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100 | Variation, renewal or discharge of violent offender orders |
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(1) | A person within subsection (2) may by complaint apply to the appropriate |
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magistrates’ court for an order varying, renewing or discharging a violent |
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(b) | the chief officer of police who applied for the order, |
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(c) | (if different) the chief officer of police for the area in which the offender |
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(d) | (if different) a chief officer of police who believes that the offender is in, |
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or is intending to come to, his police area. |
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(3) | The “appropriate magistrates’ court” means the magistrates’ court that made |
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the order or (if different)— |
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(a) | a magistrates’ court for the area in which the offender resides, or |
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(b) | where the application under this section is made by a chief officer of |
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police, any magistrates’ court whose commission area includes any |
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part of the chief officer’s police area. |
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(4) | On an application under this section the appropriate magistrates’ court may, |
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(b) | any other persons mentioned in subsection (2) who wish to be heard, |
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make such order varying, renewing or discharging the violent offender order |
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as the court considers appropriate. |
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But this is subject to subsections (5) and (6). |
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(5) | A violent offender order may only be— |
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(b) | varied so as to impose additional prohibitions, restrictions or |
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conditions on the offender, |
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if the court considers that it is necessary to do so for the purpose of protecting |
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the public from the risk of serious violent harm caused by the offender (and |
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any renewed or varied order may contain only such prohibitions, restrictions |
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or conditions as the court considers necessary for this purpose). |
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(6) | The court may not discharge the violent offender order before the end of the |
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period of 2 years beginning with the date on which it comes into force unless |
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consent to its discharge is given by the offender and— |
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(a) | where the application under this section is made by a chief officer of |
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police, by that chief officer, or |
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(b) | where the application is made by the offender, by the chief officer of |
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police for the area in which the offender resides. |
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101 | Interim violent offender orders |
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(1) | This section applies where an application under section 98 (“the main |
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application”) has not yet been determined. |
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(2) | An application for an order under this section (“an interim violent offender |
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(a) | by the complaint by which the main application is made, or |
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(b) | if the main application has already been made to a court, by means of a |
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further complaint made to that court by the person making the main |
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(a) | is satisfied that the person to whom the main application relates is a |
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(b) | considers it just to do so, |
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| the court may make an interim violent offender order in respect of the person |
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containing such prohibitions, restrictions or conditions as the court considers |
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necessary for the purpose of protecting the public from the risk of serious |
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violent harm caused by that person. |
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(4) | But an interim violent offender order may not be made so as to come into force |
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at any time when the person— |
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(a) | is subject to a custodial sentence for any offence, |
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(b) | is on licence for part of the term of such a sentence, or |
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(c) | is subject to a hospital order or a supervision order made in respect of |
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(5) | Such an order has effect, unless renewed, only for such fixed period of not |
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more than 4 weeks as may be specified in the order. |
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(a) | may be renewed (on one or more occasions) for a period of not more |
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than 4 weeks from the time when it would otherwise cease to have |
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(b) | ceases to have effect (if it has not already done so) at the appropriate |
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(7) | “The appropriate time” means— |
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(a) | if the court grants the main application, the time when a violent |
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offender order made in pursuance of it comes into force; |
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(b) | if the court decides not to grant the main application or it is withdrawn, |
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the time when the court so decides or the application is withdrawn. |
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(8) | Section 100 applies to an interim violent offender order as it applies to a violent |
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offender order, but with the omission of subsection (6). |
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(1) | A person in respect of whom— |
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(a) | a violent offender order, or |
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(b) | an interim violent offender order, |
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| has been made may appeal to the Crown Court against the making of the order. |
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(2) | Such a person may also appeal to the Crown Court against— |
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(a) | the making of an order under section 100, or |
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(b) | any refusal to make such an order. |
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(3) | On an appeal under this section, the Crown Court— |
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(a) | may make such orders as may be necessary to give effect to its |
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determination of the appeal; and |
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(b) | may also make such incidental or consequential orders as appear to it |
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(4) | For the purposes of section 100(3) an order made by the Crown Court on an |
