|
| |
|
(a) | is subject to the notification requirements in respect of another offence |
| |
(and does not cease to be so subject before the end of the period within |
| |
which notification is to be made), and |
| |
(b) | has complied with this section in respect of that offence. |
| |
45 | Offences to which this Part applies: offences having a terrorist connection |
| 5 |
(1) | This Part applies to an offence listed in Schedule 2 as to which the court dealing |
| |
with the offence has determined, in accordance with— |
| |
(a) | section 29 (sentences for offences with terrorist connection: England |
| |
| |
(b) | section 30 (sentences for offences with terrorist connection: Scotland), |
| 10 |
| that the offence has a terrorist connection. |
| |
(2) | A person to whom the notification requirements apply by virtue of such a |
| |
determination may appeal against it to the same court, and subject to the same |
| |
conditions, as an appeal against sentence. |
| |
(3) | Where the notification requirements apply to a person by virtue of this section |
| 15 |
and an order is made under section 31 removing the offence from Schedule 2, |
| |
the notification requirements cease to apply to that person in respect of that |
| |
offence when the order comes into force. |
| |
46 | Notification of changes |
| |
(1) | A person to whom the notification requirements apply who uses a name that |
| 20 |
has not previously been notified to the police must notify the police of that |
| |
| |
(2) | If there is a change of the home address of a person to whom the notification |
| |
requirements apply, the person must notify the police of the new home |
| |
| 25 |
(3) | A person to whom the notification requirements apply who resides or stays at |
| |
premises in the United Kingdom the address of which has previously not been |
| |
| |
(a) | for a period of 7 days, or |
| |
(b) | for two or more periods, in any period of 12 months, that taken together |
| 30 |
| |
| must notify the police of the address of those premises. |
| |
(4) | A person to whom the notification requirements apply who is released— |
| |
(a) | from custody pursuant to an order of a court, |
| |
(b) | from imprisonment or detention pursuant to a sentence of a court, or |
| 35 |
(c) | from detention in a hospital, |
| |
| must notify the police of that fact. |
| |
(5) | A person who is required to notify information within section 44(2)(h) |
| |
(prescribed information) must notify the police of the prescribed details of any |
| |
prescribed changes in a matter in relation to which the information must be |
| 40 |
| |
(6) | In subsection (5) “prescribed” means prescribed by regulations made by the |
| |
| |
| Such regulations are subject to affirmative resolution procedure. |
| |
|
| |
|
| |
|
(7) | Notification under this section must be made before the end of the period of |
| |
three days beginning with the day on which the event in question occurs. |
| |
| Where subsection (3) applies that is the day with which the period referred to |
| |
in paragraph (a) or (b) (as the case may be) ends. |
| |
(8) | In determining the period within which notification is to be made under this |
| 5 |
section, there shall be disregarded any time when the person is— |
| |
(a) | remanded in or committed to custody by an order of a court, |
| |
(b) | serving a sentence of imprisonment or detention, or |
| |
(c) | detained in a hospital. |
| |
(9) | References in this section to previous notification are to previous notification |
| 10 |
by the person under section 44 (initial notification) or this section. |
| |
(10) | Notification under this section must be accompanied by re-notification of the |
| |
other information mentioned in section 44(2). |
| |
47 | Periodic re-notification |
| |
(1) | A person to whom the notification requirements apply must, within the period |
| 15 |
of one year after notifying the police in accordance with— |
| |
(a) | section 44 (initial notification), |
| |
(b) | section 46 (notification of change), or |
| |
| |
| re-notify to the police the information mentioned in section 44(2). |
| 20 |
(2) | This does not apply if within that period the person has made a notification |
| |
under section 46 (notification of change). |
| |
(3) | If the period referred to in subsection (1) would end at a time when the person |
