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| | TABLE | | | | | Description of person | Court which may make the direction | | | | | A person who is the subject of a | The court which makes the order | | | | | notification order or interim notification | | | | | | order or (except in Scotland) a sexual | | | 5 | | | offences prevention order or interim | | | | | | sexual offences prevention order | | | | | | A relevant offender who is the | The court which hears the application | | | | | defendant to an application under | | | | | | subsection (4) (or, in Scotland, the | | | 10 | | | subject of an application under | | | | | | subsecton (5)) | | | |
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(2) Where this subsection applies— | |
(a) the obligations that would (apart from this subsection) be imposed by | |
or under sections 85 to 88 on the young offender are to be treated | 15 |
instead as obligations on the parent, and | |
(b) the parent must ensure that the young offender attends at the police | |
station with him, when a notification is being given. | |
(3) A direction under subsection (1) takes immediate effect and applies— | |
(a) until the young offender attains the age of 18 (or, where a court in | 20 |
Scotland gives the direction, 16); or | |
(b) for such shorter period as the court may, at the time the direction is | |
given, direct. | |
(4) A chief officer of police who believes that a relevant offender— | |
(a) is under 18, and | 25 |
(b) is in, or is intending to come to, his police area, | |
may, by complaint to any magistrates’ court whose commission area includes | |
any part of his police area, apply for a direction under subsection (1) in respect | |
of the offender (“the defendant”). | |
(5) In Scotland, a chief constable who believes that a relevant offender— | 30 |
(a) is under 16, and | |
(b) is in, or is intending to come to, the area of his police force, | |
may, by summary application to any sheriff within whose sheriffdom lies any | |
part of that area, apply for a direction under subsection (1) in respect of the | |
offender (“the subject”). | 35 |
92 Parental directions: variations, renewals and discharges | |
(1) A person within subsection (2) may apply to the appropriate court for an order | |
varying, renewing or discharging a direction under section 91(1). | |
(2) The persons are— | |
(a) the young offender; | 40 |
(b) the parent; | |
(c) a chief officer of police who believes that the young offender is in, or is | |
intending to come to, his police area; | |
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(d) in Scotland, a chief constable who believes that the young offender is in, | |
or is intending to come to, the area of his police force; | |
(e) where the direction was made on an application under section 91(4), | |
the chief officer of police who made the application; | |
(f) where the direction was made on an application under section 91(5), | 5 |
the chief constable who made the application. | |
(3) An application under subsection (1) may be made— | |
(a) where the appropriate court is the Crown Court, in accordance with | |
rules of court; | |
(b) in any other case, by complaint (or, in Scotland, by summary | 10 |
application). | |
(4) On the application the court, after hearing the person making the application | |
and (if they wish to be heard) the other persons mentioned in subsection (2), | |
may make any order, varying, renewing or discharging the direction, that the | |
court considers appropriate. | 15 |
(5) In this section, the “appropriate court” means— | |
(a) where the Court of Appeal made the order, the Crown Court; | |
(b) in any other case, the court that made the direction under section 91(1). | |
93 Offences relating to notification | |
(1) A person commits an offence if he— | 20 |
(a) fails, without reasonable excuse, to comply with section 85(1), 86(1), | |
86(4)(b), 87(1), 89(4) or 91(2)(b) or any requirement imposed by | |
regulations made under section 88(1); or | |
(b) notifies to the police, in purported compliance with section 85(1), 86(1) | |
or 87(1), or with any requirement imposed by regulations made under | 25 |
section 88(1), any information which he 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 6 | |
months or a fine not exceeding the statutory maximum or both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | 30 |
5 years. | |
(3) A person commits an offence under paragraph (a) of subsection (1) on the day | |
on which he first fails, without reasonable excuse, to comply with section 85(1), | |
86(1) or 87(1), or a requirement imposed by regulations made under section | |
88(1), and continues to commit it throughout any period during which the | 35 |
failure continues; but a person must not be prosecuted under subsection (1) | |
more than once in respect of the same failure. | |
(4) 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. | 40 |
94 Certificates for purposes of Part 2 | |
(1) Subsection (2) applies where a person is— | |
(a) convicted of an offence listed in Schedule 2; | |
(b) found not guilty of such an offence by reason of insanity; or | |
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(c) found to be under a disability and to have done the act charged against | |
