Justice Act (Northern Ireland) 2015

(117A) (1) Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116— (a) is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or (b) ought not to be included in the certificate. (2) The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b). (3) The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which— (a) the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and (b) in the chief officer's opinion, ought to be included in the certificate. (4) In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A). (5) If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)— (a) the independent monitor must inform the Department of that fact, and (b) on being so informed, the Department must issue a new certificate. (6) In issuing such a certificate, the Department must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4). (7) In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A). (8) Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.

.

Review of criminal record certificates

41

• (1) The Police Act 1997 is amended as follows.

• (2) After section 117A (inserted by section 40(5)) insert—

(117B) Schedule 8A (which provides for an independent review of certain criminal record certificates) has effec

.

• (3) After Schedule 8 insert as Schedule 8A the Schedule set out in Schedule 4 to this Act.

Up-dating certificates

42

After section 116 of the Police Act 1997 (enhanced criminal record certificates: judicial appointments and Crown employment) insert—

(116A) (1) The Department must, on the request of a relevant person and subject to subsection (2), give up-date information to that person about— (a) a criminal conviction certificate, (b) a criminal record certificate, or (c) an enhanced criminal record certificate, which is subject to up-date arrangements. (2) The Department may impose conditions about— (a) the information to be supplied in connection with such a request for the purpose of enabling the Department to decide whether the person is a relevant person, (b) any other information to be supplied in connection with such a request. (3) For the purposes of subsection (1) a certificate is subject to up-date arrangements if condition A, B or C is met and the arrangements have not ceased to have effect in accordance with a notice given under section 118(3B). (4) Condition A is that— (a) the individual who applied for the certificate made an application at the same time, or within such period after making the application as may be prescribed, to the Department for the certificate to be subject to up-date arrangements, (b) the individual has paid in the prescribed manner any prescribed fee, (c) the Department has granted the application for the certificate to be subject to up-date arrangements, and (d) the period of 12 months beginning with the date on which the grant comes into force has not expired. (5) Condition B is that— (a) the individual whose certificate it is has made an application to the Department to renew or (as the case may be) further renew unexpired up-date arrangements in relation to the certificate, (b) the individual has paid in the prescribed manner any prescribed fee, (c) the Department has granted the application, (d) the grant has come into force on the expiry of the previous up-date arrangements, and (e) the period of 12 months beginning with the date on which the grant has come into force has not expired. (6) Condition C is that— (a) the certificate was issued under section 117(2) or 117A(5)(b), and (b) the certificate which it superseded— (i) was subject to up-date arrangements immediately before it was superseded, and (ii) would still be subject to those arrangements had it not been superseded. (7) The Department must not grant an application as mentioned in subsection (4)(c) or (5)(c) unless any fee prescribed under subsection (4)(b) or (as the case may be) (5)(b) has been paid in the manner so prescribed. (8) The Department must not grant an application as mentioned in subsection (4)(c) or (5)(c) if— (a) the certificate in question is an enhanced criminal record certificate; and (b) the certificate contains (or would contain) information which relates to an individual other than the individual whose certificate it is. (9) In this section “up-date information” means— (a) in relation to a criminal conviction certificate or a criminal record certificate— (i) information that there is no information recorded in central records which would be included in a new certificate but is not included in the current certificate, or (ii) advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, (b) in relation to an enhanced criminal record certificate which includes suitability information relating to children or vulnerable adults— (i) information that there is no information recorded in central records, no information of the kind mentioned in section 113B(4), and no information of the kind mentioned in section 113BA(2) or (as the case may be) 113BB(2), which would be included in a new certificate but is not included in the current certificate, or (ii) advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and (c) in relation to any other enhanced criminal record certificate— (i) information that there is no information recorded in central records, nor any information of the kind mentioned in section 113B(4), which would be included in a new certificate but is not included in the current certificate, or (ii) advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate. (10) If up-date information is given under subsection (9)(a)(i), (9)(b)(i) or (9)(c)(i) and the certificate to which that information relates is one to which subsection (11) applies, the up-date information must include that fact. (11) This subsection applies to a certificate which— (a) in the case of a criminal conviction certificate, states that there are no convictions of the applicant recorded in central records, (b) in the case of a criminal record certificate, is as described in section 120AC(3), and (c) in the case of an enhanced criminal record certificate, is as described in section 120AC(4). (12) In this section— - “central records” has the same meaning as in section 113A, - “criminal record certificate” includes a certificate under section 114, - “enhanced criminal record certificate” includes a certificate under section 116, - “exempted question” has the same meaning as in section 113A, - “relevant person” means— 1. in relation to a criminal conviction certificate— 1. the individual whose certificate it is, or 2. any person authorised by the individual, 2. in relation to a criminal record certificate— 1. the individual whose certificate it is, or 2. any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and 3. in relation to an enhanced criminal record certificate— 1. the individual whose certificate it is, or 2. any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b).

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Applications for enhanced criminal record certificates

43

In section 113B of the Police Act 1997 (enhanced criminal record certificates) in subsection (2) for paragraph (b) substitute—

(b) be accompanied by— (i) a statement by the registered person that the certificate is required for the purposes of an exempted question asked for a prescribed purpose; or (ii) a statement by the applicant that the certificate is required for a prescribed purpose.

.

Electronic transmission of applications

44

• (1) In section 113A of the Police Act 1997 (criminal record certificates) after subsection (2) insert—

(2A) But an application for a criminal record certificate need not be countersigned by a registered person if— (a) the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and (b) it is transmitted in accordance with requirements determined by the Department.

.

• (2) In section 113B of that Act (enhanced criminal record certificates) after subsection (2) insert—

(2A) But an application for an enhanced criminal record certificate need not be countersigned by a registered person if— (a) the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and (b) it is transmitted in accordance with requirements determined by the Department.

.

