|
| |
| |
41 | Offences to which this Part applies: offences having a terrorist connection |
| |
(1) | This Part applies to an offence listed in Schedule 3 as to which the court dealing |
| |
with the offence has determined, in accordance with— |
| |
(a) | section 30 (sentences for offences with terrorist connection: England |
| |
| 5 |
(b) | section 31 (sentences for offences with terrorist connection: Scotland), |
| |
| 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. |
| 10 |
(3) | Where the notification requirements apply to a person by virtue of this section |
| |
and an order is made under section 32 removing the offence from Schedule 3, |
| |
the notification requirements cease to apply to that person in respect of that |
| |
offence when the order comes into force. |
| |
42 | Exclusion of offences dealt with by service courts |
| 15 |
(1) | This Part does not apply to an offence that is dealt with by a service court. |
| |
(2) | A “service court” means the Court Martial, the Summary Appeal Court, the |
| |
Service Civilian Court or the Court Martial Appeal Court. |
| |
(3) | Until the commencement of the relevant provisions of the Armed Forces Act |
| |
2006 (c. 52), the following is substituted for subsection (2)— |
| 20 |
“(2) | A “service court” means— |
| |
(a) | a court-martial constituted under the Army Act 1955, the Air |
| |
Force Act or the Naval Discipline Act 1957; |
| |
(b) | a summary appeal court constituted under section 83ZA of the |
| |
Army Act 1955, section 83ZA of the Air Force Act 1955 or |
| 25 |
section 52FF of the Naval Discipline Act 1957; |
| |
(c) | the Courts-Martial Appeal Court; or |
| |
(d) | a Standing Civilian Court.”. |
| |
43 | Offences dealt with before commencement |
| |
(1) | This Part applies to a person dealt with for an offence before the |
| 30 |
commencement of this Part only if— |
| |
(a) | the offence is one of those listed in section 40 (offences to which this |
| |
Part applies: terrorism offences), and |
| |
(b) | immediately before the commencement of this Part the person— |
| |
(i) | is imprisoned or detained in pursuance of the sentence passed |
| 35 |
or order made in respect of the offence, |
| |
(ii) | would be so imprisoned or detained but for being unlawfully at |
| |
large, absent without leave, on temporary leave or leave of |
| |
absence, or on bail pending an appeal, or |
| |
(iii) | has been released on licence, having served the whole or part of |
| 40 |
a sentence of imprisonment in respect of the offence. |
| |
(2) | In relation to a person dealt with for an offence before the commencement of |
| |
| |
| |
| |
|
| |
| |
(a) | any reference in this Part to a sentence or order under a specified |
| |
statutory provision includes a sentence or order under any |
| |
corresponding earlier statutory provision; |
| |
(b) | any reference in this Part to a person being or having been found to be |
| |
under a disability and to have done the act charged against them in |
| 5 |
respect of an offence includes a reference to their being or having been |
| |
| |
(i) | unfit to be tried for the offence, |
| |
(ii) | insane so that their trial for the offence cannot or could not |
| |
| 10 |
(iii) | unfit to be tried and to have done the act charged against them |
| |
in respect of the offence. |
| |
Persons to whom the notification requirements apply |
| |
44 | Sentences or orders triggering notification requirements |
| |
(1) | The notification requirements apply to a person who in England and Wales— |
| 15 |
(a) | has been convicted of an offence to which this Part applies and |
| |
sentenced in respect of the offence to— |
| |
(i) | imprisonment (or custody) for life, |
| |
(ii) | imprisonment (or detention in a young offender institution) for |
| |
a term of 12 months or more, |
| 20 |
(iii) | imprisonment (or detention) for public protection under section |
| |
225 of the Criminal Justice Act 2003, |
| |
(iv) | detention for a period of 12 months or more under section 91 of |
| |
the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
(offenders under 18 convicted of certain serious offences), |
| 25 |
(v) | a detention and training order for a term of 12 months or more |
| |
under section 100 of that Act (offenders under age of 18), |
| |
(vi) | detention for public protection under section 226 of the |
| |
Criminal Justice Act 2003 (c. 44) (serious offences committed by |
| |
| 30 |
(vii) | detention during Her Majesty's pleasure; or |
| |
| |
(i) | convicted of an offence to which this Part applies carrying a |
| |
maximum term of imprisonment of 12 months or more, |
| |
(ii) | found not guilty by reason of insanity of such an offence, or |
| 35 |
(iii) | found to be under a disability and to have done the act charged |
| |
against them in respect of such an offence, |
| |
| and made subject in respect of the offence to a hospital order. |
| |
(2) | The notification requirements apply to a person who in Scotland— |
| |
(a) | has been convicted of an offence to which this Part applies and |
| 40 |
sentenced in respect of the offence to— |
| |
(i) | imprisonment for a term of 12 months or more, |
| |
(ii) | detention in a young offenders institution for a term of 12 |
| |
| |
(iii) | detention for a period of 12 months or more under section 208 |
| 45 |
of the Criminal Procedure (Scotland) Act 1995 (c. 46) (detention |
| |
