Part 2

Notification and orders

Notification requirements

Persons formerly subject to Part 1 of the Sex Offenders Act 1997
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1
A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—
a
he was convicted of an offence listed in Schedule 3;
b
he was found not guilty of such an offence by reason of insanity;
c
he was found to be under a disability and to have done the act charged against him in respect of such an offence; or
d
in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.
2
Subsection (1) does not apply if the notification period ended before the commencement of this Part.
3
Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—
a
had not been dealt with in respect of the offence;
b
was serving a sentence of imprisonment . . . , or was subject to a community order, in respect of the offence;
c
was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or
d
was detained in a hospital or was subject to a guardianship order, following the conviction.
4
Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—
a
had not been dealt with in respect of the finding; or
b
was detained in a hospital, following the finding.
5
Subsection (1)(d) does not apply to a caution given before 1st September 1997.
6
A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision.
7
Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect.
8
The provisions are—
a
section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);
b
section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);
c
section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);
d
section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);
e
Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);
f
Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).
S. 81(3)(b) repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 206, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)