Disclosures by Department of Justice to Disclosure and Barring Service

45

In section 119 of the Police Act 1997 (sources of information) after subsection (4) insert—

(4A) The Department of Justice may provide to the Disclosure and Barring Service any information it holds for the purposes of this Part in order to enable the Disclosure and Barring Service to determine whether, in relation to any person, paragraph 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 applies or appears to apply.

.

Inclusion of cautions and other diversionary disposals in criminal records

46

In Article 29 of the Police and Criminal Evidence (Northern Ireland) Order 1989 for paragraph (4) substitute—

(4) The Department of Justice may by regulations make provision for recording— (a) convictions for such offences as are specified in the regulations (“recordable offences”); (b) cautions given in respect of recordable offences; (c) informed warnings given in respect of recordable offences; (d) diversionary youth conferences in respect of recordable offences. (5) For the purposes of paragraph (4)— (a) “caution” means a caution given to a person in respect of an offence which, at the time when the caution is given, the person has admitted; (b) “diversionary youth conference” has the meaning given by Part 3A of the Criminal Justice (Children) (Northern Ireland) Order 1998.

.

Consequential amendments

47

Schedule5 (which contains amendments consequential on the preceding provisions of this Part) has effect.

PART 6 — CHILD PROTECTION DISCLOSURES

Child protection disclosures

48

• (1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

• (2) In Article 49(1) (interpretation of Part 3)—

• (a) after the definition of “agencies” insert—

“child” means a person under the age of 18; “conviction” includes— (i) a conviction by or before a court outside Northern Ireland; (ii) any finding (other than a finding linked with a finding of insanity) in any criminal proceedings that a person has committed an offence or done the act or made the omission charged; (iii) a caution given to a person in respect of an offence which, at the time when the caution was given, the person has admitted;

;

• (b) after the definition of “specified” insert—

“relevant previous conviction”, in relation to a person, means a conviction for a sexual or violent offence by reason of which the person falls within a specified description of persons;

.

• (3) In Article 50 (guidance to agencies on assessing and managing certain risks to the public) after paragraph (2) insert—

(2A) Guidance under this Article must contain provisions about arrangements for considering the disclosure, to any particular member of the public, of information concerning any relevant previous convictions of a person where it is necessary to protect a particular child or particular children from serious harm caused by that person; and the guidance may, in particular, contain provisions for the purpose of preventing a member of the public from disclosing that information to any other person.

.

• (4) In Article 50(3) for “Paragraph (2) does” substitute “ Paragraphs (2) and (2A) do ”.

PART 7 — LIVE LINKS IN CRIMINAL PROCEEDINGS

Live links: accused at committal proceedings

49

• (1) This section applies in relation to committal proceedings in a magistrates' court.

• (2) Where it appears to the court before which the committal proceedings are to take place that the accused (“A”) is likely to be held in custody or detained in hospital during the proceedings, the court may give a live link direction under this section in relation to the attendance of A at the committal proceedings.

• (3) A live link direction under this section is a direction requiring A, if A is being held in custody or detained in a hospital during the committal proceedings, to attend those proceedings through a live link from the place at which A is being held or detained.

• (4) A is to be treated as present in court when, by virtue of a live link direction under this section, A attends committal proceedings through a live link.

• (5) The court may not give a live link direction under this section unless—

• (a) A has given consent to the direction; and

• (b) the court is satisfied that it is not contrary to the interests of justice to give the direction.

• (6) The court may not give a live link direction under this section unless—

• (a) it has been notified by the Department that a live link is available between the court and the institution in which the accused is, or is to be, held or detained; and

• (b) the notice has not been withdrawn.

• (7) The court may rescind a live link direction under this section at any time before or during the committal proceedings to which it relates if it appears to the court to be in the interests of justice to do so (but this does not affect the court's power to give a further live link direction under this section in relation to A).

• (8) The court shall not give or rescind a live link direction under this section (whether at a hearing or otherwise) unless A and the prosecutor have been given the opportunity to make representations.

• (9) If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person attending the hearing to do so through a live link.

• (10) The court must—

• (a) state in open court its reasons for refusing to make or rescinding a live link direction under this section; and

• (b) cause those reasons to be entered in the Order Book.

• (11) If where A is attending committal proceedings through a live link it appears to the court—

• (a) that A is not able to see and hear the court and to be seen and heard by it, and

• (b) that this cannot be immediately corrected, the court must adjourn the proceedings.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In this section—

• (a) references to A being held in custody are references to A's being held in custody in a prison, young offenders centre, juvenile justice centre or other institution;

• (b) references to A being detained in hospital are references to A's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;

• (c) “live link” means an arrangement by which a person (when not in the place where the proceedings are being held) is able to see and hear, and to be seen and heard by, the court during the proceedings (and for this purpose any impairment of eyesight or hearing is to be disregarded);

• (d) “the Order Book” means the Order Book required to be kept under rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984.

Live links from another courtroom: first remands, etc.

50

• (1) This section applies in relation to hearings which are—

• (a) held in a magistrates' court in relation to a person (“A”)—

• (i) where A is in custody, is charged with an offence and is appearing before the court for the first time in connection with that charge;

• (ii) where A has been arrested in pursuance of a warrant issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 and is brought before the court for the first time after A's arrest;

• (iii) where A has been arrested under Article 6 of the Criminal Justice (Northern Ireland) Order 2003, or in pursuance of a warrant issued under that Article, and is brought before the court for the first time after A's arrest; or

• (iv) where A has been arrested in pursuance of a warrant issued under Article 25 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 51(3) of the Judicature (Northern Ireland) Act 1978 and is brought before the court for the first time after A's arrest; and

• (b) held on—

• (i) a Saturday;

• (ii) a Sunday, or

• (iii) a public holiday.

• (2) Where it appears to the court before which the hearing is to take place that A is likely to be present in another courtroom during the hearing, the court may give a live link direction under this section in relation to the attendance of A at the hearing.

