Prospective
After section 83 of the Sexual Offences Act 2003 insert—
(1)A relevant offender must notify a new name to the police—
(a)no less than 7 days before using it, or
(b)if that is not reasonably practicable, but it is reasonably practicable for the offender to notify the name to the police before using it, as far in advance of their using it as is reasonably practicable.
(2)Where it is not reasonably practicable for the offender to notify a new name to the police before using it, the offender must notify the name to the police—
(a)as soon as reasonably practicable after using the name, and
(b)in any event within the period of 3 days beginning with their using it.
(3)A notification under subsection (1) must specify the date on which the offender expects to use the name.
(4)Subsection (5) applies where—
(a)a notification is given under subsection (1), and
(b)the name to which it relates is used more than 2 days before the date specified in the notification.
(5)Where this subsection applies the relevant offender must notify the name to the police—
(a)as soon as reasonably practicable after using the name, and
(b)in any event within the period of 3 days beginning with their using it.
(6)Subsection (7) applies where—
(a)a notification is given under subsection (1), and
(b)the name to which it relates has not been used by the end of the period of 3 days beginning with the date specified in the notification.
(7)Where this subsection applies—
(a)subsections (1) and (2) apply as if the notification had not been given, and
(b)the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police that the name was not used by the end of the period mentioned in subsection (6)(b).
(8)Section 83(6) applies to the determination of the period of 3 days mentioned in subsections (2) and (5) and the period of 6 days mentioned in subsection (7), as it applies to the determination of the period in section 83(1).
(9)A notification under subsection (1), (2) or (5) must include the information set out in section 83(5).
(10)In this section, a name is “new” unless it has been notified to the police under section 83(1), this section, section 84, or section 2 of the Sex Offenders Act 1997.”
Commencement Information
I1S. 118 not in force at Royal Assent, see s. 255(7)
(1)After section 85 of the Sexual Offences Act 2003 insert—
(1)This section applies to a relevant offender at any time if the last home address notified by the offender under section 83(1), 83A, 84(1) or 85(1) was an address in England, Wales or Scotland such as is mentioned in section 83(7)(a) (sole or main residence).
(2)If the relevant offender intends to be absent from that home address for a period of more than 5 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).
(3)The information is—
(a)the date on which the relevant offender will leave that home address;
(b)such details as the relevant offender holds about—
(i)their travel arrangements during the relevant period;
(ii)their accommodation arrangements during that period;
(iii)their date of return to that home address.
(4)In this section—
“accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation;
“travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel.
(5)Where—
(a)a relevant offender has given a notification under subsection (2), and
(b)at any time not less than 12 hours before the offender leaves their home address, the information notified becomes inaccurate or incomplete,
the relevant offender must give a further notification under subsection (2).
(6)Where a relevant offender—
(a)has notified a date of return to their home address, but
(b)returns to their home address on a date other than that notified,
the relevant offender must notify the date of their actual return to the police within 3 days of their actual return.
(7)Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86.
(8)The appropriate authority may by regulations amend subsection (2) so as to change the duration of the relevant period, provided that the relevant period is at least 5 days.
(9)In subsection (8) the “appropriate authority” means—
(a)in relation to a relevant offender whose last home address notified under section 83(1), 83A, 84(1) or 85(1) was an address in England or Wales such as is mentioned in section 83(7)(a), the Secretary of State;
(b)in relation to a relevant offender whose last home address notified under section 83(1), 83A, 84(1) or 85(1) was an address in Scotland such as is mentioned in section 83(7)(a), the Scottish Ministers.”
(2)In section 85A of the Sexual Offences Act 2003 (notification requirements: absence from notified residence (Northern Ireland)), after subsection (7) insert—
“(7A)The Department of Justice in Northern Ireland may by regulations amend subsection (2) so as to change the duration of the relevant period, provided that the relevant period is at least 3 days.”
Commencement Information
I2S. 119 not in force at Royal Assent, see s. 255(7)
After section 86 of the Sexual Offences Act 2003 insert—
(1)A relevant offender is subject to the requirements in section 86B if—
(a)the offender is a child sex offender, or
(b)a chief officer of police has given the offender a notice stating that the offender is subject to the requirements in section 86B, and the notice has not been cancelled.