| |
| |
(a) | remanded in or committed to custody by an order of a court, |
| 25 |
(b) | serving a sentence of imprisonment or detention, or |
| |
(c) | detained in a hospital, |
| |
| the period is treated as continuing until the end of the period of three days |
| |
beginning with the day when that ceases to be the case. |
| |
48 | Method of notification and related matters |
| 30 |
(1) | This section applies to notification under— |
| |
(a) | section 44 (initial notification), |
| |
(b) | section 46 (notification of change), or |
| |
(c) | section 47 (periodic re-notification). |
| |
(2) | Notification must be made by the person— |
| 35 |
(a) | attending at a police station in the person’s local police area, and |
| |
(b) | making an oral notification to a police officer or to a person authorised |
| |
for the purpose by the officer in charge of the station. |
| |
(3) | A person making a notification under section 46 (notification of change) in |
| |
relation to premises referred to in subsection (3) of that section may make the |
| 40 |
notification at a police station that would fall within subsection (2)(a) above if |
| |
the address of those premises were the person’s home address. |
| |
(4) | The notification must be acknowledged. |
| |
|
| |
|
| |
|
(5) | The acknowledgement must be in writing, and in such form as the Secretary of |
| |
| |
(6) | The person making the notification must, if requested to do so by the police |
| |
officer or person to whom the notification is made, allow the officer or person |
| |
| 5 |
(a) | take the person’s fingerprints, |
| |
(b) | photograph any part of the person, or |
| |
(c) | do both these things, |
| |
| for the purpose of verifying the person’s identity. |
| |
(7) | In the application of this section to Scotland, references to a police officer are to |
| 10 |
be read as references to a constable. |
| |
49 | Meaning of “local police area” |
| |
(1) | For the purposes of section 48(2) (method of notification) a person’s “local |
| |
| |
(a) | the police area in which the person’s home address is situated; |
| 15 |
(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 |
| |
area in which the court was situated that last dealt with the person |
| |
(otherwise than on an appeal or reference to a higher court) in respect |
| 20 |
of the offence by virtue of which the notification requirements apply. |
| |
(2) | This section and section 48(2) apply in relation to Northern Ireland as if |
| |
Northern Ireland were a police area. |
| |
50 | Travel outside the United Kingdom |
| |
(1) | The Secretary of State may by regulations make provision requiring a person |
| 25 |
to whom the notification requirements apply who leaves the United |
| |
| |
(a) | to notify the police of their departure before they leave, and |
| |
(b) | to notify the police of their return if they subsequently return to the |
| |
| 30 |
(2) | Notification of departure must disclose— |
| |
(a) | the date on which the person intends to leave the United Kingdom; |
| |
(b) | the country (or, if there is more than one, the first country) to which the |
| |
| |
(c) | the person’s point of arrival (determined in accordance with the |
| 35 |
regulations) in that country; |
| |
(d) | any other information required by the regulations that the person holds |
| |
| |
(i) | the person’s departure from or return to the United Kingdom, |
| |
| 40 |
(ii) | the person’s movements while outside the United Kingdom. |
| |
(3) | Notification of return must disclose such information as is required by the |
| |
regulations about the person’s return to the United Kingdom. |
| |
|
| |
|
| |
|
(4) | Notification under this section must be given in accordance with the |
| |
| |
(5) | Regulations under this section may make different provision for different |
| |
descriptions or categories of person. |
| |
(6) | Regulations under this section are subject to affirmative resolution procedure. |
| 5 |
Period for which notification requirements apply |
| |
51 | Period for which notification requirements apply |
| |
(1) | The period for which the notification requirements apply is an indefinite |
| |
period in the case of a person who has been sentenced in respect of the |
| |
| 10 |
(a) | in England and Wales to— |
| |
(i) | imprisonment (or custody) for life, |
| |
