(1)Section 87 of the Sexual Offences Act 2003 (method of notification and related matters) is amended as follows.
(2)For paragraph (a) of subsection (1) substitute—
“(a)attending at the police station in the person’s local police area that is for the time being specified in a document published for that local police area under this section or, if there is more than one such police station, at any one of them, and”.
(3)After subsection (2) insert—
“(2A)The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification under section 83(1), 84(1) or 85(1).
(2B)A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.”
Commencement Information
I1S. 168 not in force at Royal Assent, see s. 208(1)
I2S. 168 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(a)
(1)The Sexual Offences Act 2003 is amended as follows.
(2)After section 96 insert—
(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.
(1)Where the person (“P”) given a notice under section 96ZA is under 18 a constable may also give a notice (a “parental notice”) to a person (“the parent”) with parental responsibility for P.
(2)Subsections (3)(b) to (5) of section 96ZA apply to the giving of a parental notice as if references to P were references to the parent.
(3)If a parental notice has been given to the parent and has not been cancelled or ceased to have effect—
(a)the obligations that would (apart from this subsection) be imposed by virtue of section 96ZA on P are to be treated instead as obligations on the parent, and
(b)the parent must ensure that P attends with them at the police station when a notification under this Part is being given.
(4)The parental notice ceases to have effect when P reaches the age of 18.
(5)If a parental notice is to be given, section 96ZA(4)(a) has effect in relation to the notice given to P as if the reference to the notifications that P is required to give under this Part were a reference to—
(a)the notifications that the parent is required to give under this Part, and
(b)the notifications (if any) that P is required to give under this Part once the parental notice ceases to have effect.
(1)The application of this Part to a person (“P”) to whom section 96ZA applies in respect of a conviction, finding or caution is subject to the modifications set out in this section.
(2)References to the “relevant date”—
(a)in a case where P is within section 96ZA(6)(a), are to the date of the conviction,
(b)in a case where P is within section 96ZA(6)(b) or (c), are to the date of the finding, and
(c)in a case where P is within section 96ZA(6)(d), are to the date of the caution.
(3)In section 82—
(a)references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P;
(b)the reference in the Table to section 80(1)(d) is to be read as a reference to section 96ZA(6)(d);
(c)references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which a notice has been given to P under section 96ZA;
(d)the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences (see section 96ZA(9)).
(4)Section 83 has effect as if after subsection (1) there were inserted—
“(1A)In the case of a relevant offender who is subject to the notification requirements of this Part by virtue of a notice being given to the relevant offender under section 96ZA, the reference in subsection (1) to the period of 3 days beginning with the relevant date (or if later the commencement of this Part) is to be read as a reference to the period of 3 days beginning with the day on which the notice was given to the relevant offender.”
(5)Section 83(4) has effect as if—
(a)for the words “Where a notification order is made” there were substituted “Where a relevant offender is subject to the notification requirements of this Part by virtue of a notice given under section 96ZA”, and
(b)in paragraph (a) for the words “the order was made” there were substituted “the notice was given to the relevant offender”.
(1)A person (“P”) may appeal to a magistrates’ court against the decision to give them a notice under section 96ZA.
(2)The grounds for bringing an appeal under subsection (1) include—
(a)that one or more of the conditions for the giving of the notice were not met in respect of P at the time the notice was given;
(b)that the conviction, finding or caution by reason of which P was given the notice falls within subsection (3).
(3)A conviction, finding or caution falls within this subsection if—
(a)any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights (within the meaning of section 1 of the Human Rights Act 1998) which P would have had if those investigations or proceedings had taken place in the United Kingdom, and
(b)that contravention was such that the conviction, finding or caution cannot be safely relied on for the purposes of meeting the condition in section 96ZA(6).
(4)A person (“the parent”) may appeal to a magistrates’ court against the decision to give them a parental notice under section 96ZB.
(5)The grounds for bringing an appeal under subsection (4) include—
(a)that one or more of the conditions for the giving of a notice under section 96ZA to the person (“P”) for whom the parent has parental responsibility were not met in respect of P at the time the notice under section 96ZA was given;
(b)that the conviction, finding or caution by reason of which P was given a notice under section 96ZA falls within subsection (3);
(c)that one or more of the requirements for giving the parent a parental notice under section 96ZB were not met at the time the parental notice was given.
(6)On an appeal under subsection (1) or (4) a magistrates’ court may cancel or confirm the notice which is the subject of the appeal.”