(2)A chief officer of police may give a relevant offender a notice under subsection (1)(b) if, when the notice is given, the chief officer—
(a)is the chief officer of police for the offender’s relevant police area, and
(b)is satisfied that it is necessary to give the notice for the purpose of protecting children generally, or particular children, from sexual harm from the offender.
(3)A notice under subsection (1)(b) must indicate that an appeal may be made under section 86D against the decision to give the notice.
(4)“Child sex offender” means a person who—
(a)has been convicted of a child sex offence (see subsections (5) and (6)),
(b)has been found not guilty of such an offence by reason of insanity,
(c)has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or
(d)in England or Wales or Northern Ireland, has been cautioned in respect of such an offence.
(5)An offence is a child sex offence if it is within any of the following paragraphs of Schedule 3—
(a)paragraphs 2 to 6, 9 to 16, 19 (where the offence is under section 5 or 6 of this Act), 20 to 26, 28A to 29C, or 35B to 35E (England and Wales);
(b)paragraphs 38B, 39B, 41A, 42, 44 (where it applies by virtue of paragraph 44(a)), 45, 46, 46A, 49 to 55, 57, 59A to 59C, 59O to 59ZK or 59ZM (Scotland);
(c)paragraphs 64, 65, 69 to 72, 75 to 79, 82 to 85, 87 to 89C, 92D (where the offence is under Article 12 or 13 of the Sexual Offences (Northern Ireland) Order 2008), 92E to 92OA, or 92X to 92Z (Northern Ireland);
(d)paragraph 93 or 93A (service offences), where the corresponding offence is within paragraph (a).
(6)An offence is a child sex offence if—
(a)it is within paragraph 35A, 44A or 92A of Schedule 3 and the extreme pornographic image to which the offence related was an image of a person under 18,
(b)it is within paragraph 93 or 93A of Schedule 3 (service offences) and the corresponding offence is within paragraph (a), or
(c)it is within any paragraph of Schedule 3 not within subsection (5) or paragraph (a) or (b) of this subsection, and the victim or (as the case may be) other party was a person under 18.
(7)References in this section to an offence being within a paragraph of Schedule 3 are to be read with paragraphs 94 to 98 of that Schedule.
(8)For the purposes of sections 86B to 86D—
“section 86A notice” means a notice given to a relevant offender under subsection (1)(b);
“section 86B relevant offender” means a relevant offender who is subject to the requirements in that section.
(1)A section 86B relevant offender must notify the required information to the police no less than 12 hours before entering qualifying premises at which children are present.
(2)“The required information” means—
(a)the address of the premises,
(b)the date on which the offender is to enter the premises, and
(c)such other information as the appropriate authority may specify in regulations.
(3)“Qualifying premises” means premises of a kind specified in regulations made by the appropriate authority.
(4)The appropriate authority may by regulations provide for circumstances in which an offender who has given a notification under subsection (1) is not required to give a further notification in relation to the same premises or children.
(5)Subsection (6) applies where—
(a)a notification is given under subsection (1), and
(b)the offender has not entered the premises by the end of the date specified in the notification.
(6)Where this subsection applies—
(a)subsection (1) applies as if the notification had not been given, and
(b)the relevant offender must, within the period of 6 days beginning with the date specified in the notification, notify to the police that the offender did not enter the premises on that date.
(7)Section 83(6) applies to the period of 6 days mentioned in subsection (6)(b) as it applies to the determination of the period mentioned in section 83(1).
(8)In this section the “appropriate authority” means—
(a)in relation to an offender whose relevant police area is a police area in England and Wales, the Secretary of State;
(b)in relation to an offender whose relevant police area is Scotland, the Scottish Ministers;
(c)in relation to an offender whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland.
(1)This section applies to a section 86B relevant offender who has been given a section 86A notice which has not been cancelled.
(2)In this section the “review date” means—
(a)the end of the period of 12 months beginning with the day on which the notice was given to the offender, and
(b)the end of each successive period of 12 months.