(ii) | imprisonment (or detention in a young offender institution) for |
| |
a term of 5 years or more, |
| |
(iii) | imprisonment (or detention) for public protection under section |
| 15 |
225 of the Criminal Justice Act 2003 (c. 44), |
| |
(iv) | detention for a period or 5 years or more under section 91 of the |
| |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
(offenders under 18 convicted of certain serious offences), |
| |
(v) | detention for public protection under section 226 of the |
| 20 |
Criminal Justice Act 2003 (serious offences committed by |
| |
| |
(vi) | detention during Her Majesty's pleasure; |
| |
| |
(i) | imprisonment for life, |
| 25 |
(ii) | imprisonment for a term of 5 years or more, |
| |
(iii) | detention in a young offenders institution under section 205(3) |
| |
of the Criminal Procedure (Scotland) Act 1995 (c. 46) |
| |
(punishment for murder: young offenders), |
| |
(iv) | detention in a young offenders institution for a period of 5 years |
| 30 |
| |
(v) | detention for a period of 5 years or more under section 208 of |
| |
that Act (detention of children convicted on indictment), or |
| |
(vi) | imprisonment under section 210A of that Act (extended |
| |
sentences for sex and violent offenders); |
| 35 |
(c) | in Northern Ireland to— |
| |
(i) | imprisonment for life, |
| |
(ii) | imprisonment for a term of 5 years or more, |
| |
(iii) | detention during the pleasure of the Secretary of State under |
| |
Article 45(1) of the Criminal Justice (Children) (Northern |
| 40 |
Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (punishment of |
| |
certain grave crimes committed by a child), or |
| |
(iv) | detention for a period of 5 years or more under Article 45(2) of |
| |
| |
(2) | In any other case the period for which the notification requirements apply is 10 |
| 45 |
| |
|
| |
|
| |
|
(3) | The period begins with the day on which the person is dealt with for the |
| |
| |
(4) | If a person who is the subject of a finding within section 42(1)(b)(ii) or (iii), |
| |
(2)(b)(ii) or (iii) or (3)(b)(ii) or (iii) (finding of insanity, disability, etc) is |
| |
subsequently tried for the offence, the period resulting from that finding |
| 5 |
| |
(a) | if the person is acquitted, at the conclusion of the trial; |
| |
(b) | if the person is convicted, when the person is again dealt with in respect |
| |
| |
(5) | For the purposes of determining the length of the period— |
| 10 |
(a) | a person who has been sentenced in respect of two or more terrorism |
| |
offences to consecutive terms of imprisonment is treated as if |
| |
sentenced, in respect of each of the offences, to a term of imprisonment |
| |
equal to the aggregate of the terms; and |
| |
(b) | a person who has been sentenced in respect of two or more such |
| 15 |
offences to concurrent terms of imprisonment (X and Y) that overlap for |
| |
a period (Z) is treated as if sentenced, in respect of each of the offences, |
| |
to a term of imprisonment equal to X plus Y minus Z. |
| |
(6) | In determining whether the period has expired, there shall be disregarded any |
| |
period when the person was— |
| 20 |
(a) | remanded in or committed to custody by an order of a court, |
| |
(b) | serving a sentence of imprisonment or detention, or |
| |
(c) | detained in a hospital. |
| |
Offences in relation to notification |
| |
52 | Offences relating to notification |
| 25 |
(1) | A person commits an offence who— |
| |
(a) | fails without reasonable excuse to comply with— |
| |
section 44 (initial notification), |
| |
section 46 (notification of changes), |
| |
section 47 (periodic re-notification), |
| 30 |
section 48(6) (taking of fingerprints or photographs), or |
| |
any regulations made under section 50(1) (travel outside United |
| |
| |
(b) | notifies to the police in purported compliance with— |
| |
section 44 (initial notification), |
| 35 |
section 46 (notification of changes), |
| |
section 47 (periodic re-notification), or |
| |
any regulations made under section 50(1) (travel outside United |
| |
| |
| any information that the person 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 12 |
| |
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 or a fine or both. |
| 45 |
|
| |
|
| |
|
(3) | In the application of subsection (2)(a)— |
| |
(a) | in England and Wales, in relation to an offence committed before the |