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appeal made by virtue of subsection (1) or (2) is to be treated as if made by the |
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court from which the appeal was brought. |
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103 | Review of violent offender orders in respect of young offenders |
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(1) | This section applies where a violent offender order has been made in respect of |
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an offender who was under 17 at the time when the order was made (“the |
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(a) | the young offender will be under 18 at the end of a review period (see |
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(b) | the young offender will be subject to the violent offender order at the |
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| the appropriate chief officer of police must before the end of that period carry |
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out a review of the operation of the order. |
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| But this subsection ceases to apply if the order is discharged under section 100 |
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before the end of that period. |
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(3) | The “review periods” are— |
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(a) | the period of 12 months beginning with— |
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(i) | the day on which the order was made, or |
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(ii) | if one or more supplemental orders were made during that |
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period, the date on which the supplemental order (or the last |
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supplemental order) was made; |
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(b) | a period of 12 months beginning with— |
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(i) | the day after the end of the previous review period, or |
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(ii) | if one or more supplemental orders were made during that |
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period, the date on which the supplemental order (or the last |
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supplemental order) was made. |
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(4) | A review under this section must include consideration of— |
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(a) | the extent to which the young offender has complied with the violent |
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(b) | the adequacy of any support available to the young offender to help the |
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young offender comply with it; |
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(c) | any matters relevant to the question whether an application should be |
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made under section 100 for the violent offender order to be varied, |
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(5) | A chief officer of police carrying out a review under this section may invite any |
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person to participate in the review, but must have regard to any guidance |
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issued by the Secretary of State when considering which persons to invite. |
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(6) | Those carrying out or participating in a review under this section must have |
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regard to any guidance issued by the Secretary of State when considering— |
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(a) | how the review should be carried out; |
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(b) | what particular matters should be dealt with by the review; |
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(c) | which persons should be sent a copy of the findings of the review or |
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extracts from or a summary of those findings; |
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(d) | what action (if any) it would be appropriate to take in consequence of |
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“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 |
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offender resides or appears to reside; |
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“supplemental order”, in relation to a violent offender order, means an |
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order under section 100 varying or renewing the violent offender order. |
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Notification requirements |
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104 | Offenders subject to notification requirements |
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(1) | References in this Part to an offender subject to notification requirements are |
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references to an offender who is for the time being subject to— |
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(a) | a violent offender order, or |
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(b) | an interim violent offender order, |
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| which is in force under this Part. |
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(2) | Subsection (1) has effect subject to section 107(7) (which excludes from section |
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107 an offender subject to an interim violent offender order). |
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105 | Notification requirements: initial notification |
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(1) | An offender subject to notification requirements must notify the required |
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information to the police within the period of 3 days beginning with the date |
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(a) | the violent offender order, or |
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(b) | the interim violent offender order, |
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| comes into force in relation to the offender (“the relevant date”). |
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(2) | The “required information” is the following information about the offender— |
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(b) | national insurance number; |
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(c) | name on the relevant date or, if the offender used two or more names |
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on that date, each of those names; |
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(d) | home address on the relevant date; |
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(e) | name on the date on which the notification is given or, if the offender |
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used two or more names on that date, each of those names; |
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(f) | home address on the date on which the notification is given; |
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(g) | the address of any other premises in the United Kingdom at which on |
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that date the offender regularly resides or stays; |
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(h) | any prescribed information. |
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(3) | In subsection (2)(h) “prescribed” means prescribed by regulations made by the |
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(4) | When determining the period of 3 days mentioned in subsection (1), there is to |
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be disregarded any time when the offender is— |
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(a) | remanded in or committed to custody by an order of a court; |
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(b) | serving a sentence of imprisonment or a term of service detention; |
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(c) | detained in a hospital; or |
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(d) | outside the United Kingdom. |
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(5) | In this Part “home address” means in relation to the offender— |