(3)The offender may, within the period of one month ending with each review date, make representations to the appropriate chief officer about the notice.
(4)The appropriate chief officer must, before the start of the period mentioned in subsection (3), notify the offender of their right to make representations under that subsection.
(5)As soon as reasonably practicable after each review date, the appropriate chief officer must—
(a)consider any representations made under subsection (3) about the notice,
(b)decide whether to cancel the notice, and
(c)give notice of the decision (a “decision notice”) to the offender.
(6)The appropriate chief officer may cancel the section 86A notice only if not satisfied as mentioned in section 86A(2)(b).
(7)If the appropriate chief officer decides that the section 86A notice should not be cancelled, the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made against the decision under section 86D.
(8)In this section the “appropriate chief officer”, in relation to an offender at any time, means the chief officer of police for the offender’s relevant police area at that time.
(1)A section 86B relevant offender may appeal to the appropriate court against a decision—
(a)to give the offender a section 86A notice;
(b)not to cancel a section 86A notice which has been given to the offender (see section 86C).
(2)An appeal under this section may be made by complaint (or, in Scotland, by application) to the appropriate court within the period of 21 days beginning with—
(a)in the case of an appeal under subsection (1)(a), the day on which the section 86A notice is given to the offender;
(b)in the case of an appeal under subsection (1)(b), the day on which notice of the decision is given to the offender.
(3)On an appeal under subsection (1)(a) the appropriate court may confirm or cancel the notice which is the subject of the appeal.
(4)On an appeal under subsection (1)(b) the appropriate court may—
(a)confirm the decision, or
(b)remit the decision for reconsideration by the person who made it with such directions (if any) as the court considers appropriate.
(5)In this section the “appropriate court” means—
(a)in relation to an appeal against a decision of a chief officer of police for a police area in England or Wales, any magistrates’ court in a local justice area which includes any part of the officer’s police area;
(b)in relation to an appeal against a decision of the chief constable of the Police Service of Scotland, a sheriff court;
(c)in relation to an appeal against a decision of the Chief Constable of the Police Service of Northern Ireland, a court of summary jurisdiction.”
Commencement Information
I3S. 120 not in force at Royal Assent, see s. 255(7)
(1)Section 87 of the Sexual Offences Act 2003 (method of notification and related matters) is amended as follows.
(2)In subsection (1), for paragraph (a) substitute—
“(a)attending at the police station in the person’s relevant police area that is for the time being specified in a document published for that relevant 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 of the kind mentioned in subsection (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
I4S. 121 not in force at Royal Assent, see s. 255(7)
After section 87 of the Sexual Offences Act 2003 insert—
(1)A person (“P”) may give a notification under section 83A, 84, 85(1), 85ZA, 85A(2) or (6) or 86B virtually if—
(a)conditions 1 to 3 are met, and
(b)any further conditions specified by the appropriate authority in regulations are met.
(2)Condition 1 is that—
(a)a senior police officer has given P a notice authorising P to give notifications of the kind mentioned in subsection (1) virtually, and
(b)the notice has not been cancelled.
(3)A senior police officer may give P a notice under subsection (2)(a) only if satisfied that it is not necessary, for the purpose of protecting the public or any particular members of the public from sexual harm, for P to give those notifications in accordance with section 87.
(4)A senior police officer—
(a)may, by giving P a further notice, cancel the notice under subsection (2)(a), and
(b)must do so if not satisfied as mentioned in subsection (3).
(5)“Senior police officer” means a constable of at least the rank of inspector who is authorised to give notices under this section by the chief officer of police for P’s relevant police area at the time the notice is given.
(6)Condition 2 is that the notification does not relate to a matter specified by the appropriate authority in regulations.
(7)Condition 3 is that the notification is given to a person who is authorised to receive virtual notifications by the chief officer of police for P’s relevant police area at the time the notification is given.
(8)A notification is given virtually if it is given by a means which enables P and the person receiving the notification to see and hear each other without being together in the same place.
(9)The conditions which may be specified in regulations under subsection (1)(b) include further conditions about the means of giving the notification.
(10)A notification given in accordance with this section must be acknowledged in writing, in such form as the appropriate authority may direct.