• (3) A live link direction under this section is a direction requiring A, if A is present in another courtroom during the hearing, to attend the hearing through a live link from that courtroom.

• (4) A is to be treated as present in court when, by virtue of a live link direction under this section, A attends a hearing through a live link.

• (5) A court may not give a live link direction under this section unless the court is satisfied that it is not contrary to the interests of justice to give the direction.

• (6) A court may not give a live link direction under this section unless—

• (a) it has been notified by the Department that a live link is available between the court and the courtroom in which the accused is to be present; and

• (b) the notice has not been withdrawn.

• (7) The court may rescind a live link direction under this section at any time before or during the hearing to which it relates.

• (8) If a hearing takes place in relation to the giving or rescinding of a live link direction, the court may require or permit a person attending the hearing to do so through a live link.

• (9) If where A is attending a hearing through a live link it appears to the court—

• (a) that A is not able to see and hear the court and to be seen and heard by it, and

• (b) that this cannot be immediately corrected,

the court must adjourn the hearing.

• (10) In this section “live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during the hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded).

• (11) The Department may by order—

• (a) amend subsection (1) by adding any description of hearing to the list in paragraph (a) of that subsection;

• (b) amend subsection (1) by adding any day of the week to the list in paragraph (b) of that subsection or removing any day for the time being in that list;

• (c) repeal subsection (1)(b) (and the word “and” immediately before it).

• (12) Nothing in this section affects the operation of the Sunday Observance Act (Ireland) 1695 or section 13 of the Criminal Justice Act (Northern Ireland) 2013.

Live links: proceedings for failure to comply with certain orders or licence conditions

51

• (1) This section applies to the following proceedings in a magistrates' court or the Crown Court in relation to a person (“the offender”)—

• (a) proceedings under Article 27 of the Criminal Justice (Northern Ireland) Order 1996 (failure of the offender to comply with any of the conditions specified in a licence under Article 26 of that Order);

• (b) proceedings under paragraph 3 or 4 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (failure of the offender to comply with any of the requirements of a probation order, community service order, combination order or custody probation order);

• (c) proceedings under Article 38(3) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (failure of the offender to comply with requirements of attendance centre order);

• (d) proceedings under Article 41 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (failure of the offender to comply with supervision requirements under Article 40(2) or (3) of that Order);

• (e) proceedings under paragraphs 3 or 4 of Schedule 1A to the Criminal Justice (Children) (Northern Ireland) Order 1998 (failure of the offender to comply with any requirement of a reparation order, community responsibility order or youth conference order).

• (2) If it appears to the court that it is likely that the offender will be held in custody or detained in hospital during any proceedings to which this section applies, the court may give a live link direction under this section in relation to the attendance of the offender at those proceedings.

• (3) A live link direction under this section is a direction requiring the offender, if the offender is being held in custody or detained in hospital during the proceedings, to attend them through a live link from the place at which the offender is being held or detained.

• (4) The offender is to be treated as present in court when, by virtue of a live link direction under this section, the offender attends proceedings through a live link.

• (5) The court may not give a live link direction under this section unless—

• (a) the offender has given consent to the direction; and

• (b) the court is satisfied that it is not contrary to the interests of justice to give the direction.

• (6) The court may rescind a live link direction given under this section at any time before or during the proceedings to which it relates if it appears to the court to be in the interests of justice to do so (but this does not affect the court's power to give a further live link direction under this section in relation to the offender).

• (7) The court may give or rescind a live link direction under this section of its own motion or on an application by a party.

• (8) The offender may not give oral evidence while attending proceedings through a live link by virtue of this section unless—

• (a) the offender consents to give evidence in that way; and

• (b) the court is satisfied that it is not contrary to the interests of justice for the offender to give evidence in that way.

• (9) The court must—

• (a) state in open court its reasons for refusing an application for, or for the rescission of, a live link direction under this section; and

• (b) if it is a magistrates' court, cause those reasons to be entered in the Order Book.

• (10) If where the offender is attending proceedings through a live link it appears to the court—

• (a) that the offender is not able to see and hear the court and to be seen and heard by it, and

• (b) that this cannot be immediately corrected,

the court must adjourn the proceedings.

• (11) A court shall not give a live link direction under this section unless—

• (a) it has been notified by the Department that a live link is available between the court and the institution in which the accused is, or is to be, held in custody or detained; and

• (b) the notice has not been withdrawn.

• (12) The Department may by order amend subsection (1) by adding—

• (a) proceedings for failure to comply with an order of a court made on conviction of a person;

• (b) proceedings for breach of the conditions of a licence granted on release from a custodial sentence.

• (13) In this section—

• (a) references to a person being held in custody are references to the person's being held in custody in a prison, young offenders centre, juvenile justice centre or other institution;

• (b) references to a person being detained in hospital are references to the person's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;

• (c) “live link” means an arrangement by which a person (when not in the place where the proceedings are being held) is able to see and hear, and to be seen and heard by, the court during the proceedings (and for this purpose any impairment of eyesight or hearing is to be disregarded);

• (d) “the Order Book” means the Order Book required to be kept under rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984.

Live links: expert witnesses

52

• (1) Part 3 of the Criminal Justice (Northern Ireland) Order 2004 (live links for witnesses in certain criminal proceedings) is amended as follows.

• (2) In Article 10 (witness other than defendant may give evidence through live link if court so directs) after “other than the defendant” insert “ or an expert witness to whom Article 11A applies ”.

• (3) After Article 11 insert—

(11A) (1) An expert witness to whom this Article applies shall, unless the court otherwise directs, give evidence through a live link in the criminal proceedings mentioned in Article 10(2). (2) The court shall not give a direction under paragraph (1) unless the court is satisfied that it is in the interests of justice, and of the efficient administration of justice, for the person concerned to give evidence in the proceedings in person. (3) The court may rescind a direction under paragraph (1) if it appears to the court that the condition in paragraph (2) is no longer satisfied. (4) Where it does so, the person concerned shall give evidence through a live link, but this does not prevent the court from giving a further direction under paragraph (1) in relation to that person. (5) The court shall not give or rescind a direction under paragraph (1) unless the parties to the proceedings have been given the opportunity to make representations. (6) This Article applies to expert witnesses of such class or description as the Department may prescribe in regulations. (7) Regulations shall not be made under paragraph (6) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

.