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(a) | the address of the offender’s sole or main residence in the United |
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(b) | if the offender has no such residence, the address or location of a place |
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in the United Kingdom where the offender can regularly be found or, if |
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there is more than one such place, such one of them as the offender |
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106 | Notification requirements: changes |
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(1) | An offender subject to notification requirements must notify to the police— |
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(a) | the required new information, and |
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(b) | the information mentioned in section 105(2), |
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| within the period of 3 days beginning with the date on which any notifiable |
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(2) | A “notifiable event” means— |
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(a) | the use by the offender of a name which has not been notified to the |
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police under section 105 or this section; |
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(b) | any change of the offender’s home address; |
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(c) | the expiry of any qualifying period during which the offender has |
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resided or stayed at any premises in the United Kingdom the address |
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of which has not been notified to the police under section 105 or this |
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(d) | any prescribed change of circumstances, or |
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(e) | the release of the offender from custody pursuant to an order of a court |
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or from imprisonment, service detention or detention in a hospital. |
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(3) | The “required new information” is— |
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(a) | the name referred to in subsection (2)(a), |
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(b) | the new home address (see subsection (2)(b)), |
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(c) | the address of the premises referred to in subsection (2)(c), |
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(d) | the prescribed details, or |
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(e) | the fact that the offender has been released as mentioned in subsection |
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(4) | A notification under subsection (1) may be given before the notifiable event |
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occurs, but in that case the offender must also specify the date when the event |
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(5) | If a notification is given in accordance with subsection (4) and the event to |
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which it relates occurs more than 2 days before the date specified, the |
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notification does not affect the duty imposed by subsection (1). |
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(6) | If a notification is given in accordance with subsection (4) and the event to |
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which it relates has not occurred by the end of the period of 3 days beginning |
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(a) | the notification does not affect the duty imposed by subsection (1), and |
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(b) | the offender must, within the period of 6 days beginning with the date |
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specified, notify to the police the fact that the event did not occur within |
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the period of 3 days beginning with the date specified. |
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(7) | Section 105(4) applies to the determination of— |
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(a) | any period of 3 days for the purposes of subsection (1), or |
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(b) | any period of 6 days for the purposes of subsection (6), |
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| as it applies to the determination of the period of 3 days mentioned in section |
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(a) | “prescribed change of circumstances” means any change— |
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(i) | occurring in relation to any matter in respect of which |
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information is required to be notified by virtue of section |
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(ii) | of a description prescribed by regulations made by the |
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(b) | “the prescribed details”, in relation to a prescribed change of |
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circumstances, means such details of the change as may be so |
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(9) | In this section “qualifying period” means— |
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(a) | a period of 7 days, or |
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(b) | two or more periods, in any period of 12 months, which taken together |
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107 | Notification requirements: periodic notification |
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(1) | An offender subject to notification requirements must, within the applicable |
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period after each notification date, notify to the police the information |
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mentioned in section 105(2), unless the offender has already given a |
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notification under section 106(1) within that period. |
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(2) | A “notification date” means, in relation to the offender, the date of any |
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notification given by the offender under section 105(1) or 106(1) or subsection |
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(3) | Where the applicable period would (apart from this subsection) end while |
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subsection (4) applies, that period is to be treated as continuing until the end of |
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the period of 3 days beginning with the date on which subsection (4) first |
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(4) | This subsection applies if the offender is— |
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(a) | remanded in or committed to custody by an order of a court, |
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(b) | serving a sentence of imprisonment or a term of service detention, |
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(c) | detained in a hospital, or |
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(d) | outside the United Kingdom. |
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(5) | In this section “the applicable period” means— |
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(a) | in any case where subsection (6) applies, such period as may be |
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prescribed by regulations made by the Secretary of State, and |
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(b) | in any other case, the period of one year. |
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(6) | This subsection applies if the last home address notified by the relevant |
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offender under section 105(1) or 106(1) or subsection (1) above was the address |
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or location of such a place as is mentioned in section 105(5)(b). |
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(7) | Nothing in this section applies to an offender who is subject to an interim |
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