(11)Nothing in this section prevents P giving a notification in accordance with section 87(1).
(12)In this section the “appropriate authority” means—
(a)in relation to a person whose relevant police area is a police area in England or Wales, the Secretary of State;
(b)in relation to a person whose relevant police area is Scotland, the Scottish Ministers;
(c)in relation to a person whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland.
(1)Where a person (“P”) gives a notification in accordance with section 87A P must, if requested to do so by the person to whom it is given—
(a)attend at a relevant police station, and
(b)comply with the requirements in subsections (2) and (3).
(2)Where the police station at which P attends is in England, Wales or Northern Ireland, the requirements are that P must allow a relevant person to—
(a)take P’s fingerprints,
(b)photograph any part of P, or
(c)do both of those things.
(3)Where the police station at which P attends is in Scotland, the requirements are that P must—
(a)do one or more of the things mentioned in section 87(5A)(a) to (d),
(b)give each passport P has to a relevant person for inspection by that person, or
(c)do both of those things.
(4)In this section—
(a)“relevant police station” means a police station at which P may give a notification in accordance with section 87(1);
(b)“relevant person” means a person at that police station to whom P may give such a notification.”
Commencement Information
I5S. 122 not in force at Royal Assent, see s. 255(7)
(1)The Sexual Offences Act 2003 is amended as follows.
(2)In section 91A (review of indefinite notification requirements: qualifying relevant offender) after subsection (1) insert—
“(1A)The relevant chief officer of police may, without an application for review having been made, consider whether a qualifying relevant offender should remain subject to the indefinite notification requirements (referred to in sections 91A to 91F as an “own motion review”).”
(3)After section 91E insert—
(1)The relevant chief officer of police may begin an own motion review on, or at any time after, the qualifying date.
(2)The “qualifying date” has the same meaning in this section as in section 91B.
(3)The relevant chief officer of police begins an own motion review by notifying the qualifying relevant offender that the relevant chief officer of police is considering whether the qualifying relevant offender should remain subject to the indefinite notification requirements.
(4)The notification must inform the qualifying relevant offender of their right to make representations under subsection (5).
(5)The qualifying relevant offender may make representations to the relevant chief officer of police within 35 days of receipt of the notification.
(6)The relevant chief officer of police may within 7 days of beginning an own motion review notify a responsible body that they are beginning an own motion review.
(7)If the responsible body holds information which it considers to be relevant to the review, it must give the information to the relevant chief officer of police within 28 days of receipt of the notification.
(1)On an own motion review the relevant chief officer of police must, within 6 weeks of the date mentioned in subsection (2)—
(a)determine whether the qualifying relevant offender should remain subject to the indefinite notification requirements, and
(b)give notice of the determination to the qualifying relevant offender.
(2)The date is the latest date on which the qualifying relevant offender may make representations under section 91EA(5).
(3)The relevant chief officer of police may determine that the qualifying relevant offender should not remain subject to the indefinite notification requirements only if satisfied that it is not necessary, for the purpose of protecting the public or any particular members of the public from sexual harm, for the qualifying relevant offender to remain subject to the indefinite notification requirements.
(4)If the relevant chief officer of police determines that the qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.
(5)If the relevant chief officer of police determines that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of determination must—
(a)contain a statement of reasons for the determination, and
(b)inform the qualifying relevant offender that they may appeal the determination in accordance with section 91ED.
(6)The Secretary of State may by regulations amend the period in subsection (1).
In determining an own motion review under section 91EB, the relevant chief officer of police must—
(a)have regard to the representations (if any) made by the qualifying relevant offender,
(b)have regard to the information (if any) received from a responsible body,
(c)consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender, and
(d)take into account the matters listed in section 91D(2).
(1)A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91EB(5).
(2)An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.
(3)A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.
(4)If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.”
(4)After section 91F insert—
A relevant offender who is discharged from the notification requirements of this Part under—
(a)sections 88A to 88H (discharge from indefinite notification requirements in Scotland), or
(b)Schedule 3A (discharge from indefinite notification requirements in Northern Ireland),
is, by virtue of the discharge, also discharged from the notification requirements of this Part as they apply in England and Wales.”
