2013 No. 196
High Court Of Justiciary
Sheriff Court
Justice Of The Peace Court

Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) (Notification Requirements) 2013

Made
Laid before the Scottish Parliament
Coming into force in accordance with paragraphs 1(2) and (3)
The Lord Justice General, the Lord Justice Clerk and Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 19951 and of all other powers enabling them in that behalf do hereby enact and declare:

Citation, commencement etc.1.

(1)

This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) (Notification Requirements) 2013.

(2)

Subject to subparagraph (3) it comes into force on the day after the day on which the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 20132 are made.

(3)

Paragraph 3 comes into force on the day on which section 102(1) and (2) (sex offender notification requirements) of the Criminal Justice and Licensing (Scotland) Act 20103 comes fully into force.

(4)

A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.

(5)

The Criminal Procedure Rules 19964 are amended in accordance with the following paragraphs.

Travel Notification Requirements2.

In the appendix, in Form 20.3A-B5, in the paragraph starting “Notify the police 7 days in advance” omit “for a period of 3 days or longer.”

Periodic notification requirement for relevant offenders who have no sole or main residence in the United Kingdom3.

In the appendix, in Form 20.3A-B, at the end of the paragraph starting “Notify the police of your details every 12 months” insert “or, if you have no sole or main residence in the UK, every 7 days”.

BRIAN GILL
Lord Justice General
I.P.D.

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Criminal Procedure Rules 1996.

Paragraphs 2 and 3 amend the form of notice of requirement to notify the police under Part 2 of the Sexual Offences Act 2003. The changes include new requirements to notify details of all travel outside the UK and a new notification period of 7 days for offenders who have no sole or main residence in the UK. The changes are consequential upon amendments made to the Sexual Offences Act 2003 (Travel Notification Requirements) (Scotland) Regulations 2004 by the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2013 and changes to the applicable period for the purpose of section 85(5)(a) of the 2003 Act.