Part 4

Notification requirements

Offences in relation to notification

Offences relating to notification
54
1
A person commits an offence who—
a
fails without reasonable excuse to comply with—
- section 47 (initial notification),
- section 48 (notification of changes : general),
- section 48A (notification of changes: financial information and information about identification documents),
- section 49 (periodic re-notification),
- section 50(6) (taking of fingerprints or photographs),
- any regulations made under section 52(1) (travel outside United Kingdom), or
- section 56 (notification on return after absence from UK); or
b
notifies to the police in purported compliance with—
- section 47 (initial notification),
- section 48 (notification of changes : general),
- section 48A (notification of changes: financial information and information about identification documents),
- section 49 (periodic re-notification),
- any regulations made under section 52(1) (travel outside United Kingdom), or
- section 56 (notification on return after absence from UK),
any information that the person knows to be false.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.
2A
In the application of this section in England and Wales, the reference in subsection (2)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
3
In the application of subsection (2)(a)—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in Northern Ireland,
for “12 months” substitute “ 6 months ”.
4
A person—
a
commits an offence under subsection (1)(a) above on the day on which the person first fails without reasonable excuse to comply with—
- section 47 (initial notification),
- section 48 (notification of changes : general ),
- section 48A (notification of changes: financial information and information about identification documents),
- section 49 (periodic re-notification),
- any regulations made under section 52(1) (travel outside United Kingdom), or
- section 56 (notification on return after absence from UK), and
b
continues to commit it throughout any period during which the failure continues.
But a person must not be prosecuted under subsection (1) more than once in respect of the same failure.
5
Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.
S. 54 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)
S. 54(1) modified (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 24(6), 27(3)
Word in s. 54(1)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(2)(a)(i)
Words in s. 54(1)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(2)(a)(ii)
Word in s. 54(1)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(2)(b)(i)
Words in s. 54(1)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(2)(b)(ii)
Word in s. 54(4)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(3)(a)
Words in s. 54(4)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 48(3)(b)
S. 54(2A) inserted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 17(2)
S. 54(3)(a) omitted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 17(3)