| |
commencement of section 154(1) of the Criminal Justice Act 2003, or |
| |
| |
| for “12 months” substitute “6 months”. |
| 5 |
| |
(a) | commits an offence under subsection (1)(a) above on the day on which |
| |
the person first fails without reasonable excuse to comply with— |
| |
section 44 (initial notification), |
| |
section 46 (notification of changes), |
| 10 |
section 47 (periodic re-notification), or |
| |
any regulations made under section 50(1) (travel outside United |
| |
| |
(b) | continues to commit it throughout any period during which the failure |
| |
| 15 |
| But a person must not be prosecuted under subsection (1) more than once in |
| |
respect of the same failure. |
| |
(5) | 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 |
| |
| 20 |
| |
| |
Schedule 4 makes provision for notification orders applying the notification |
| |
requirements of this Part to persons who have been dealt with outside the |
| |
United Kingdom in respect of a corresponding foreign offence. |
| 25 |
54 | Foreign travel restriction orders |
| |
Schedule 5 makes provision for foreign travel restriction orders prohibiting |
| |
persons to whom the notification requirements apply from— |
| |
(a) | travelling to a country outside the United Kingdom named or |
| |
| 30 |
(b) | travelling to any country outside the United Kingdom other than a |
| |
country named or described in the order, or |
| |
(c) | travelling to any country outside the United Kingdom. |
| |
55 | Minor definitions for Part 4 |
| |
| 35 |
“country” includes a territory; |
| |
“detained in a hospital” means detained in a hospital under— |
| |
(a) | Part 3 of the Mental Health Act 1983 (c. 20), |
| |
(b) | Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or |
| |
the Mental Health (Care and Treatment) (Scotland) Act 2003 |
| 40 |
| |
(c) | Part 3 of the Mental Health (Northern Ireland) Order (S.I. 1986/ |
| |
| |
|
| |
|
| |
|
“home address” means, in relation to a person— |
| |
(a) | the address of the person’s sole or main residence in the United |
| |
| |
(b) | where the person has no such residence, the address or location |
| |
of a place in the United Kingdom where the person can |
| 5 |
regularly be found and, if there is more than one such place, |
| |
such one of those places as the person may select; |
| |
| |
(a) | in relation to England and Wales, has the same meaning as in |
| |
the Mental Health Act 1983 (c. 20), |
| 10 |
(b) | in relation to Scotland, means an order under Part 6 of the |
| |
Criminal Procedure (Scotland) Act 1995 (c. 46); |
| |
(c) | in relation to Northern Ireland, has the same meaning as in the |
| |
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 |
| |
| 15 |
| |
(a) | a United Kingdom passport within the meaning of the |
| |
Immigration Act 1971 (c. 77), or |
| |
(b) | a passport issued by or on behalf of the authorities of a country |
| |
outside the United Kingdom or by or on behalf of an |
| 20 |
international organisation, |
| |
and includes any document that can be used (in some or all |
| |
circumstances) instead of a passport; |
| |
“photograph” includes any process by means of which an image may be |
| |
| 25 |
“release” from imprisonment or detention includes release on licence but |
| |
| |
| |
Asset freezing proceedings |
| |
| 30 |
56 | Asset freezing proceedings |
| |
(1) | In this Part “asset freezing proceedings” means proceedings in the High Court |
| |
or the Court of Session on an application to set aside an asset freezing decision. |
| |
| The provisions of this Part apply in relation to such proceedings brought after |
| |
the commencement of this Part. |
| 35 |
(2) | An “asset freezing decision” means a decision of the Treasury— |
| |
(a) | to give a direction for the purposes of a UN terrorism order having the |
| |
effect of applying prohibitions in the order— |
| |
(i) | in relation to funds specified in the direction, or |
| |
(ii) | in relation to a person specified in the direction, |
| 40 |
(b) | to refuse to grant a licence exempting acts from the prohibitions in the |
| |
| |
(c) | to grant such a licence subject to conditions (or to particular conditions) |
| |
or subject to an expiry date (or to a particular expiry date), or |
| |
(d) | to vary or revoke, or to refuse to vary, such a licence. |
| 45 |
|
| |
|