Schedule 5 (which amends the Sex Offenders Act 1997 in respect of persons who are subject to the notification requirements of that Act to make provision, in particular, for—
(a)altering the requirements,
(b)increasing penalties,
(c)enabling courts to make restraining orders, and
(d)improving the information held about such persons),
is to have effect.
Commencement Information
I1S. 66 wholly in force at 1.6.2001; s. 66 not in force at Royal Assent see s. 80; s. 66 in force for specified purposes (E.W.N.I.) at 2.5.2001 by S.I. 2001/1651, art. 2(a); s. 66 in force (S.) at 31.5.2001 by S.S.I. 2001/166, art. 3; s. 66 in force (E.W.N.I.) insofar as not already in force at 1.6.2001 by S.I. 2001/1651, art. 2(b)
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Textual Amendments
F1S. 67 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 12; S.I. 2004/829, art. 2(1)(2)(l)(v) (with art. 2(5))
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Textual Amendments
F2S. 68 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 12; S.I. 2004/829, art. 2(1)(2)(l)(v)
(1)This section applies in a case where a court—
(a)convicts an offender of a sexual or violent offence, and
(b)imposes a relevant sentence on him in respect of that conviction.
(2)In cases where this section applies, the local probation board for the area in which the offender is sentenced must take all reasonable steps to ascertain whether any appropriate person wishes to—
(a)make representations about whether the offender should be subject to any conditions or requirements on his release and, if so, what conditions or requirements, or
(b)receive information about any conditions or requirements to which the offender is to be subject on his release.
(3)In this section, “appropriate person”, in relation to an offence, means any person who appears to the local probation board in question to be, or to act for, the victim of the offence (“the victim”).
(4)Where it is ascertained that an appropriate person wishes to make representations in accordance with paragraph (a) of subsection (2), the relevant local probation board must forward those representations to the person responsible for determining the matters mentioned in that paragraph.
(5)Where it is ascertained that an appropriate person wishes to receive information in accordance with subsection (2)(b), the relevant local probation board must take all reasonable steps—
(a)to inform that person whether or not the offender is to be subject to any conditions or requirements on his release,
(b)if the offender is to be subject to any such conditions or requirements, to provide that person with details of any conditions or requirements which relate to contact with the victim or his family, and
(c)to provide that person with such other information as is considered by that local probation board to be appropriate in all the circumstances of the case.
(6)For the purposes of subsections (4) and (5), “relevant local probation board” means—
(a)where the offender is to be supervised on release by an officer of a local probation board, that local probation board,
(b)in any other case, the local probation board for the area in which the prison or other place of detention from which the offender is to be released is situated.
(7)In this section—
“conditions” means conditions in a licence,
“court” does not include a court-martial or the Courts-Martial Appeal Court,
“relevant sentence” means—
a sentence of imprisonment for a term of 12 months or more,
a sentence of detention in a young offender institution for a term of 12 months or more,
a sentence of detention during Her Majesty’s pleasure,
a sentence of detention for a period of 12 months or more under section 91 of the M1Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), or
a detention and training order for a term of 12 months or more,
“requirements” means requirements specified in a notice under section 65(5) of the M2Criminal Justice Act 1991 (requirements imposed in connection with supervision of young offenders after release).
(8)An offence is a sexual or violent offence for the purposes of this section if it is—
(a)a sexual or violent offence within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000,
(b)an offence in respect of which the offender is subject to the notification requirements of Part I of the M3Sex Offenders Act 1997, or
(c)an offence against a child within the meaning of Part II of this Act.
(9)This section has effect in relation to cases where the relevant sentence is imposed after the section comes into force.