• (4) In Article 12(1) (magistrates' court permitted to sit at other locations) for sub-paragraph (a) substitute—

(a) evidence is to be given through a live link under this Part in proceedings before a magistrates' court; and

.

• (5) In Article 13 (warning to jury in Crown Court) for paragraph (1) substitute—

(1) This Article applies where evidence has been given through a live link under this Part in proceedings before the Crown Court.

.

• (6) In Article 14 (rules of court) after paragraph (2)(a) insert—

(aa) as to the procedure to be followed in connection with the making of representations under Article 11A; and

.

Live links: witnesses outside the United Kingdom

53

• (1) Part 3 of the Criminal Justice (Northern Ireland) Order 2004 (live links for witnesses in certain criminal proceedings) is amended in accordance with subsections (2) and (3).

• (2) After Article 11A (inserted by section 52) insert—

(11B) (1) This Part applies whether the witness is in the United Kingdom or elsewhere. (2) A statement made on oath by a person outside the United Kingdom and given in evidence through a link under this Part shall be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 as having been made in the proceedings in which it is given in evidence.

.

• (3) In Article 15 (interpretation)—

• (a) in paragraph (2) for “at a place in the United Kingdom which is outside the building” substitute “ absent from the place ”;

• (b) after paragraph (4) insert—

(4A) Where two or more legal representatives are acting for a party to the proceedings, paragraph (3)(c) is to be regarded as satisfied in relation to those representatives if the witness is able at all material times to see and be seen by at least one of them.

.

• (4) In section 29(3) of the Crime (International Co-operation) Act 2003 (hearing witnesses abroad through live television links) for “Article 80A(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989” substitute “ Article 10(2) of the Criminal Justice (Northern Ireland) Order 2004 ” and after “to apply” insert “ in relation to witnesses who are outside the United Kingdom ”.

Live links: patients detained in hospital under Mental Health Order

54

• (1) In each of the following provisions (which enable a live link direction to be given in relation to a person expected to be in custody) after “in custody” insert “ or detained in hospital ”

• (a) Articles 79(4)(a), 80(2), (3) and (8) and 81(2) and (3) of the Criminal Justice (Northern Ireland) Order 2008 (live link for accused in preliminary hearings and sentencing hearings);

• (b) sections 16(2), (3), (8) and (10)(a) and 17(2), (3) and (10)(a) of the Justice Act (Northern Ireland) 2011 (live link for appellant in preliminary hearing or sentencing hearing on appeal to the county court).

• (2) In each of the following at the end add “ or detained ”

• (a) Articles 80(3) and 81(3) of the Criminal Justice (Northern Ireland) Order 2008;

• (b) sections 16(3) and 17(3) of the Justice Act (Northern Ireland) 2011.

• (3) In Article 79(3) of the Criminal Justice (Northern Ireland) Order 2008 after sub-paragraph (a) insert—

(aa) references to a person being detained in hospital are references to the person's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;

.

• (4) In section 16(11) of the Justice Act (Northern Ireland) 2011 after sub-paragraph (a) insert—

(aa) references to a person being detained in hospital are references to the person's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;

.

• (5) In section 17(11) of the Justice Act (Northern Ireland) 2011 after sub-paragraph (a) insert—

(aa) references to a person being detained in hospital are references to the person's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;

.

PART 8 — VIOLENT OFFENCES PREVENTION ORDERS

Violent offences prevention orders

Violent offences prevention orders

55

• (1) A violent offences prevention order is an order made under section 56 or 57 in respect of a person (“D”) which—

• (a) contains such prohibitions or requirements authorised by section 59 as the court making the order considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by D, and

• (b) has effect for such period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged under section 60).

• (2) For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting—

• (a) the public, or

• (b) any particular members of the public,

from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.

• (3) In this Part “specified offence” means an offence for the time being listed in Part 1 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 (violent offences) or a relevant terrorism offence .

• (3A) In subsection (3), “relevant terrorism offence” means an offence under—

• (a) section 54 of the Terrorism Act 2000 (weapons training);

• (b) section 56 of that Act (directing a terrorist organisation);

• (c) section 57 of that Act (possession of article for terrorist purposes);

• (d) section 59 of that Act (inciting terrorism overseas);

• (e) section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons);

• (f) section 50 of that Act (assisting or inducing certain weapons-related acts overseas);

• (g) section 113 of that Act (use of noxious substance or thing to cause harm or intimidate);

• (h) section 5 of the Terrorism Act 2006 (preparation of terrorist acts);

• (i) section 6 of that Act (training for terrorism);

• (j) section 9 of that Act (making or possession of radioactive device or material);

• (k) section 10 of that Act (misuse of radioactive device or material for terrorist purposes etc);

• (l) section 11 of that Act (terrorist threats relating to radioactive devices etc).

• (4) But the offence mentioned in paragraph 7 of Part 1 of Schedule 2 to the 2008 Order (assault occasioning actual bodily harm) is not a specified offence for the purposes of sections 56(2) or (3) or 58(2) or (3) unless—

• (a) it was committed against—

• (i) a vulnerable adult (within the meaning of Article 2(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007);

• (ii) a person under the age of 18; or

• (iii) a person living in the same household as the offender; or

• (b) the court in sentencing the offender for the offence treated the offence as aggravated by hostility (within the meaning of Article 2 of the Criminal Justice (No. 2) (Northern Ireland) Order 2004).

Violent offences prevention order made on conviction, etc.

