
132 | Offenders subject to notification requirements |
| |
(1) | References in this Part to an offender subject to notification requirements are |
| 5 |
references to an offender who is for the time being subject to— |
| |
(a) | a violent offender order, or |
| |
(b) | an interim violent offender order, |
| |
| which is in force under this Part. |
| |
(2) | Subsection (1) has effect subject to section 135(5) (which excludes from section |
| 10 |
135 an offender subject to an interim violent offender order). |
| |
133 | Notification requirements: initial notification |
| |
(1) | An offender subject to notification requirements must notify the required |
| |
information to the police within the period of 3 days beginning with the date |
| |
| 15 |
(a) | the violent offender order, or |
| |
(b) | the interim violent offender order, |
| |
| comes into force in relation to the offender (“the relevant date”). |
| |
(2) | The “required information” is the following information about the offender— |
| |
| 20 |
(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; |
| |
(d) | home address on the relevant date; |
| |
(e) | name on the date on which the notification is given or, if the offender |
| 25 |
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 |
| |
that date the offender regularly resides or stays; |
| |
(h) | any prescribed information. |
| 30 |
(3) | In subsection (2)(h) “prescribed” means prescribed by regulations made by the |
| |
| |
(4) | 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; |
| 35 |
(b) | serving a sentence of imprisonment or a term of service detention; |
| |
(c) | detained in a hospital; or |
| |
(d) | outside the United Kingdom. |
| |
(5) | 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 |
| 40 |
| |
(b) | if the offender has no such residence, the address or location of a place |
| |
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 |
| |
| |
134 | Notification requirements: changes |
| |
(1) | An offender subject to notification requirements must notify to the police— |
| |
(a) | the required new information, and |
| 5 |
(b) | the information mentioned in section 133(2), |
| |
| within the period of 3 days beginning with the date on which any notifiable |
| |
| |
(2) | A “notifiable event” means— |
| |
(a) | the use by the offender of a name which has not been notified to the |
| 10 |
police under section 133 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 |
| |
of which has not been notified to the police under section 133 or this |
| 15 |
| |
(d) | any prescribed change of circumstances, or |
| |
(e) | 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— |
| 20 |
(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), |
| |
(d) | the prescribed details, or |
| |
(e) | the fact that the offender has been released as mentioned in subsection |
| 25 |
| |
| |
(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 |
| |
| 30 |
(5) | If a notification is given in accordance with subsection (4) 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). |
| |
(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 |
| 35 |
| |
(a) | the notification does not affect the duty imposed by subsection (1), and |
| |
(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. |
| 40 |
(7) | Section 133(4) applies to the determination of— |
| |
(a) | any period of 3 days for the purposes of subsection (1), or |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
| |
(a) | “prescribed change of circumstances” means any change— |
| |
(i) | occurring in relation to any matter in respect of which |
| |
information is required to be notified by virtue of section |
| |
| 5 |
(ii) | of a description prescribed by regulations made by the |
| |
| |
(b) | “the prescribed details”, in relation to a prescribed change of |
| |
circumstances, means such details of the change as may be so |
| |
| 10 |
(9) | In this section “qualifying period” means— |
| |
(a) | a period of 7 days, or |
| |
(b) | two or more periods, in any period of 12 months, which taken together |
| |
| |
135 | Notification requirements: periodic notification |
| 15 |
(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 |
| |
in section 133(2), unless the offender has already given a notification under |
| |
section 134(1) within that period. |
| |
(2) | A “notification date” means, in relation to the offender, the date of any |
| 20 |
notification given by the offender under section 133(1) or 134(1) or subsection |
| |
| |
(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 |
| 25 |
which subsection (4) first ceases to apply. |
| |
(4) | This subsection applies if 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 |
| 30 |
(d) | outside the United Kingdom. |
| |
(5) | Nothing in this section applies to an offender who is subject to an interim |
| |
| |
136 | Notification requirements: travel outside United Kingdom |
| |
(1) | The Secretary of State may by regulations make provision with respect to |
| 35 |
offenders subject to notification requirements, or any description of such |
| |
| |
(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 |
| 40 |
Kingdom, to give in accordance with the regulations a notification |
| |
| |
(2) | A notification under this subsection must disclose— |
| |
(a) | the date on which the offender proposes to leave the United Kingdom; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(3) | A notification under this subsection must disclose any information prescribed |
| |
by the regulations about the offender’s return to the United Kingdom. |
| |
137 | Method of notification and related matters |
| 10 |
(1) | An offender gives a notification to the police under section 133(1), 134(1) or |
| |
| |
(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. |
| 15 |
(2) | An offender giving a notification under section 134(1)— |
| |
(a) | in relation to a prospective change of home address, or |
| |
(b) | in relation to such premises as are mentioned in section 134(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 |
| |
| |
(3) | Any notification given in accordance with this section must be acknowledged; |
| |
and the acknowledgement must be— |
| |
| 25 |
(b) | in such form as the Secretary of State may direct. |
| |
(4) | Where a notification is given under section 133(1), 134(1) or 135(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, |
| 30 |
(b) | photograph any part of the offender, or |
| |
(c) | do both of those things, |
| |
in order to verify the offender’s identity. |
| |
| |
“local police area”, in relation to the offender, means— |
| 35 |
(a) | the police area in England and Wales in which the home |
| |
| |
(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) |
| |
| |
“photograph” includes any process by means of which an image may be |
| 45 |
| |
|
| |
|