Explanatory Memorandum

Justice Act (Northern Ireland) 2015

2015 CHAPTER 9

24 July 2015

Commentary on Sections

Part 8: Violent Offences Prevention Orders

Notification requirements

Section 70: Method of notification and related matters

This section establishes how notification is to be made.  It stipulates that the person must notify the police of the required information by attending a police station prescribed in regulations made by the Department under section 87(1)(a) of the Sexual Offences Act 2003.  The information should be given orally and must be acknowledged by police in writing.  It also allows police to take the person’s fingerprints and photograph for verification purposes, as may be required.

It also provides that where the relevant fingerprints taken provide a complete and up to date set of fingerprints and are of better quality than those held for the offender under the Police and Criminal Evidence (Northern Ireland) Order 1989, those taken for the purpose of notification can be retained by police for the individual.  The fingerprints of poorer quality must be destroyed.

It stipulates that photographs taken for notification purposes are destroyed once the offender ceases to be subject to notification requirements, but allows the Chief Constable to apply to the court for an extension of photograph retention for a period of two years, following the end of the notification period. The Chief Constable and the offender can appeal against a court order given to extend the period of retention, or a refusal by the court to make an order.