Commencement Information
I6S. 123 not in force at Royal Assent, see s. 255(7)
In Schedule 3A to the Sexual Offences Act 2003 (discharge from indefinite notification requirements in Northern Ireland) after paragraph 6 insert—
6A(1)The Chief Constable may, without an application having been made by the offender, consider whether to discharge the offender from the notification requirements (referred to in this Schedule as an “own motion review”).
(2)The Chief Constable may begin an own motion review at any time after the end of the initial review period (within the meaning of paragraph 2).
(3)Sub-paragraph (1) does not apply at any time when—
(a)the offender is also subject to a sexual offences prevention order or an interim sexual offences prevention order, or
(b)the offender is also subject to the notification requirements for a fixed period which has not expired.
(4)The Chief Constable begins an own motion review by serving notice on the offender that the Chief Constable is considering whether to discharge the offender from the notification requirements.
(5)The notice must inform the offender of their right to make representations under sub-paragraph (6).
(6)The offender may make representations to the Chief Constable within 35 days of the date of service of the notice.
(7)The Chief Constable may, before determining an own motion review, request information from any body or person which the Chief Constable considers appropriate.
6B(1)On an own motion review the Chief Constable must discharge the notification requirements unless the Chief Constable is satisfied—
(a)that the offender poses a risk of sexual harm, and
(b)that the risk is such as to justify the notification requirements continuing in the interests of the prevention or investigation of crime or the protection of the public.
(2)In deciding whether that is the case, the Chief Constable must—
(a)have regard to the representations (if any) made by the offender,
(b)have regard to the information (if any) received under paragraph 6A(7), and
(c)take into account the matters listed in paragraph 3(2).
(3)The functions of the Chief Constable under this paragraph may not be delegated by the Chief Constable except to a police officer not below the rank of superintendent.
6C(1)The Chief Constable must, within 12 weeks of the date mentioned in sub-paragraph (2), comply with this paragraph.
(2)The date is the latest date on which the offender may make representations under paragraph 6A(6).
(3)If the Chief Constable discharges the notification requirements—
(a)the Chief Constable must serve notice of that fact on the offender, and
(b)the offender ceases to be subject to the notification requirements on the date of service of the notice.
(4)If the Chief Constable decides not to discharge the notification requirements—
(a)the Chief Constable must serve notice of that decision on the offender, and
(b)the notice must—
(i)state the reasons for the decision, and
(ii)state the effect of paragraphs 6D and 6.
(5)The Department of Justice may by regulations amend the period in sub-paragraph (1).
6D(1)Where—
(a)the Chief Constable fails to comply with paragraph 6C within the period specified in paragraph 6C(1), or
(b)the Chief Constable serves a notice under paragraph 6C(4),
the offender may apply to the Crown Court for an order discharging the offender from the notification requirements.
(2)An application under this paragraph must be made within the period of 21 days beginning—
(a)in the case of an application under sub-paragraph (1)(a), on the expiry of the period specified in paragraph 6C(1);
(b)in the case of an application under sub-paragraph (1)(b), with the date of service of the notice under paragraph 6C(4).
(3)Paragraph 6B applies in relation to an application under this paragraph as it applies to an own motion review, but as if references to the Chief Constable were references to the Crown Court.
(4)The Chief Constable and the offender may appear or be represented at any hearing in respect of an application under this paragraph.
(5)If on an application under this paragraph the Crown Court makes an order discharging the offender from the notification requirements, the appropriate officer of the Crown Court must send a copy of the order to the offender and the Chief Constable.
(6)If on an application under this paragraph the Crown Court refuses to make an order discharging the offender, the appropriate officer of the Crown Court must send notice of that refusal to the offender and the Chief Constable.”
Commencement Information
I7S. 124 not in force at Royal Assent, see s. 255(7)
(1)After section 93 of the Sexual Offences Act 2003 insert—
(1)A relevant offender is subject to the restriction in section 93B(1) if a chief officer of police has given the offender a notice stating that the offender is subject to that restriction, and the notice has not been cancelled.
