Part 4

Notification requirements

Offences to which this Part applies

Offences dealt with before commencement
43
1
This Part applies to a person dealt with for an offence before the commencement of this Part only if—
a
the offence is on the commencement of this Part within section 41(1) or (2) (offences to which this Part applies: terrorism offences), and
b
immediately before the commencement of this Part the person—
i
is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,
ii
would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or
iii
is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence.
2
In relation to a person dealt with for an offence before the commencement of this Part—
a
any reference in this Part to a sentence or order under a specified statutory provision includes a sentence or order under any corresponding earlier statutory provision;
b
any reference in this Part to a person being or having been found to be under a disability and to have done the act charged against them in respect of an offence includes a reference to their being or having been found—
i
unfit to be tried for the offence,
ii
insane so that their trial for the offence cannot or could not proceed, or
iii
unfit to be tried and to have done the act charged against them in respect of the offence.
S. 43 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)