Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 4 — Notification requirements
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47
Notification of changes
(1)
A person to whom the notification requirements apply who uses a name that
has not previously been notified to the police must notify the police of that
name.
(2)
If there is a change of the home address of a person to whom the notification
5
requirements apply, the person must notify the police of the new home
address.
(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
notified to the police—
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(a)
for a period of 7 days, or
(b)
for two or more periods, in any period of 12 months, that taken together
amount to 7 days,

must notify the police of the address of those premises.
(4)
A person to whom the notification requirements apply who is released—
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(a)
from custody pursuant to an order of a court,
(b)
from imprisonment or detention pursuant to a sentence of a court, or
(c)
from detention in a hospital,

must notify the police of that fact.

This does not apply if the person is at the same time required to notify the
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police under section 46 (initial notification).
(5)
A person who is required to notify information within section 46(2)(h)
(prescribed information) must notify the police of the prescribed details of any
prescribed changes in that information.
(6)
In subsection (5) “prescribed” means prescribed by regulations made by the
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Secretary of State.

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
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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
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
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(c)
detained in a hospital.
(9)
References in this section to previous notification are to previous notification
by the person under section 46 (initial notification), this section or section 48
(periodic re-notification).
(10)
Notification under this section must be accompanied by re-notification of the
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other information mentioned in section 46(2).
48
Periodic re-notification
(1)
A person to whom the notification requirements apply must, within the period
of one year after last notifying the police in accordance with—

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Part 4 — Notification requirements
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(a)
section 46 (initial notification),
(b)
section 47 (notification of change), or
(c)
this section,

re-notify to the police the information mentioned in section 46(2).
(2)
This does not apply if the period referred to in subsection (1) ends at a time
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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.
(3)
In that case section 47(4) and (10) (duty to notify of release and to re-notify
10
other information) apply when the person is released.
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Method of notification and related matters
(1)
This section applies to notification under—
(a)
section 46 (initial notification),
(b)
section 47 (notification of change), or
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(c)
section 48 (periodic re-notification).
(2)
Notification must be made by the person—
(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.
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(3)
A person making a notification under section 47 (notification of change) in
relation to premises referred to in subsection (3) of that section may make the
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.
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(5)
The acknowledgement must be in writing, and in such form as the Secretary of
State may direct.
(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
to—
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(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
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be read as references to a constable.
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Meaning of “local police area”
(1)
For the purposes of section 49(2) (method of notification) a person’s “local
police area” means—
(a)
the police area in which the person’s home address is situated;
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(b)
in the absence of a home address, the police area in which the home
address last notified is situated;

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Part 4 — Notification requirements
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(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
of the offence by virtue of which the notification requirements apply.
(2)
This section and section 49(2) apply in relation to Northern Ireland as if
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Northern Ireland were a police area.
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Travel outside the United Kingdom
(1)
The Secretary of State may by regulations make provision requiring a person
to whom the notification requirements apply who leaves the United
Kingdom—
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(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
United Kingdom.
(2)
Notification of departure must disclose—
(a)
the date on which the person intends 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
person will travel;
(c)
the person’s point of arrival (determined in accordance with the
regulations) in that country;
(d)
any other information required by the regulations.
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(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
regulations.
(5)
Regulations under this section are subject to affirmative resolution procedure.
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Period for which notification requirements apply
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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
offence—
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(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
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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
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Criminal Justice Act 2003 (serious offences committed by
persons under 18), or
(vi)
detention during Her Majesty's pleasure;
(b)
in Scotland to—

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(i)
imprisonment for life,
(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),
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(iv)
detention in a young offenders institution for a period of 5 years
or more,
(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
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sentences for sex and violent offenders);
(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
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Article 45(1) of the Criminal Justice (Children) (Northern
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
that Order.
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(2)
In any other case the period for which the notification requirements apply is 10
years.
(3)
The period begins with the day on which the person is dealt with for the
offence.
(4)
If a person who is the subject of a finding within section 44(1)(b)(iii), (2)(b)(iii)
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or (3)(b)(iii) (finding of insanity, disability, etc) is subsequently tried for the
offence, the period resulting from that finding ends—
(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
of the offence.
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(5)
For the purposes of determining the length of the period—
(a)
a person who has been sentenced in respect of two or more offences to
which this Part applies 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
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(b)
a person who has been sentenced in respect of two or more such
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
40
period when the person was—
(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.