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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 9 — Violent Offender Orders

88

 

   

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

any offence.

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.

(6)   

Such an 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

effect; and

(b)   

ceases to have effect (if it has not already done so) at the appropriate

time.

(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if the court decides not to grant the main application or it is withdrawn,

the time when the court so decides or the application is withdrawn.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).

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130     

Appeals

(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

to be just.

(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.

 
 

Criminal Justice and Immigration Bill
Part 9 — Violent Offender Orders

89

 

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

young offender”).

(2)   

If—

5

(a)   

the young offender will be under 18 at the end of a review period (see

subsection (3)), and

(b)   

the young offender will be subject to the violent offender order at the

end of that period,

   

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

offender order;

(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,

renewed or discharged.

(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

those findings.

(7)   

In this section—

“the appropriate chief officer of police” means the chief officer of police of

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the police force maintained for the police area in which the young

offender resides or appears to reside;

 
 

Criminal Justice and Immigration Bill
Part 9 — Violent Offender Orders

90

 

“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

on which—

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—

(a)   

date of birth;

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

Secretary of State.

(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

Kingdom, or

(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

 
 

Criminal Justice and Immigration Bill
Part 9 — Violent Offender Orders

91

 

there is more than one such place, such one of them as the offender

selects.

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

event occurs.

(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

section,

(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

(2)(e),

   

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.

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

with the date specified—

(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

133(1).

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Criminal Justice and Immigration Bill
Part 9 — Violent Offender Orders

92

 

(8)   

In this section—

(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

133(2)(h), and

5

(ii)   

of a description prescribed by regulations made by the

Secretary of State;

(b)   

“the prescribed details”, in relation to a prescribed change of

circumstances, means such details of the change as may be so

prescribed.

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

amount to 7 days.

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

(1) above.

(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

violent offender order.

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

offenders—

(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

under subsection (3).

(2)   

A notification under this subsection must disclose—

(a)   

the date on which the offender proposes to leave the United Kingdom;

 
 

Criminal Justice and Immigration Bill
Part 9 — Violent Offender Orders

93

 

(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.

137     

Method of notification and related matters

10

(1)   

An offender gives a notification to the police under section 133(1), 134(1) or

135(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.

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

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 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.

(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

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produced.

 
 

 
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