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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders

75

 

100     

Variation, renewal or discharge of violent offender orders

(1)   

A person within subsection (2) may by complaint apply to the appropriate

magistrates’ court for an order varying, renewing or discharging a violent

offender order.

(2)   

The persons are—

5

(a)   

the offender,

(b)   

the chief officer of police who applied for the order,

(c)   

(if different) the chief officer of police for the area in which the offender

resides, and

(d)   

(if different) a chief officer of police who believes that the offender is in,

10

or is intending to come to, his police area.

(3)   

The “appropriate magistrates’ court” means the magistrates’ court that made

the order or (if different)—

(a)   

a magistrates’ court for the area in which the offender resides, or

(b)   

where the application under this section is made by a chief officer of

15

police, any magistrates’ court whose commission area includes any

part of the chief officer’s police area.

(4)   

On an application under this section the appropriate magistrates’ court may,

after hearing—

(a)   

the applicant, and

20

(b)   

any other persons mentioned in subsection (2) who wish to be heard,

make such order varying, renewing or discharging the violent offender order

as the court considers appropriate.

But this is subject to subsections (5) and (6).

(5)   

A violent offender order may only be—

25

(a)   

renewed, or

(b)   

varied so as to impose additional prohibitions, restrictions or

conditions on the offender,

if the court considers that it is necessary to do so for the purpose of protecting

the public from the risk of serious violent harm caused by the offender (and

30

any renewed or varied order may contain only such prohibitions, restrictions

or conditions as the court considers necessary for this purpose).

(6)   

The court may not discharge the violent offender order before the end of the

period of 2 years beginning with the date on which it comes into force unless

consent to its discharge is given by the offender and—

35

(a)   

where the application under this section is made by a chief officer of

police, by that chief officer, or

(b)   

where the application is made by the offender, by the chief officer of

police for the area in which the offender resides.

101     

Interim violent offender orders

40

(1)   

This section applies where an application under section 98 (“the main

application”) has not yet been determined.

(2)   

An application for an order under this section (“an interim violent offender

order”) may be made—

(a)   

by the complaint by which the main application is made, or

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Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders

76

 

(b)   

if the main application has already been made to a court, by means of a

further complaint made to that court by the person making the main

application.

(3)   

If the court—

(a)   

is satisfied that the person to whom the main application relates is a

5

qualifying offender, and

(b)   

considers it just to do so,

   

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

10

violent harm caused by that person.

(4)   

But an interim violent offender order may not be made so as to come into force

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

15

(c)   

is subject to a hospital order or a supervision order made in respect of

any offence.

(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—

20

(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

effect; and

(b)   

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

time.

25

(7)   

“The appropriate time” means—

(a)   

if the court grants the main application, the time when a violent

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.

30

(8)   

Section 100 applies to an interim violent offender order as it applies to a violent

offender order, but with the omission of subsection (6).

102     

Appeals

(1)   

A person in respect of whom—

(a)   

a violent offender order, or

35

(b)   

an interim violent offender order,

   

has been made may appeal to the Crown Court against the making of the order.

(2)   

Such a person may also appeal to the Crown Court against—

(a)   

the making of an order under section 100, or

(b)   

any refusal to make such an order.

40

(3)   

On an appeal under this section, the Crown Court—

(a)   

may make such orders as may be necessary to give effect to its

determination of the appeal; and

(b)   

may also make such incidental or consequential orders as appear to it

to be just.

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Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders

77

 

(4)   

For the purposes of section 100(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

court from which the appeal was brought.

103     

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

5

an offender who was under 17 at the time when the order was made (“the

young offender”).

(2)   

If—

(a)   

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

subsection (3)), and

10

(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

out a review of the operation of the order.

   

But this subsection ceases to apply if the order is discharged under section 100

15

before the end of that period.

(3)   

The “review periods” are—

(a)   

the period of 12 months beginning with—

(i)   

the day on which the order was made, or

(ii)   

if one or more supplemental orders were made during that

20

period, the date on which the supplemental order (or the last

supplemental order) was made;

(b)   

a period of 12 months beginning with—

(i)   

the day after the end of the previous review period, or

(ii)   

if one or more supplemental orders were made during that

25

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—

(a)   

the extent to which the young offender has complied with the violent

offender order;

30

(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

made under section 100 for the violent offender order to be varied,

renewed or discharged.

35

(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.

(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—

40

(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

extracts from or a summary of those findings;

(d)   

what action (if any) it would be appropriate to take in consequence of

45

those findings.

 
 

Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders

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(7)   

In this section—

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

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

offender resides or appears to reside;

“supplemental order”, in relation to a violent offender order, means an

5

order under section 100 varying or renewing the violent offender order.

Notification requirements

104     

Offenders subject to notification requirements

(1)   

References in this Part to an offender subject to notification requirements are

references to an offender who is for the time being subject to—

10

(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 107(7) (which excludes from section

107 an offender subject to an interim violent offender order).

15

105     

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—

(a)   

the violent offender order, or

20

(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;

(b)   

national insurance number;

25

(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

used two or more names on that date, each of those names;

30

(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.

(3)   

In subsection (2)(h) “prescribed” means prescribed by regulations made by the

35

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;

(b)   

serving a sentence of imprisonment or a term of service detention;

40

(c)   

detained in a hospital; or

(d)   

outside the United Kingdom.

(5)   

In this Part “home address” means in relation to the offender—

 
 

Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders

79

 

(a)   

the address of the offender’s sole or main residence in the United

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

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

5

selects.

106     

Notification requirements: changes

(1)   

An offender subject to notification requirements must notify to the police—

(a)   

the required new information, and

(b)   

the information mentioned in section 105(2),

10

   

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

police under section 105 or this section;

15

(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 105 or this

section,

20

(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—

(a)   

the name referred to in subsection (2)(a),

25

(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

(2)(e),

30

   

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.

(5)   

If a notification is given in accordance with subsection (4) and the event to

35

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

with the date specified—

40

(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.

(7)   

Section 105(4) applies to the determination of—

45

(a)   

any period of 3 days for the purposes of subsection (1), or

 
 

Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders

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(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

105(1).

(8)   

In this section—

(a)   

“prescribed change of circumstances” means any change—

5

(i)   

occurring in relation to any matter in respect of which

information is required to be notified by virtue of section

105(2)(h), and

(ii)   

of a description prescribed by regulations made by the

Secretary of State;

10

(b)   

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

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

prescribed.

(9)   

In this section “qualifying period” means—

(a)   

a period of 7 days, or

15

(b)   

two or more periods, in any period of 12 months, which taken together

amount to 7 days.

107     

Notification requirements: periodic notification

(1)   

An offender subject to notification requirements must, within the applicable

period after each notification date, notify to the police the information

20

mentioned in section 105(2), unless the offender has already given a

notification under section 106(1) within that period.

(2)   

A “notification date” means, in relation to the offender, the date of any

notification given by the offender under section 105(1) or 106(1) or subsection

(1) above.

25

(3)   

Where the applicable period 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 which subsection (4) first

ceases to apply.

(4)   

This subsection applies if the offender is—

30

(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

(d)   

outside the United Kingdom.

(5)   

In this section “the applicable period” means—

35

(a)   

in any case where subsection (6) applies, such period as may be

prescribed by regulations made by the Secretary of State, and

(b)   

in any other case, the period of one year.

(6)   

This subsection applies if the last home address notified by the relevant

offender under section 105(1) or 106(1) or subsection (1) above was the address

40

or location of such a place as is mentioned in section 105(5)(b).

(7)   

Nothing in this section applies to an offender who is subject to an interim

violent offender order.

 
 

 
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