C1C2C3C4Part 2Notification and orders
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)
Notification requirements
88GF1Review of indefinite notification requirements: appeals
1
The decision of the relevant chief constable—
a
to make a notification continuation order; and
b
setting the fixed period of the notification continuation order,
may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3).
2
An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.
3
The date is—
a
where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge;
b
where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or
c
where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge.
4
The decision of a sheriff—
a
on an application made under section 88F(1);
b
on appeal made under subsection (1); and
c
in relation to the fixed period of the notification continuation order,
may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision.
5
On an appeal under this section, the sheriff or the sheriff principal may—
a
uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff;
b
make a notification continuation order; or
c
vary the fixed period in that order.
6
Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal.
7
Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.
8
The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if—
a
sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or
b
personally served on the relevant sex offender and relevant chief constable.
9
The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10).
10
The matter is finally determined—
a
where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken;
b
where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or
c
where an appeal is taken—
i
on the disposal of the appeal; or
ii
on its being abandoned.
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