Section 9: Offences
Subsections (1) to (3)
63.Subsection (1) provides that an individual is guilty of an offence if he breaches, without reasonable excuse, an obligation imposed on him by a control order. Subsection (2) creates an offence in connection with a failure, without reasonable excuse, to report to a specified person when first returning to the UK as required by the terms of a control order, when the order has ceased to have effect. Subsection (3) provides that any individual is guilty of an offence if he intentionally obstructs a person delivering a notice setting out the terms of the control order in accordance with section 7(9).
Subsections (4) to (10)
64.Subsection (4) provides that a person who is guilty of an offence under section 9(1) or 9(2) will be liable on conviction on indictment to a prison sentence of up to 5 years or a fine and (in England and Wales) on summary conviction to a prison sentence of up to 12 months or a fine. On summary conviction in Scotland and Northern Ireland a person is liable to a prison sentence of up to 6 months or a fine. Subsection (5) contains transitional provisions in relation to subsection (4) since pending the bringing into force of Section 154(1) of the Criminal Justice Act 2003 the maximum available sentence is 6 months.
65.Subsection (6) provides that where an individual is convicted of an offence under section 9(1) or (2) it is not to be open to the court in England and Wales to make a conditional discharge order. It also makes similar provisions for the other jurisdictions.
66.Subsection (7) provides that a person who is guilty of an offence under section 9(3) shall be liable upon summary conviction, in England and Wales, to a prison sentence of up to 51 weeks or a fine. In Scotland and Northern Ireland summary conviction will lead to a prison sentence of up to 6 months or a fine. Subsection (8) contains transitional provisions relating to subsection (7) since pending the bringing into force of section 281(5) of the Criminal Justice Act 2003, the maximum available sentence is 6 months.
67.Subsections (9) and (10) provide that the new offence of obstructing the service of a control order is an arrestable offence (not requiring a warrant).