56

• (1) A court may make a violent offences prevention order in respect of D where subsection (2) or (3) applies to D and the court is satisfied that it is necessary to make such an order for the purpose of protecting the public from the risk of serious violent harm caused by D.

• (2) This subsection applies to D where the court deals with D in respect of a specified offence.

• (3) This subsection applies to D where the court deals with D in respect of a finding—

• (a) that D is not guilty of a specified offence by reason of insanity, or

• (b) that D is unfit to plead and has done the act charged against D in respect of such an offence.

• (4) Subsections (2) and (3) apply whether the specified offence was committed (or alleged to have been committed) before or after commencement.

Violent offences prevention order made on application of Chief Constable

57

• (1) A court of summary jurisdiction may make a violent offences prevention order in respect of D where subsection (2) applies to D and the court is satisfied that D's behaviour since the appropriate date makes it necessary to make such an order for the purpose of protecting the public from the risk of serious violent harm caused by D.

• (2) This subsection applies to D where—

• (a) an application under subsection (3) has been made to the court in respect of D, and

• (b) on the application, it is proved that D is a qualifying offender.

• (3) The Chief Constable may by complaint apply for a violent offences prevention order to be made in respect of a person who resides in Northern Ireland or who the Chief Constable believes is in, or is intending to come to, Northern Ireland if it appears to the Chief Constable that—

• (a) the person is a qualifying offender, and

• (b) the person has, since the appropriate date, acted in such a way as to give reasonable cause to believe that it is necessary for a violent offences prevention order to be made in respect of the person.

• (4) In this section “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 58(2) or (3).

• (5) On an application under subsection (3) in respect of D the court must—

• (a) afford D an opportunity of making representations; and

• (b) in deciding whether it is necessary to make a violent offences prevention order for the purpose of protecting the public from the risk of serious violent harm caused by D, have regard to whether D would, at any time when such an order would be in force, be subject under any other statutory provision to any measures that would operate to protect the public from the risk of such harm.

• (6) Article 78(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 does not apply to a complaint under this section.

Qualifying offenders

58

• (1) In this Part “qualifying offender” means a person who is within subsection (2) or (3).

• (2) A person is within this subsection if (whether before or after commencement)—

• (a) the person has been convicted of a specified offence;

• (b) the person has been found not guilty of a specified offence by reason of insanity, or

• (c) the person has been found to be unfit to be tried and to have done the act charged in respect of a specified offence.

• (3) A person is within this subsection if, under the law in force in a country outside Northern Ireland (and whether before or after commencement)—

• (a) the person has been convicted of a relevant offence,

• (b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person was not guilty by reason of insanity, or

• (c) such a court has, in respect of a relevant offence, made a finding equivalent to a finding that the person was unfit to be tried and did the act charged in respect of the offence.

• (4) In subsection (3) “relevant offence” means an act which—

• (a) constituted an offence under the law in force in the country concerned, and

• (b) would have constituted a specified offence if it had been done in Northern Ireland.

• (5) An act punishable under the law in force in a country outside Northern Ireland constitutes an offence under that law for the purposes of subsection (4) however it is described in that law.

• (6) Subject to subsection (7), on an application under section 57, the condition in subsection (4)(b) (where relevant) is to be taken as met in relation to the person to whom the application relates unless, not later than magistrates' court rules may provide, that person serves on the Chief Constable a notice—

• (a) denying that, on the facts as alleged with respect to the act in question, the condition is met,

• (b) giving the reasons for denying that it is met, and

• (c) requiring the Chief Constable to prove that it is met.

• (7) If the court thinks fit, it may permit that person to require the Chief Constable to prove that the condition is met even though no notice has been served under subsection (6).

Provisions that violent offences prevention orders may contain

59

• (1) A violent offences prevention order may contain provisions prohibiting D from doing anything described in the order or requiring D to do anything described in the order (or both).

• (2) The only prohibitions or requirements that may be included in the order are those necessary for the purpose of protecting the public from the risk of serious violent harm caused by D.

Variation, renewal or discharge of violent offences prevention orders

60

• (1) D or the Chief Constable may apply to the appropriate court—

• (a) for an order varying or discharging a violent offences prevention order;

• (b) for an order renewing a violent offences prevention order for such period of not more than 5 years as is specified in the renewal order.

• (2) Subject to subsections (3) to (5), on an application under this section the court may, after hearing—

• (a) the applicant, and

• (b) the other person mentioned in subsection (1), if that person wishes to be heard,

make such order varying, renewing or discharging the violent offences prevention order as the court considers appropriate.

• (3) A violent offences prevention order may only be—

• (a) renewed, or

• (b) varied so as to impose additional prohibitions or requirements on D,

if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by D (and any renewed or varied order may contain only such prohibitions or requirements as the court considers necessary for this purpose).

• (4) References in subsection (3) to prohibitions or requirements are to prohibitions or requirements authorised by section 59.

• (5) The court may not discharge a violent offences prevention order before the end of the period of 2 years beginning with the date on which it comes into force unless consent to its discharge is given by D and the Chief Constable.

• (6) In this section “the appropriate court” means—

• (a) where the violent offences prevention order was made under section 56 by (or on appeal from) the Crown Court, that court; and

• (b) in any other case, a court of summary jurisdiction.

• (7) An application under this section may be made—

• (a) where the appropriate court is the Crown Court, in accordance with Crown Court rules;

• (b) in any other case by complaint under Part 7 of the Magistrates' Court (Northern Ireland) Order 1981 and in accordance with magistrates' court rules.

Interim violent offences prevention orders

61

• (1) This section applies where an application under section 57 (“the main application”) in respect of D has not yet been determined.

• (2) An application for an order under this section (“an interim violent offences prevention order”) may be made—

• (a) by the complaint by which the main application is made, or

• (b) if the main application has already been made to a court, by means of a further complaint made to that court by the Chief Constable.

