Crime and Policing Act 2026

Prospective

Section 127

Schedule 15 U.K. Management of sex offenders: minor and consequential amendments

1 U.K. The Sexual Offences Act 2003 is amended as follows.

Commencement Information

I1 Sch. 15 para. 1 not in force at Royal Assent, see s. 255(1)

2 (1) Section 84 (notification requirements: changes) is amended as follows. U.K.

(2) In subsection (1)—

(a) omit paragraph (a);

(b) omit “that name,”.

(3) In subsection (2), omit “the name is used,”.

Commencement Information

I2 Sch. 15 para. 2 not in force at Royal Assent, see s. 255(1)

3 U.K. In section 85 (periodic notification)—

(a) in subsection (1), after “under section” insert “83A or”;

(b) in subsection (2)(b), after “83(1)” insert “, 83A”;

(c) in subsection (6), after “83(1)” insert “, 83A”.

Commencement Information

I3 Sch. 15 para. 3 not in force at Royal Assent, see s. 255(1)

4 N.I. In section 85A (notification requirements: absence from notified address)—

(a) in subsection (1), after “83(1)” insert “, 83A”;

(b) in the heading, at the end insert “(Northern Ireland)”.

Commencement Information

I4 Sch. 15 para. 4 not in force at Royal Assent, see s. 255(1)

5 (1) Section 87 (method of notification and related matters) is amended as follows. U.K.

(2) In subsection (1)—

(a) for the words from “section” to “by” substitute “section 83(1), 83A, 84, 85(1), 85A(2) or (6), 85ZA or 86B by”;

(b) in the paragraph (a) inserted by section 168(2) of the Police, Crime, Sentencing and Courts Act 2022), for “local”, in both places, substitute “relevant”;

(c) after paragraph (b) insert “(subject to section 87A)”.

(3) In the subsection (2A) inserted by section 168(3) of the Police, Crime, Sentencing and Courts Act 2022, for “under section 83(1), 84(1) or 85(1)” substitute “of the kind mentioned in subsection (1)”.

(4) In subsection (4), for the words from “Where” to “offender” substitute “If the police station at which the relevant offender attends is in England, Wales or Northern Ireland, the offender”.

(5) In subsections (5A) and (5B), for the words from “Where” to “offender” substitute “If the police station at which the relevant offender attends is in Scotland, the offender”.

(6) Omit subsection (5C).

Commencement Information

I5 Sch. 15 para. 5 not in force at Royal Assent, see s. 255(1)

6 (1) Section 88 (interpretation of section 87) is amended as follows. U.K.

(2) In the heading, for “Section 87” substitute “Sections 87 to 87B”.

(3) For subsection (1) substitute—

“(1) This section applies for the purposes of sections 87 to 87B.”

(4) After subsection (1) insert—

“(1A) “Passport” has the meaning given by section 83(8).”

(5) Omit subsections (3) to (5).

(6) After subsection (5) insert—

“(6) “Relevant police area” means, in relation to a person—

(a) the police area in which the person’s home address is situated;

(b) in the absence of a home address, the police area in which the home address last notified is situated;

(c) in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (7) is situated.

(7) The ways are—

(a) dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;

(b) dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;

(c) making, in respect of a person, an order of any of the kinds mentioned in subsection (8).

(8) The orders are—

(a) a notification order or interim notification order;

(b) a sexual harm prevention order or interim sexual harm prevention order;

(c) a sexual offences prevention order or interim sexual offences prevention order;

(d) an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland);

(e) an order under article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland);

(f) an order under section 11, 12 or 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (sexual harm prevention orders made in Scotland);

(g) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction).

(9) In subsection (7) “finding” in relation to an offence means—

(a) a finding of not guilty of the offence by reason of insanity, or

(b) a finding that the person was under a disability and did the act or omission charged against the person in respect of the offence.

(10) For the references to police area in subsection (6)—

(a) in relation to Scotland, see Schedule 1 to the Interpretation Act 1978;

(b) in relation to Northern Ireland, see section 136(3).”

Commencement Information

I6 Sch. 15 para. 6 not in force at Royal Assent, see s. 255(1)

7 S In section 88I(2) (discharge from indefinite notification requirements in England and Wales or Northern Ireland has effect in Scotland) for the words from “legislation which” to the end substitute—

“(a) sections 91A to 91F (discharge from indefinite notification requirements in England and Wales);

(b) Schedule 3A (discharge from indefinite notification requirements in Northern Ireland).”

Commencement Information

I7 Sch. 15 para. 7 not in force at Royal Assent, see s. 255(1)

8 (1) Section 91 (offences relating to notification) is amended as follows. U.K.

