Counter-Terrorism Act 2008

Counter-Terrorism Act 2008

2008 CHAPTER 28

Commentary on Sections

Part 4 – Notification Requirements

Supplementary provisions

Section 61 – References to a person being “dealt with” for an offence

175. Section 61 defines what is meant by the various references in Part 4 to a person or an offence being “dealt with”.

176. Generally, this term is to mean when the court of first instance sentences a person or makes the person subject to a hospital order in respect of the offence (subsections (1) ,(2) and (4)).

177. However, subsection (3) makes provision for circumstances where the original decision is varied (for example the original sentence being altered, set aside or quashed (subsection (7))). Where a conviction for a different offence is substituted and the conditions for the application of the notification requirements are also met in respect of that substitution, the person will be treated as if they had been dealt with at the time of the original decision. Otherwise, if the result of the variation is that the sentence threshold is not met, the notification requirements will be treated as never having applied; and if the sentence meets the threshold for the first time, the notification requirements will apply from the date of the variation. If the sentence is varied across one of the sentence thresholds for the notification periods that apply to adults, the notification period will be adjusted accordingly. Subsections (5) and (6) set out how the term “dealt with” is to be interpreted in the provisions relating to offences dealt with prior to commencement.