(3)In section 91(1)(a) (offences relating to notification) for “or 89(2)(b)” substitute “, 89(2)(b) or 96ZB(3)(b)”.
(4)In section 91A(3) (review of indefinite notification requirements) for paragraph (c) substitute—
“(c)a notice given under section 96ZA.”
(5)Omit sections 97 to 103 (notification orders) and section 103G(6) and (7) (notification order made on application for sexual harm prevention order or interim sexual harm prevention order).
(6)In section 133(1) (general interpretation), in the definition of “relevant date” for “98, 100” substitute “, 96ZC”.
(7)Subsection (5) does not affect—
(a)the validity or effect of any order made under section 97 or 100 of the Sexual Offences Act 2003 before the coming into force of this section or the application of Part 2 of that Act to any person in respect of whom such an order was so made;
(b)in respect of an application made under section 97(1) or section 100(2) of that Act before the coming into force of this section—
(i)the determination of such an application, or
(ii)the validity and effect of any order made on such an application or the application of Part 2 of that Act to any person in respect of whom such an order was so made.
(8)The amendments made by subsections (4) and (6) do not apply in respect of any order to which, or any person to whom, subsection (7) applies.
Commencement Information
I3S. 169 not in force at Royal Assent, see s. 208(1)
I4S. 169 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(b)
(1)The Sexual Offences Act 2003 is amended as follows.
(2)In section 97 (notification orders: applications and grounds)—
(a)in subsection (1), in the words before paragraph (a)—
(i)for the words from “A chief officer of police” to “police area” substitute “The chief constable of the Police Service of Scotland (“the chief constable”) may by application to any sheriff”, and
(ii)omit “(“the defendant”)”,
(b)in subsection (1)(a)—
(i)for “him” substitute “the chief constable”, and
(ii)for “defendant” substitute “person”,
(c)in subsection (1)(b)—
(i)for “defendant”, in both places it occurs, substitute “person”,
(ii)for “his police area”, in both places it occurs, substitute “Scotland”, and
(iii)for “chief officer” substitute “chief constable”,
(d)in subsection (2)—
(i)for “he”, in each place it occurs, substitute “the person”, and
(ii)in paragraph (c), for “him” substitute “the person”,
(e)in subsection (5) for “court” substitute “sheriff”, and
(f)after subsection (5) insert—
“(5A)A record of evidence must be kept on any application for an order under this section.
(5B)The clerk of the court by which a notification order under this section is made must cause a copy of the order as so made to be—
(a)given to the person named in the order,
(b)sent to the person by registered post, or
(c)sent to the person by the recorded delivery service,
and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.”
(3)In section 98 (notification orders: effect)—
(a)in subsections (1)(a) and (3)(a) and (c) for “defendant” substitute “person in respect of whom the order has effect”, and
(b)in subsection (1)(b) for “defendant” substitute “person”.
(4)In section 99 (sections 97 and 98: relevant offences), in subsections (3) and (4), for “defendant” substitute “person in respect of whom the order is sought”.
(5)In section 100 (interim notification orders)—
(a)in subsection (2)—
(i)in paragraph (a), omit “the complaint containing”, and
(ii)in paragraph (b), for “by complaint to the court to which that application has been made” substitute “by further application to the sheriff to whom the main application has been made”,
(b)in subsection (5)—
(i)in paragraph (a), for “defendant” substitute “person in respect of whom the order has effect”, and
(ii)in paragraph (b), for “defendant” substitute “person”,
(c)in subsection (7)—
(i)for “defendant” substitute “person in respect of whom the order has effect”, and
(ii)for “complaint” substitute “application”, and
(d)after subsection (7) insert—
“(7A)A record of evidence must be kept on any application for an order under this section.
(7B)The clerk of the court by which an interim notification order is made, varied, renewed or discharged under this section must cause a copy of, as the case may be—
(a)the order as so made, varied or renewed, or
(b)the interlocutor by which discharge is effected,
to be given to the person named in the order or to be sent to the person in accordance with subsection (7C).
(7C)A copy of the order may be sent to the person named in the order—
(a)by registered post, or
(b)by the recorded delivery service,
and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.”
(6)Omit sections 101 (notification orders and interim notification orders: appeals in England and Wales) and 103 (sections 97 to 100: Scotland).
Commencement Information
I5S. 170 not in force at Royal Assent, see s. 208(1)
I6S. 170 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(c)