• (3) If it appears to the court—

• (a) that D is a qualifying offender,

• (b) that, if the court were determining that application, it would be likely to make a violent offences prevention order in respect of D, and

• (c) that it is desirable to act before that application is determined, with a view to securing the immediate protection of the public from the risk of serious violent harm caused by D,

the court may make an interim violent offences prevention order in respect of that person that contains such prohibitions or requirements as it considers necessary for the purpose of protecting the public from the risk of such harm.

• (4) The reference in subsection (3) to prohibitions or requirements is to prohibitions or requirements authorised by section 59 in the case of a violent offences prevention order.

• (5) An interim violent offences prevention order—

• (a) has effect only for such period as is specified in the order, and

• (b) ceases to have effect (if it has not already done so) at the appropriate time.

• (6) “The appropriate time” means—

• (a) if the court grants the main application, the time when a violent offences prevention order made in pursuance of it comes into force;

• (b) if the court decides not to grant the main application or it is withdrawn, the time when the court so decides or the application is withdrawn.

• (7) Section 60 applies in relation to the variation or discharge of an interim violent offences prevention order as it applies in relation to the variation or discharge of a violent offences prevention order, but with the omission of subsection (5).

Notice of applications

62

• (1) This section applies to—

• (a) any application under section 57 for a violent offences prevention order in respect of D,

• (b) any application under section 61 for an interim violent offences prevention order in respect of D, and

• (c) any application under section 60 for the variation, discharge or renewal of a violent offences prevention order made in respect of D, or for the variation or discharge of an interim violent offences prevention order so made.

• (2) A court may not begin hearing such an application unless it is satisfied that D has been given notice of—

• (a) the application, and

• (b) the time and place of the hearing,

a reasonable time before the hearing.

Appeals

63

• (1) D may appeal against the making of a violent offences prevention order under section 56—

• (a) where subsection (2) of that section applied to D, as if the order were a sentence passed on D for the offence;

• (b) where subsection (3) (but not subsection (2)) of that section applied to D, as if D had been convicted of the offence and the order were a sentence passed on D for that offence.

• (2) D may appeal to the county court against—

• (a) the making of a violent offences prevention order under section 57;

• (b) the making of an interim violent offences prevention order.

• (3) D may appeal against the making of an order under section 60 or the refusal to make such an order—

• (a) where the application for such an order was made to the Crown Court, to the Court of Appeal;

• (b) in any other case to the county court.

• (4) On an appeal under subsection (2) or (3)(b), the county court—

• (a) may make such orders as may be necessary to give effect to its determination of the appeal; and

• (b) may also make such incidental or consequential orders as appear to it to be just.

Notification requirements

Offenders subject to notification requirements

64

• (1) References in the following provisions of this Part to an offender subject to notification requirements are references to an offender who is for the time being subject to a violent offences prevention order or an interim violent offences prevention order which is in force under this Part.

• (2) Subsection (1) has effect subject to section 67(7) (which excludes from section 67 an offender subject to an interim violent offences prevention order).

Notification requirements: initial notification

65

• (1) An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which the violent offences prevention order or the interim violent offences prevention order comes into force in relation to the offender (“the relevant date”).

• (2) The “required information” is the following information about the offender—

• (a) date of birth;

• (b) national insurance number;

• (c) name on the relevant date or, if the offender used two or more names on that date, each of those names;

• (d) home address on the relevant date;

• (e) name on the date on which the notification is given or, if the offender used two or more names on that date, each of those names;

• (f) home address on the date on which the notification is given;

• (g) the address of any other premises in the United Kingdom at which on that date the offender regularly resides or stays;

• (h) any information prescribed by regulations made by the Department.

• (3) When determining the period of 3 days mentioned in subsection (1), there is to be disregarded any time when the offender is—

• (a) remanded in or committed to custody by an order of a court;

• (b) serving a custodial sentence;

• (c) detained in a hospital; or

• (d) outside the United Kingdom.

• (4) In this Part “home address” means in relation to the offender—

• (a) the address of the offender's sole or main residence in the United Kingdom, or

• (b) if the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found or, if there is more than one such place, such one of them as the offender selects.

Notification requirements: changes

66

• (1) An offender subject to notification requirements must, within the period of 3 days beginning with the date on which any notifiable event occurs, notify to the police—

• (a) the required new information, and

• (b) the information mentioned in section 65(2).

• (2) A “notifiable event” means—

• (a) the use by the offender of a name which has not been notified to the police under section 65 or this section;

• (b) any change of the offender's home address;

• (c) the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under section 65 or this section;

• (d) any prescribed change of circumstances; or

• (e) the release of the offender from custody pursuant to an order of a court or from a custodial sentence or detention in a hospital.

• (3) The “required new information” is—

• (a) the name referred to in subsection (2)(a),

• (b) the new home address (see subsection (2)(b)),

• (c) the address of the premises referred to in subsection (2)(c),

• (d) the prescribed details, or

• (e) the fact that the offender has been released as mentioned in subsection (2)(e),

as the case may be.

• (4) A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.

• (5) If a notification is given in accordance with subsection (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

• (6) If a notification is given in accordance with subsection (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

• (a) the notification does not affect the duty imposed by subsection (1), and

• (b) the offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

• (7) Section 65(3) applies to the determination of—

• (a) any period of 3 days for the purposes of subsection (1), or

• (b) any period of 6 days for the purposes of subsection (6),

as it applies to the determination of the period of 3 days mentioned in section 65(1).

• (8) In this section—

• (a) “prescribed change of circumstances” means any change—

• (i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 65(2)(h), and

• (ii) of a description prescribed by regulations made by the Department;

• (b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.

• (9) In this section “qualifying period” means—

• (a) a period of 7 days, or

• (b) two or more periods, in any period of 12 months, which taken together amount to 7 days.

Notification requirements: periodic notification

67

• (1) An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in section 65(2), unless the offender has already given a notification under section 66(1) within that period.