(2)A chief officer of police may give an offender a notice under subsection (1) only if, when the notice is given, the chief officer—
(a)is the chief officer of police for the offender’s relevant police area, and
(b)is satisfied that it is necessary to give the notice for the purpose of—
(i)protecting the public or any particular members of the public from sexual harm from the offender, or
(ii)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.
(3)A notice under subsection (1) must indicate that an appeal may be made under section 93G against the decision to give the notice.
(4)For the purposes of sections 93B to 93G—
the “appropriate authority”means—
in relation to an offender whose relevant police area is in England and Wales, the Secretary of State;
in relation to an offender whose relevant police area is Scotland, the Scottish Ministers;
in relation to an offender whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland;
the “appropriate chief officer”, in relation to an offender at any time, means the chief officer of police for the offender’s relevant police area at that time;
“section 93A notice” means a notice given to a relevant offender under subsection (1);
“section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1).
(1)A section 93B relevant offender who holds, or has held, an identity document of a particular type must not apply for an identity document of that type to be issued to the offender in a new name unless authorised to do so under section 93C.
(2)For the purposes of subsection (1) an offender’s name is “new”, in relation to an identity document of a particular type, if the identity document of that type most recently issued to the offender was not in that name.
(3)A person who fails, without reasonable excuse, to comply with subsection (1) commits an offence.
(4)A person who commits an offence under subsection (3) is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);
(d)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(5)For the purposes of this section and section 93C—
(a)“identity document” means a document falling within subsection (6);
(b)an identity document is of the same type as another identity document if both documents fall within the same paragraph of subsection (6) (or, in the case of an identity document within subsection (6)(d), if the document is a document of the same kind as a kind of document specified in regulations).
(6)A document falls within this subsection if it is—
(a)an immigration document (within the meaning given by section 7(2) of the Identity Documents Act 2010);
(b)a United Kingdom passport (within the meaning of the Immigration Act 1971);
(c)a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));
(d)a document of a kind specified in regulations made by the appropriate authority for the purposes of this section.
(7)Before making regulations under subsection (6)(d), an appropriate authority must consult each other appropriate authority.
(1)A section 93B relevant offender who holds, or has held, an identity document of a particular type may apply to the appropriate chief officer for authorisation to apply for an identity document of that type to be issued to the offender in a new name.
(2)The application must—
(a)be in writing,
(b)specify the type of identity document that is being applied for and the name in which it is to be issued, and
(c)include such other information, or be accompanied by such documents, as the appropriate authority may specify in regulations.
(3)The appropriate chief officer must, within four weeks of receiving the application—
(a)decide whether to grant or refuse authorisation, and
(b)give notice of the decision (a “decision notice”) to the applicant.
(4)In deciding whether to grant or refuse authorisation, the officer must have regard to any guidance issued under section 93H.
(5)The officer may grant authorisation only if conditions 1 and 2 are met.
(6)Condition 1 is that the officer is satisfied that—
(a)the offender is using the new name for reasons connected with—
(i)the offender’s marriage to, or civil partnership with, another person, or
(ii)the offender’s religion or belief,
(b)any conditions specified in regulations made by the appropriate authority for the purposes of this section are met, or
(c)there are exceptional circumstances that justify granting authorisation.
(7)Condition 2 is that the officer does not consider it necessary to refuse authorisation for the purpose of—
(a)protecting the public or any particular members of the public from sexual harm from the offender, or
(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.
(8)If the officer refuses authorisation—
(a)the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made under section 93G against the decision, and
(b)a further application under subsection (1) may not be made in relation to an identity document of the same type before the end of the period of one year beginning with the date on which the decision notice is given.
(9)Before making regulations under this section, an appropriate authority must consult each other appropriate authority.
(10)In subsection (6)—
(a)“religion” means any religion;
(b)a reference to religion includes a reference to a lack of religion;
(c)“belief” means any religious or philosophical belief;
(d)a reference to belief includes a reference to a lack of belief.
(1)Where a section 93B relevant offender is granted authorisation under section 93C, the authorisation has effect for the period of one year beginning with the day on which notice of the decision to grant the authorisation is given to the offender.