(2) For subsection (1) substitute—

“(1) A person (“P”) commits an offence if P—

(a) fails, without reasonable excuse, to comply with—

(i) section 83(1);

(ii) section 83A(1), (2), (5) or (7)(b);

(iii) section 84(1) or (4)(b);

(iv) section 85(1);

(v) section 86B(1) or (6)(b);

(vi) section 89(2)(b);

(vii) any requirement imposed by regulations under section 86(1);

(b) notifies to the police any information which P knows to be false in purported compliance with—

(i) section 83(1);

(ii) section 83A(1), (2) or (5);

(iii) section 84(1);

(iv) section 85(1);

(v) section 86B(1);

(vi) any requirement imposed by regulations under section 86(1).

(1A) A person (“P”) commits an offence under the law of England and Wales if P—

(a) fails, without reasonable excuse, to comply with—

(i) section 85ZA(2) or (6);

(ii) section 87(4);

(iii) section 96ZB(3)(b);

(b) notifies to the police any information which P knows to be false in purported compliance with section 85ZA(2) or (6).

(1B) A person (“P”) commits an offence under the law of Scotland if P—

(a) fails, without reasonable excuse, to comply with—

(i) section 85ZA(2) or (6);

(ii) section 87(5A) or (5B);

(b) notifies to the police any information which P knows to be false in purported compliance with section 85ZA(2) or (6).

(1C) A person (“P”) commits an offence under the law of Northern Ireland if P—

(a) fails, without reasonable excuse, to comply with—

(i) section 85A(2) or (6);

(ii) section 87(4);

(b) notifies to the police any information which P knows to be false in purported compliance with section 85A(2) or (6).”

(3) For subsection (2) substitute—

“(2) A person who commits an offence under this section is liable—

(a) on summary conviction in England or 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).”

(4) In subsection (3)—

(a) for “paragraph (a) of subsection (1)” substitute “subsection (1)(a), (1A)(a), (1B)(a) or (1C)(a)”;

(b) for the words from “section 83(1)” to “86(1)” substitute “a relevant requirement”.

(c) for “subsection (1)”, in the second place, substitute “those subsections”.

(5) After subsection (3) insert—

“(3A) In subsection (3) “relevant requirement” means—

(a) in relation to an offence under subsection (1)(a), a requirement imposed by—

(i) section 83(1);

(ii) section 83A(1), (2) and (5);

(iii) section 84(1);

(iv) section 85(1);

(v) section 86B(1);

(vi) regulations under section 86(1);

(b) in relation to an offence under subsection (1A)(a) or (1B)(a), a requirement imposed by section 85ZA(2) or (6);

(c) in relation to an offence under subsection (1C)(a), a requirement imposed by section 85A(2) or (6).”

Commencement Information

I8 Sch. 15 para. 8 not in force at Royal Assent, see s. 255(1)

9 (1) Section 91A (review of indefinite notification requirements: qualifying relevant offender) is amended as follows. E+W

(2) In subsection (2) after “review” insert “or the relevant chief officer of police begins an own motion review”.

(3) In subsections (4) and (5), after “under section” insert “83A,”.

(4) In subsection (7) after “review” insert “or the relevant chief officer of police begins an own motion review”.

Commencement Information

I9 Sch. 15 para. 9 not in force at Royal Assent, see s. 255(1)

10 (1) Section 91B (review of indefinite notification requirements: application for review and qualifying dates) is amended as follows. E+W

(2) In subsection (3)—

(a) for “makes” substitute “last made”;

(b) after “91C” insert “or 91EB”.

(3) In subsection (4), after “91C” insert “or 91EB”.

(4) In subsection (6)—

(a) for “applies” substitute “applied when the relevant chief officer of police last made a determination under section 91C or 91EB”;

(b) after “period” insert “then”.

(5) In subsection (10), after “83,” insert “83A,”.

Commencement Information

I10 Sch. 15 para. 10 not in force at Royal Assent, see s. 255(1)

11 E+W In section 91E, in the heading, at the end insert “against determinations under section 91C”.

Commencement Information

I11 Sch. 15 para. 11 not in force at Royal Assent, see s. 255(1)

12 E+W In section 91F (guidance), at the end of subsection (1) insert “or own motion reviews”.

Commencement Information

I12 Sch. 15 para. 12 not in force at Royal Assent, see s. 255(1)

13 U.K. In section 94 (Part 2: supply of information to Secretary of State etc. for verification), in subsection (1)—

(a) in the words before paragraph (a), omit “notified to the police under”;

(b) for paragraph (a) substitute—

“(a) notified to the police under section 83, 83A, 84, 85, 85ZA, 85A or 86B,”;

(c) after paragraph (a) insert—

“(aa) notified to the police in accordance with a requirement imposed by regulations under section 86,”;

(d) in paragraph (b) before “section” insert “notified to the police under”;

(e) after paragraph (b) insert “, or

(c) provided in, or in a document accompanying, an application to the police under section 93C(1).”

