Crime and Policing Act 2026

Prospective

124 Review of indefinite notification requirements: Northern Ireland N.I.

In Schedule 3A to the Sexual Offences Act 2003 (discharge from indefinite notification requirements in Northern Ireland) after paragraph 6 insert—

Own motion review: powers of Chief Constable

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.

Own motion review: determination

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.

Own motion review: notice of decision

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).

Own motion review: application to Crown Court

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

I1 S. 124 not in force at Royal Assent, see s. 255(7)