(2)But the appropriate chief officer may cancel the authorisation before the end of that period by giving notice to the offender.
(3)The officer may cancel the authorisation only if the officer considers that either or both of the conditions mentioned in section 93C(5) are not met.
(4)A notice under subsection (2) must indicate that an appeal may be made under section 93G against the decision to cancel the authorisation.
(1)Where a section 93B relevant offender is under 18, the appropriate chief officer may give written notice (a “parental notice”) to a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) the offender.
(2)If a parental notice has been given to a person by a chief officer of police and it has not expired, sections 93B(1) and 93C(1) have effect as if after “particular type” (in both places) there were inserted “, or a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) such an offender who has been given a notice under section 93E,”.
(3)A parental notice expires when the offender reaches the age of 18.
(4)Where a parental notice is given by the chief constable of the Police Service of Scotland, the references in subsections (1) and (3) to 18 are to be read as references to 16.
(1)As soon as reasonably practicable after each review date, the appropriate chief officer must review a section 93A notice with a view to determining whether it should be cancelled.
(2)The “review date”, in relation to a section 93A notice, is—
(a)the end of the period of 12 months beginning with the date on which the notice is given, and
(b)the end of each successive period of 12 months.
(3)In carrying out their review, the appropriate chief officer must consider any representations made during the consultation period by the offender to whom the notice was given.
(4)Before the start of the consultation period, the appropriate chief officer must notify the offender of their right to make representations during that period.
(5)In subsections (3) and (4) the “consultation period” means the period of one month ending with the review date.
(6)After completing their review, the appropriate chief officer must—
(a)decide whether to cancel the section 93A notice, and
(b)give notice of the decision (a “decision notice”) to the offender.
(7)The appropriate chief officer may cancel the section 93A notice only if not satisfied as mentioned in section 93A(2)(b).
(8)If the appropriate chief officer decides that the section 93A notice should not be cancelled, the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made under section 93G against the decision.
(1)A person (“P”) may appeal to the appropriate court against a decision—
(a)to give P a section 93A notice;
(b)to refuse P authorisation under section 93C;
(c)to cancel an authorisation granted to P under section 93C (see section 93D);
(d)to give P a notice under section 93E;
(e)not to cancel a section 93A notice which has been given to P (see section 93F).
(2)An appeal under this section may be made by complaint (or, in Scotland, by application) to the appropriate court within the period of 21 days beginning with—
(a)in the case of an appeal under subsection (1)(a) or (d), the day on which the notice is given to P;
(b)in the case of an appeal under subsection (1)(b), (c) or (e), the day on which notice of the decision is given to P.
(3)On an appeal under subsection (1)(a) or (d), the court may confirm or cancel the notice which is the subject of the appeal.
(4)On an appeal under subsection (1)(b), (c) or (e), the court may—
(a)confirm the decision, or
(b)remit the decision for reconsideration by the person who made it with such directions (if any) as the court considers appropriate.
(5)In this section the “appropriate court” means—
(a)in relation to an appeal against a decision of a chief officer of police for a police area in England or Wales, any magistrates’ court in a local justice area which includes any part of the officer’s police area;
(b)in relation to an appeal against a decision of the chief constable of the Police Service of Scotland, a sheriff court;
(c)in relation to an appeal against a decision of the Chief Constable of the Police Service of Northern Ireland, a court of summary jurisdiction.
(1)The Secretary of State must issue guidance to chief officers of police for police areas in England and Wales in relation to the determination by them of applications under section 93C.
(2)The Department of Justice in Northern Ireland must issue guidance to the Chief Constable of the Police Service of Northern Ireland in relation to the Chief Constable’s determination of applications under section 93C.
(3)Before issuing guidance under this section—
(a)the Secretary of State must consult the Department of Justice in Northern Ireland;
(b)the Department of Justice in Northern Ireland must consult the Secretary of State.
(4)The Secretary of State and the Department of Justice may, from time to time, revise any guidance issued by them under this section.
(5)The Secretary of State and the Department of Justice must arrange for any guidance issued or revised by them under this section to be published.”