him in respect of such an offence. | |
(2) If the court by or before which the person is so convicted or found— | |
(a) states in open court— | |
(i) that on that date he has been convicted, found not guilty by | 5 |
reason of insanity or found to be under a disability and to have | |
done the act charged against him, and | |
(ii) that the offence in question is an offence to which this Part | |
applies, and | |
(b) certifies those facts, whether at the time or subsequently, | 10 |
the certificate is, for the purposes of this Part, evidence (or, in Scotland, | |
sufficient evidence) of those facts. | |
(3) Subsection (4) applies where a person is, in England and Wales or Northern | |
Ireland, cautioned in respect of an offence listed in Schedule 2. | |
(4) If the constable— | 15 |
(a) informs the person that he has been cautioned on that date and that the | |
offence in question is an offence to which this Part applies, and | |
(b) certifies those facts, whether at the time or subsequently, in such form | |
as the Secretary of State may by order prescribe, | |
the certificate is, for the purposes of this Part, evidence (or, in Scotland, | 20 |
sufficient evidence) of those facts. | |
Information about release or transfer | |
95 Information about release or transfer | |
(1) This section applies to a relevant offender who is serving a sentence of | |
imprisonment or a term of service detention, or is detained in a hospital. | 25 |
(2) The Secretary of State may by regulations make provision requiring notice to | |
be given by the person who is responsible for that offender to persons | |
prescribed by the regulations, of any occasion when the offender is released or | |
a different person becomes responsible for him. | |
(3) The regulations may make provision for determining who is to be treated for | 30 |
the purposes of this section as responsible for an offender. | |
Notification orders | |
96 Notification orders: applications and grounds | |
(1) A chief officer of police may, by complaint to any magistrates’ court whose | |
commission area includes his police area, apply for an order under this section | 35 |
(a “notification order”) in respect of a person (“the defendant”) if— | |
(a) it appears to him that the following three conditions are met with | |
respect to the defendant, and | |
(b) he believes that the defendant is in, or is intending to come to, his police | |
area. | 40 |
(2) The first condition is that under the law in force in a country outside the United | |
Kingdom— | |
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(a) he has been convicted of a relevant offence (whether or not he has been | |
punished for it), | |
(b) a court exercising jurisdiction under that law has made in respect of a | |
relevant offence a finding corresponding to one in respect of an offence | |
listed in Schedule 2 that he is not guilty by reason of insanity, | 5 |
(c) such a court has made in respect of a relevant offence a finding | |
corresponding to one in respect of an offence listed in Schedule 2 that | |
he is under a disability and did the act charged against him in respect | |
of the offence, or | |
(d) he has been cautioned for a relevant offence. | 10 |
(3) The second condition is that— | |
(a) the first condition is met because of a conviction, finding or caution | |
which occurred on or after 1st September 1997, | |
(b) the first condition is met because of a conviction or finding which | |
occurred before that date, but the person was dealt with in respect of | 15 |
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 the person was, in respect of | |
the offence or finding, subject under the law in force in the country | 20 |
concerned to detention, supervision or any other disposal | |
corresponding to any of those mentioned in section 83(3) (read with | |
sections 83(6) and 118). | |
(4) The third condition is that the period set out in section 84 (as modified by | |
subsections (2) and (3) of section 97) in respect of the relevant offence has not | 25 |
expired. | |
(5) If on the application it is proved that the conditions in subsections (2) to (4) are | |
met, the court must make a notification order. | |
(6) In this section and section 97, “relevant offence” has the meaning given by | |
section 98. | 30 |
97 Notification orders: effect | |
(1) Where a notification order is made— | |
(a) the application of this Part to the defendant in respect of the conviction, | |
finding or caution to which the order relates is subject to the | |
modifications set out below, and | 35 |
(b) subject to those modifications, the defendant becomes or (as the case | |
may be) remains subject to the notification requirements of this Part for | |
the notification period set out in section 84. | |
(2) The “relevant date” means— | |
(a) in the case of a person within section 96(2)(a), the date of the conviction; | 40 |
(b) in the case of a person within section 96(2)(b) or (c), the date of the | |
finding; | |
(c) in the case of a person within section 96(2)(d), the date of the caution. | |
(3) In section 84— | |
(a) references, except in the Table, to a person (or relevant offender) within | 45 |