of children convicted on indictment), or |
| |
| |
| |
|
| |
| |
(iv) | imprisonment under section 210A of that Act (extended |
| |
sentences for sex and violent offenders); or |
| |
| |
(i) | convicted of an offence to which this Part applies carrying a |
| |
maximum term of imprisonment of twelve months or more, |
| 5 |
(ii) | acquitted of such an offence on grounds of insanity at the time |
| |
of the act or omission constituting the offence, or |
| |
(iii) | found, following an examination of facts under section 55 of the |
| |
Criminal Procedure (Scotland) Act 1995 (insanity in bar of trial: |
| |
examination of facts) in relation to such an offence, to have done |
| 10 |
the act or omission constituting the offence, |
| |
| and made subject in respect of the offence to a hospital order. |
| |
(3) | The notification requirements apply to a person who in Northern Ireland— |
| |
(a) | has been convicted of an offence to which this Part applies and |
| |
sentenced in respect of the offence to— |
| 15 |
(i) | imprisonment for a term of 12 months or more, |
| |
(ii) | detention in a young offender institution for a term of 12 |
| |
| |
(iii) | a juvenile justice centre order under Article 39 of the Criminal |
| |
Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 |
| 20 |
(N.I. 9)) for a period of 12 months or more, |
| |
(iv) | detention during the pleasure of the Secretary of State under |
| |
Article 45(1) of that Order (punishment of certain grave crimes |
| |
committed by a child), or |
| |
(v) | detention under Article 45(2) of that Order for a period of 12 |
| 25 |
| |
| |
(i) | convicted of an offence to which this Part applies carrying a |
| |
maximum term of imprisonment of 12 months or more, |
| |
(ii) | found not guilty by reason of insanity of such an offence, or |
| 30 |
(iii) | found to be under a disability and to have done the act charged |
| |
against them in respect of such an offence, |
| |
| and made subject in respect of the offence to a hospital order. |
| |
(4) | The references in this section to an offence carrying a maximum term of |
| |
imprisonment of 12 months or more include an offence carrying a maximum |
| 35 |
term of life imprisonment and an offence for which the sentence is fixed by law |
| |
| |
45 | Power to amend specified terms or periods of imprisonment or detention |
| |
(1) | The Secretary of State may by order amend the provisions of section 44 |
| |
referring to a specified term or period of imprisonment or detention. |
| 40 |
(2) | An order reducing a specified term or period has effect only in relation to |
| |
persons dealt with after the order comes into force. |
| |
(3) | Where an order increases a specified term or period— |
| |
(a) | it has effect in relation to persons dealt with at any time, whether before |
| |
or after the order comes into force, and |
| 45 |
(b) | a person who would not have been subject to the notification |
| |
requirements if the order had been in force when the offence was dealt |
| |
| |
| |
|
| |
| |
with (and who is not otherwise subject to those requirements) ceases to |
| |
be subject to the requirements when the order comes into force. |
| |
(4) | An order under this section is subject to affirmative resolution procedure. |
| |
Notification requirements |
| |
| 5 |
(1) | A person to whom the notification requirements apply must notify the |
| |
following information to the police within the period of three days beginning |
| |
with the day on which the person is dealt with in respect of the offence in |
| |
| |
(2) | The information required is— |
| 10 |
| |
(b) | national insurance number; |
| |
(c) | name on the date on which the person was dealt with in respect of the |
| |
offence (where the person used one or more other names on that date, |
| |
| 15 |
(d) | home address on that date; |
| |
(e) | name on the date on which notification is made (where the person uses |
| |
one or more other names on that date, each of those names); |
| |
(f) | home address on the date on which notification is made; |
| |
(g) | address of any other premises in the United Kingdom at which, at the |
| 20 |
time the notification is made, the person regularly resides or stays; |
| |
(h) | any prescribed information. |
| |
(3) | In subsection (2) “prescribed” means prescribed by regulations made by the |
| |
| |
| Such regulations are subject to affirmative resolution procedure. |
| 25 |
(4) | In determining the period within which notification is to be made under this |
| |
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. |
| 30 |
(5) | This section does not apply to a person who— |
| |
(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. |
| 35 |
(6) | In the application of this section to a person dealt with for an offence before the |
| |
commencement of this Part who, immediately before commencement— |
| |
(a) | would be imprisoned or detained in respect of the offence but for being |
| |
unlawfully at large, absent without leave, on temporary leave or leave |
| |
of absence, or on bail pending an appeal, or |
| 40 |
(b) | has been released on licence, having served the whole or part of a |
| |
sentence of imprisonment in respect of the offence, |
| |
| the reference in subsection (1) to the day on which the person is dealt with in |
| |
respect of the offence shall be read as a reference to the commencement of this |
| |
| 45 |
| |
| |
|