(2)After section 93H of the Sexual Offences Act 2003 (inserted by subsection (1)) insert—
(1)The Secretary of State may by regulations make provision to prevent a person from being granted a licence to drive a motor vehicle under Part 3 of the Road Traffic Act 1988 (a “replacement licence”) if—
(a)the person holds, or has held, a driving licence,
(b)the name to be specified in the replacement licence (“the new name”) is different from the name specified in the driving licence most recently granted to the person, and
(c)it appears to the Secretary of State, on the basis of information provided by a chief officer of police, that the person is a section 93B relevant offender who was not authorised to apply for a driving licence in the new name.
(2)The regulations may, in particular, include provision for authorising or requiring—
(a)a chief officer of police to disclose specified information to the Secretary of State, and
(b)the Secretary of State to disclose specified information to a chief officer of police,
where the disclosure falls within subsection (3).
(3)A disclosure falls within this subsection if it is made—
(a)for the purposes of enabling the Secretary of State or a chief officer of police to carry out their functions under or by virtue of the regulations, or
(b)in connection with the detection or investigation of an offence under section 93B(3).
(4)The regulations may, in particular, make provision about how a chief officer of police or the Secretary of State may or must use information disclosed to them by virtue of subsection (2).
(5)The regulations may include provision amending Part 3 of the Road Traffic Act 1988.
(6)In this section—
“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));
“section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1);
“specified” means specified in regulations under this section.”
(3)After section 93I of the Sexual Offences Act 2003 (inserted by subsection (2)) insert—
(1)The Department for Infrastructure in Northern Ireland (“the Department”) may by regulations make provision to prevent a person from being granted a licence to drive a motor vehicle under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (a “replacement licence”) if—
(a)the person holds, or has held, a driving licence,
(b)the name to be specified in the replacement licence (“the new name”) is different from the name specified in the driving licence most recently granted to the person, and
(c)it appears to the Department, on the basis of information provided by the Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”), that the person is a section 93B relevant offender who was not authorised to apply for a driving licence in the new name.
(2)The regulations may, in particular, include provision for authorising or requiring—
(a)the Chief Constable to disclose specified information to the Department, and
(b)the Department to disclose specified information to the Chief Constable,
where the disclosure falls within subsection (3).
(3)A disclosure falls within this subsection if it is made—
(a)for the purposes of enabling the Department or the Chief Constable to carry out their functions under or by virtue of the regulations, or
(b)in connection with the detection or investigation of an offence under section 93B(3).
(4)The regulations may, in particular, make provision about how the Department or the Chief Constable may or must use information disclosed to them by virtue of subsection (2).
(5)The regulations may include provision amending Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).
(6)In this section—
“driving licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or under Part 3 of the Road Traffic Act 1988;
“section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1);
“specified” means specified in regulations under this section.”
Commencement Information
I8S. 125 not in force at Royal Assent, see s. 255(1)(7)(8)(i)
(1)The Sexual Offences Act 2003 is amended as follows.
(2)In the section 96A inserted by section 80 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (police powers of entry to and examination of relevant offender’s home address)—
(a)in subsection (1), for “a senior” substitute “an appropriate”;
(b)in subsection (11)—
(i)after “section—” insert—
““appropriate police officer”, in relation to an application for a warrant under subsection (1), means a constable of the Police Service of Scotland authorised to make the application by a constable of the Police Service of Scotland who is of the rank of inspector or above;”;
(ii)omit the definition of “senior police officer”.
(3)In section 96B (power of entry and search of relevant offender’s home address)—
(a)in subsection (1), for “a senior” substitute “an appropriate”;
(b)in subsection (10)—
(i)before the definition of “the relevant force” insert—
““appropriate police officer”, in relation to an application for a warrant under subsection (1), means a constable authorised to make the application by a constable of the rank of inspector or above;”;
(ii)omit the definition of “senior police officer”.
Commencement Information
I9S. 126 not in force at Royal Assent, see s. 255(7)
Schedule 15 contains minor and consequential amendments relating to this Chapter.
Commencement Information
I10S. 127 not in force at Royal Assent, see s. 255(7)