• (2) A “notification date” means, in relation to the offender, the date of any notification given by the offender under section 65(1) or 66(1) or subsection (1).

• (3) Where the applicable period would (apart from this subsection) end while subsection (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which subsection (4) first ceases to apply.

• (4) This subsection applies if the offender is—

• (a) remanded in or committed to custody by an order of a court,

• (b) serving a custodial sentence,

• (c) detained in a hospital, or

• (d) outside the United Kingdom.

• (5) In this section “the applicable period” means—

• (a) in any case where subsection (6) applies, such period as may be prescribed by regulations made by the Department, and

• (b) in any other case, the period of one year.

• (6) This subsection applies if the last home address notified by the offender under section 65(1) or 66(1) or subsection (1) was the address or location of such a place as is mentioned in section 65(4)(b).

• (7) Nothing in this section applies to an offender who is subject to an interim violent offences prevention order.

Notification requirements: absence from notified residence

68

• (1) This section applies to an offender subject to notification requirements at any time if the last home address notified by the offender under section 65(1), 66(1) or 67(1) was an address in Northern Ireland such as is mentioned in section 65(4)(a) (sole or main residence).

• (2) If the offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the 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 offender will leave that home address;

• (b) such details as the offender holds about—

• (i) the offender's travel arrangements during the relevant period;

• (ii) the offender's accommodation arrangements during that period;

• (iii) the offender's date of return to that address.

• (4) In this section—

• “travel arrangements” include, in particular, the means of transport to be used and the dates of travel,

• “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.

• (5) Where—

• (a) an offender has given a notification under subsection (2), and

• (b) at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete,

the offender must give a further notification under subsection (2).

• (6) Where an offender—

• (a) has notified a date of return to the offender's home address, but

• (b) returns to that home address on a date other than that notified,

the offender must notify the date of the offender's actual return to the police within 3 days of the 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 69.

• (8) In calculating the relevant period for the purposes of this section there is to be disregarded—

• (a) any period or periods which the offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 65(2)(g) notified to the police under section 65(1), 66(1) or 67(1);

• (b) any period or periods which the offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 66(2)(c).

Notification requirements: travel outside the United Kingdom

69

• (1) The Department may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—

• (a) requiring such persons, before they leave the United Kingdom, to give in accordance with the regulations a notification under subsection (2);

• (b) requiring such persons, if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

• (2) A notification under this subsection must disclose—

• (a) the date on which the offender proposes to leave the United Kingdom;

• (b) the country (or, if there is more than one, the first country) to which the offender proposes to travel and the proposed point of arrival (determined in accordance with the regulations) in that country;

• (c) any other information prescribed by the regulations which the offender holds about the offender's departure from or return to the United Kingdom, or about the offender's movements while outside the United Kingdom.

• (3) A notification under this subsection must disclose any information prescribed by the regulations about the offender's return to the United Kingdom.

Method of notification and related matters

70

• (1) An offender gives a notification to the police under section 65(1), 66(1), 67(1) or 68(2) or (6) by—

• (a) attending at any police station in Northern Ireland prescribed by regulations under section 87(1)(a) of the Sexual Offences Act 2003, and

• (b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

• (2) Any notification given in accordance with this section must be acknowledged; and the acknowledgement must be—

• (a) in writing, and

• (b) in such form as the Department may direct.

• (3) Where a notification is given under section 65(1), 66(1), 67(1) or 68(2) or (6), the offender must, if requested to do so by the police officer or other person mentioned in subsection (1)(b), allow that officer or person to—

• (a) take the offender's fingerprints,

• (b) photograph any part of the offender, or

• (c) do both of those things.

• (4) Fingerprints and photographs taken from an offender under this section—

• (a) are to be used for verifying the identity of the offender at any time while the offender is subject to notification requirements; and

• (b) may also, subject to the following provisions of this section, be used for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

• (5) Fingerprints taken from an offender under this section must be destroyed no later than the date on which the offender ceases to be subject to notification requirements, unless they are retained under the power conferred by subsection (7).

• (6) Subsection (7) applies where—

• (a) fingerprints have been taken from a person under any power conferred by the Police and Criminal Evidence (Northern Ireland) Order 1989;

• (b) fingerprints have also subsequently been taken from that person under this section; and

• (c) the fingerprints taken as mentioned in paragraph (a) do not constitute a complete and up to date set of the person's fingerprints or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching.

• (7) Where this subsection applies—

• (a) the fingerprints taken as mentioned in subsection (6)(b) may be retained as if taken from the person under the power mentioned in subsection (6)(a); and

• (b) the fingerprints taken as mentioned in subsection (6)(a) must be destroyed.

• (8) Photographs taken of any part of the offender under this section must be destroyed no later than the date on which the offender ceases to be subject to notification requirements unless they are retained by virtue of an order under subsection (9).

• (9) The Chief Constable may apply to a District Judge (Magistrates' Courts) for an order extending the period for which photographs taken under this section may be retained.

• (10) An application for an order under subsection (9) must be made within the period of 3 months ending on the last day on which the offender will be subject to notification requirements.

• (11) An order under subsection (9) may extend the period for which photographs may be retained by a period of 2 years beginning when the offender ceases to be subject to notification requirements.

• (12) The following persons may appeal to the county court against an order under subsection (9), or a refusal to make such an order—

• (a) the Chief Constable;

• (b) the person in relation to whom the order was sought.

• (13) In this section—

• (a) “photograph” includes any process by means of which an image may be produced; and

• (b) references to the destruction or retention of photographs or fingerprints include references to the destruction or retention of copies of those photographs or fingerprints.

Supplementary

Offences

71

• (1) If a person fails, without reasonable excuse, to comply with any prohibition or requirement contained in—

• (a) a violent offences prevention order, or

• (b) an interim violent offences prevention order,

the person commits an offence.