Commencement Information

I13 Sch. 15 para. 13 not in force at Royal Assent, see s. 255(1)

14 U.K. In section 122F (sexual risk orders and interim sexual risk orders: notification requirements), after subsection (4) insert—

“(5) Section 87A (alternative method of notification) applies for the purposes of a notification under subsection (3) as it applies for the purposes of the notifications mentioned in section 87A(1).”

Commencement Information

I14 Sch. 15 para. 14 not in force at Royal Assent, see s. 255(1)

15 U.K. In section 133 (Part 2: general interpretation)—

(a) omit the definition of “local police area”;

(b) at the appropriate place insert—

• ““relevant police area” has the meaning given by section 88(6);”.

Commencement Information

I15 Sch. 15 para. 15 not in force at Royal Assent, see s. 255(1)

16 U.K. In section 136 (Part 2: Northern Ireland), in subsection (11), after “sections” insert “86B, 87A, 93A, 93H,”.

Commencement Information

I16 Sch. 15 para. 16 not in force at Royal Assent, see s. 255(1)

17 (1) Section 138 (orders and regulations) is amended as follows. U.K.

(2) For subsections (1) to (4) substitute—

“(1) Orders or regulations made by the Secretary of State under this Act are to be made by statutory instrument.

(2) A statutory instrument containing an order or regulations made by the Secretary of State under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

(a) section 21;

(b) section 22A;

(c) sections 154 to 156 ;

(d) section 86;

(e) section 86B(3) or (4);

(f) section 93B(6)(d);

(g) section 93C(6)(b);

(h) section 93I;

(i) section 130;

(j) section 136Q(1).

(3) Any other statutory instrument containing an order or regulations made by the Secretary of State (except one containing an order under section 141) is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Orders or regulations made by the Secretary of State under this Act may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.

(4A) For orders or regulations made by the Scottish Ministers under this Act see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

(4B) Orders or regulations made by the Scottish Ministers under any of the following provisions are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10))—

(a) sections 154 to 156 ;

(b) section 86;

(c) section 86B(3) or (4);

(d) section 93B(6)(d);

(e) section 93C(6)(b);

(f) section 88H;

(g) section 130.

(4C) Any other orders or regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(4D) Orders or regulations made by the Scottish Ministers under this Act may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.”

(3) In subsection (5) for “the Department of Justice in Northern Ireland” substitute “a Northern Ireland department”.

(4) In subsection (6)—

(a) for “83 to 86” substitute “83 to 85, section 86, section 86B(3) or (4), section 93B(6)(d), section 93C(6)(b), section 93J”;

(b) for “the Department of Justice” substitute “a Northern Ireland department”.

(5) In subsections (8) and (9) for “the Department of Justice”, in each place it occurs, substitute “a Northern Ireland department”.

Commencement Information

I17 Sch. 15 para. 17 not in force at Royal Assent, see s. 255(1)

18 (1) Schedule 3A (discharge from indefinite notification requirements in Northern Ireland) is amended as follows. N.I.

(2) In paragraph 4 (initial review: notice of decision) after sub-paragraph (3) insert—

“(4) The Department of Justice may by regulations amend the period in sub-paragraph (1).”

(3) In paragraph 6 (further reviews)—

(a) in sub-paragraph (1) for “paragraph 4(3) or 5(6)” substitute “a relevant provision”;

(b) after sub-paragraph (1) insert—

“(1A) “Relevant provision” means—

(a) paragraph 4(3);

(b) paragraph 5(6);

(c) paragraph 6C(4);

(d) paragraph 6D(6),

(notice of decision not to discharge notification requirements).”;

(c) in sub-paragraph (3)(a) for “paragraph 4(3) or 5(6)” substitute “a relevant provision”.

(4) In paragraph 7 (guidance)—

(a) after sub-paragraph (1) insert—

“(1A) The Department of Justice must issue guidance as to the determination by the Chief Constable of own motion reviews.”;

(b) in sub-paragraph (2) after “(1)” insert “or (1A)”.

(5) In paragraph 8(2) for the words from “legislation which” to the end substitute—

“(a) sections 91A to 91F (discharge from indefinite notification requirements in England and Wales);

(b) sections 88A to 88H (discharge from indefinite notification requirements in Scotland).”

Commencement Information

I18 Sch. 15 para. 18 not in force at Royal Assent, see s. 255(1)