Part 2

Notification and orders

Offences outside the United Kingdom: notification requirements

Offences outside the United Kingdom: notification requirements
96ZA
1
Where this section applies to a person (“
P
”), P is subject to the notification requirements of this Part for the notification period set out in section 82.
This is subject to sections 96ZB (young offenders: parental notices) and 96ZC (modifications of notification requirements).
2
This section applies to P if P has been given a notice under subsection (3) and that notice has not been cancelled.
3
A constable may give a notice to P if—
a
the conditions in subsections (6), (7) and (8) are met in respect of P, and
b
an officer of at least the rank of inspector has authorised the giving of the notice to P.
4
A notice given to P under subsection (3) must be given to P in person and must contain details of—
a
the notifications that P is required to give under this Part,
b
when those notifications must be given, and
c
where those notifications may be given.
5
A notice given under subsection (3) may be cancelled by a constable giving notice in writing to P in person but such a cancellation must be authorised by an officer of at least the rank of inspector.
6
The first condition is that under the law in force in a country outside the United Kingdom—
a
P has been convicted of a relevant offence (whether or not P has been punished for it),
b
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that P is not guilty by reason of insanity,
c
such a court has made in respect of a relevant offence a finding equivalent to a finding that P is under a disability and did the act charged against P in respect of the offence, or
d
P has been cautioned in respect of a relevant offence.
7
The second condition is that—
a
the first condition is met because of a conviction, finding or caution which occurred on or after 1 September 1997,
b
the first condition is met because of a conviction or finding which occurred before that date, but P was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or
c
the first condition is met because of a conviction or finding which occurred before that date, but on that date P was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).
8
The third condition is that the period set out in section 82 (as it would have effect as modified by section 96ZC(2) and (3) if this section applied to P) in respect of the relevant offence has not expired.
9
In this section and section 96ZC “
relevant offence
” means an act which—
a
constituted an offence under the law in force in the country concerned, and
b
would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.
10
For the purposes of subsection (9)(a), an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.
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
Ss. 96ZA-96ZD and cross-heading inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(2), 208(1); S.I. 2022/1227, reg. 3(b)
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)