Part 2

Notification and orders

Notification requirements

Certificates for purposes of Part 2
92
1
Subsection (2) applies where on any date a person is—
a
convicted of an offence listed in Schedule 3;
b
found not guilty of such an offence by reason of insanity; or
c
found to be under a disability and to have done the act charged against him in respect of such an offence.
2
If the court by or before which the person is so convicted or found—
a
states in open court—
i
that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and
ii
that the offence in question is an offence listed in Schedule 3, and
b
certifies those facts, whether at the time or subsequently,
the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
3
Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.
4
If the constable—
a
informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and
b
certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,
the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
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)