• (2) If a person fails, without reasonable excuse, to comply with—

• (a) section 65(1), 66(1) or (6)(b), 67(1), 68(2) or (6) or 70(3), or

• (b) any requirement imposed by regulations made under section 69(1),

the person commits an offence.

• (3) If a person notifies to the police, in purported compliance with—

• (a) section 65(1), 66(1), 67(1) or 68(2) or (6), or

• (b) any requirement imposed by regulations made under section 69(1),

any information which the person knows to be false, the person commits an offence.

• (4) As regards an offence under subsection (2), so far as it relates to non-compliance with—

• (a) section 65(1), 66(1), 67(1) or 68(2) or (6), or

• (b) any requirement imposed by regulations made under section 69(1),

a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.

• (5) But a person must not be prosecuted under subsection (2) more than once in respect of the same failure.

• (6) 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 5 years or a fine or both.

Supply of information to relevant Northern Ireland departments or Secretary of State

72

• (1) This section applies to information notified to the police under section 65(1), 66(1) or 67(1).

• (2) The Chief Constable may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

• (a) a relevant Northern Ireland department,

• (b) the Secretary of State, or

• (c) a person providing services to a relevant Northern Ireland department or the Secretary of State in connection with a relevant function,

for use for the purpose of verifying the information.

• (3) In relation to information supplied to any person under subsection (2), the reference to verifying the information is a reference to—

• (a) checking its accuracy by comparing it with information held—

• (i) where the person is a relevant Northern Ireland department or the Secretary of State, by that department or the Secretary of State in connection with the exercise of a relevant function, or

• (ii) where the person is within subsection (2)(c), by that person in connection with the provision of services as mentioned there, and

• (b) compiling a report of that comparison.

• (4) Subject to subsection (5), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising).

• (5) This section does not authorise the doing of anything that contravenes the data protection legislation .

• (6) This section does not affect any power to supply information that exists apart from this section.

• (7) In this section—

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “relevant Northern Ireland department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;

• “relevant function” means—in relation to the Department for Employment and Learning, a function relating to employment or training;in relation to the Department of the Environment, a function under Part 2 of the Road Traffic (Northern Ireland) Order 1981;in relation to the Department for Social Development, a function relating to social security or child support;in relation to the Secretary of State, a function relating to passports.

Supply of information by relevant Northern Ireland departments or Secretary of State

73

• (1) A report compiled under section 72 may be supplied to the Chief Constable by—

• (a) the relevant Northern Ireland department,

• (b) the Secretary of State, or

• (c) a person within section 72(2)(c).

• (2) Such a report may contain any information held—

• (a) by the relevant Northern Ireland department or the Secretary of State in connection with the exercise of a relevant function, or

• (b) by a person within section 72(2)(c) in connection with the provision of services as mentioned there.

• (3) Where such a report contains information within subsection (2), the Chief Constable—

• (a) may, subject to subsections (4) to (8), retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, and

• (b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

• (4) The information must be destroyed no later than the date on which the offender ceases to be subject to notification requirements unless it is retained by virtue of an order under subsection (5).

• (5) The Chief Constable may apply to a District Judge (Magistrates' Court) for an order extending the period for which the information may be retained.

• (6) An application for an order under subsection (5) must be made within the period of 3 months ending on the last day on which the offender will be subject to notification requirements.

• (7) An order under subsection (5) may extend the period for which the information may be retained by a period of 2 years beginning when the offender ceases to be subject to notification requirements.

• (8) The following persons may appeal to the county court against an order under subsection (5), or a refusal to make such an order—

• (a) the Chief Constable;

• (b) the person in relation to whom the order was sought.

• (9) Subsections (4) to (7) of section 72 apply in relation to this section as they apply in relation to section 72.

Information about release or transfer

74

• (1) This section applies to an offender subject to notification requirements who is—

• (a) serving a custodial sentence; or

• (b) detained in a hospital.

• (2) The Department may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—

• (a) of the fact that that person has become responsible for the offender; and

• (b) of any occasion when—

• (i) the offender is released, or

• (ii) a different person is to become responsible for the offender.

• (3) In subsection (2) “specified persons” means persons specified, or of a description specified, in the regulations.

• (4) The regulations may make provision for determining who is to be taken for the purposes of this section as being responsible for an offender.

Power of entry and search of offender’s home address

75

• (1) If, on an application made by a police officer of the rank of superintendent or above, a lay magistrate is satisfied that the requirements in subsection (2) are met in relation to any premises, the lay magistrate may issue a warrant authorising a constable—

• (a) to enter the premises for the purpose of assessing the risks posed by the offender subject to notification requirements to whom the warrant relates; and

• (b) to search the premises for that purpose.

• (2) The requirements are—

• (a) that the address of each set of premises specified in the application is an address falling within subsection (3);

• (b) that the offender is not one to whom subsection (4) applies;

• (c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a);

• (d) that, in a case where a person other than the offender resides there, it is proportionate in all the circumstances for a constable to enter and search the premises for that purpose; and

• (e) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.

• (3) An address falls within this subsection if—

• (a) it is the address which was last notified in accordance with this Part by the offender to the police as the offender's home address; or

• (b) there are reasonable grounds to believe that the offender resides there or may regularly be found there.

• (4) This subsection applies to an offender if the offender is—

• (a) remanded in or committed to custody by order of a court;

• (b) serving a custodial sentence;

• (c) detained in a hospital; or

• (d) outside the United Kingdom.

• (5) A warrant issued under this section must specify the one or more sets of premises to which it relates.

• (6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

• (7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the lay magistrate is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

• (8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

• (9) In this section a reference to the offender subject to notification requirements to whom the warrant relates is a reference to the offender—

• (a) who has in accordance with this Part notified the police that the premises specified in the warrant are the offender's home address; or

• (b) in respect of whom there are reasonable grounds to believe that the offender resides there or may regularly be found there.

Interpretation of this Part

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• (1) In this Part—