any provision of section 82 are to be read as references to the defendant; | |
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(b) the reference in the Table to section 82(1)(d) is to be read as a reference | |
to section 96(2)(d); | |
(c) references to an order of any description are to be read as references to | |
any corresponding disposal made in relation to the defendant in | |
respect of an offence or finding by reference to which the notification | 5 |
order was made; | |
(d) the reference to offences listed in Schedule 2 is to be read as a reference | |
to relevant offences. | |
(4) In sections 85 and 87, references to the commencement of this Part are to be | |
read as references to the date of service of the notification order. | 10 |
98 Sections 96 and 97: relevant offences | |
(1) “Relevant offence” in sections 96 and 97 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 2 if it had been | 15 |
done in any part of the United Kingdom. | |
(2) An act punishable under the law in force in a country outside the United | |
Kingdom constitutes an offence under that law for the purposes of subsection | |
(1) however it is described in that law. | |
(3) Subject to subsection (4), on an application for a notification order the | 20 |
condition in subsection (1)(b) is taken as having been met unless, not later than | |
rules of court may provide, the defendant serves on the applicant a notice— | |
(a) stating that, on the facts as alleged with respect to the act concerned, the | |
condition is not in his opinion met, | |
(b) showing his grounds for that opinion, and | 25 |
(c) requiring the applicant to prove that the condition is met. | |
(4) The court, if it thinks fit, may permit the defendant to require the applicant to | |
prove that the condition is met without service of a notice under subsection (3). | |
99 Interim notification orders | |
(1) This section applies where an application for a notification order (“the main | 30 |
application”) has not been determined. | |
(2) An application for an order under this section (“an interim notification | |
order”)— | |
(a) may be made in the complaint containing the main application, or | |
(b) if the main application has been made, may be made by the person who | 35 |
has made that application, by complaint to the court to which that | |
application has been made. | |
(3) The court may, if it considers it just to do so, make an interim notification order. | |
(4) Such an order— | |
(a) has effect only for a fixed period, specified in the order; | 40 |
(b) ceases to have effect, if it has not already done so, on the determination | |
of the main application. | |
(5) While such an order has effect— | |
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(a) the defendant is subject to the notification requirements of this Part; | |
(b) this Part applies to the defendant, subject to the modification set out in | |
subsection (6). | |
(6) The “relevant date” means the date of service of the order. | |
(7) The applicant or the defendant may by complaint apply to the court that made | 5 |
the interim notification order for the order to be varied, renewed or discharged. | |
100 Notification orders and interim notification orders: appeals | |
A defendant may appeal to the Crown Court against the making of a | |
notification order or an interim notification order. | |
101 Appeals: Scotland | 10 |
In Scotland— | |
(a) an interlocutor granting or refusing a notification order or interim | |
notification order is an appealable interlocutor; and | |
(b) where an appeal is taken against an interlocutor so granting such an | |
order the order shall, without prejudice to any power of the court to | 15 |
vary or recall it, continue to have effect pending the disposal of the | |
appeal. | |
102 Sections 96 to 99 : Scotland | |
(1) Sections 96 to 99 apply to Scotland with the following modifications— | |
(a) references to a chief officer of police and to his police area are to be read, | 20 |
respectively, as references to a chief constable and to the area of his | |
police force; | |
(b) references to the defendant are to be read as references to the person in | |
respect of whom the order is sought or has effect; | |
(c) an application for a notification order or interim notification order is | 25 |
made by summary application to any sheriff within whose sheriffdom | |
lies any part of the area of the applicant’s police force (references to “the | |
court” being construed accordingly). | |
(2) A record of evidence shall be kept on any summary application made by virtue | |
of subsection (1)(c) above. | 30 |
(3) The clerk of the court by which, by virtue of that subsection, a notification | |
order or interim notification is made, varied, renewed or discharged shall | |
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, | 35 |
to be given to the person named in the order or sent to him by registered post | |
or by the recorded delivery service (an acknowledgement or certificate of | |
delivery of a copy so sent, issued by the Person Office, being sufficient | |
evidence of the delivery of the copy on the day specified in the | |
acknowledgement or certificate). | 40 |
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