Sexual Offences Act 2003

Section 114: interpretation

Conditional discharges and probation orders

Part 2: Northern Ireland

Appeals

Surrender of passports: Northern Ireland

Short title

Section 122A: interpretation

Orders and regulations

Short title

Sections 104 and 106 to 109: Scotland

Interim RSHOs

Access to other premises

Orders and regulations

Sections 16 to 19: sexual relationships which pre-date position of trust

Sections 25 and 26: exception for spouses and civil partners

Review of indefinite notification requirements: applicable persons

Young offenders: parental directions

Review of the indefinite notification requirements: application to a sheriff

Interim RSHOs

Notification requirements: initial notification

Orders and regulations

Conditional discharges and probation orders

Short title

Short title

Positions of trust: interpretation

Sections 16 to 19: exception for spouses and civil partners

Sections 25 and 26: sexual relationships which pre-date family relationships

Persons becoming subject to notification requirements

Trafficking into the UK for sexual exploitation

The notification period

92A

An offence under Article 5 or 6 of the Sexual Offences (Northern Ireland) Order 2008 (rape, assault by penetration).

92A

An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

• (a) was 18 or over, and

• (b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.

92W

An offence under Article 73 or 74 of that Order (intercourse with an animal, penetration of a corpse) if—

• (a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

• (b) in any other case, the offender, in respect of the offence or finding, is or has been—

• (i) sentenced to a term of imprisonment, or

• (ii) detained in a hospital.

Notification requirements: periodic notification

Short title

Exposure

Disapplication of time limit for complaints

91A

• (1) A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”).

• (2) A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—

• (a) subject to the indefinite notification requirements; and

• (b) not subject to a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F, a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3) , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction).

• (3) The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—

• (a) section 80(1);

• (b) section 81(1); or

• (c) a notice given under section 96ZA.

• (4) In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).

• (5) Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1).

• (6) If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area.

• (7) In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.

91B

• (1) An application for review must be in writing and may be made on or after the qualifying date or, as the case may be, the further qualifying date.

• (2) Subject to subsection (7), the qualifying date is—

• (a) where the qualifying relevant offender was 18 or over on the relevant date, the day after the end of the 15 year period beginning with the day on which the qualifying relevant offender gives the relevant notification; or

• (b) where the qualifying relevant offender was under 18 on the relevant date, the day after the end of the 8 year period beginning with the day on which the qualifying relevant offender gives the relevant notification.

• (3) Subject to subsections (4) to (6), the further qualifying date is the day after the end of the 8 year period beginning with the day on which the relevant chief officer of police makes a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements.

• (4) Subsection (5) applies if the relevant chief officer of police, when making a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements, considers that the risk of sexual harm posed by a qualifying relevant offender is sufficient to justify a continuation of those requirements after the end of the 8 year period beginning with the day on which the determination is made.

• (5) If this subsection applies, the relevant chief officer of police may make a determination to require a qualifying relevant offender to remain subject to the indefinite notification requirements for a period which may be no longer than the 15 year period beginning with the day on which the determination is made.

• (6) If subsection (5) applies, the further qualifying date is the day after the end of the period determined under that subsection.

• (7) The qualifying date must not be earlier than the expiry of the fixed period specified in a notification continuation order made in relation to a qualifying relevant offender in accordance with sections 88A to 88I.

• (8) The relevant chief officer of police within 14 days of receipt of an application for review—

• (a) must give an acknowledgment of receipt of the application to the qualifying relevant offender, and

• (b) may notify a responsible body that the application has been made.

• (9) Where a responsible body is notified of the application for review under subsection (8)(b) and holds information which it considers to be relevant to the application, the responsible body must give such information to the relevant chief officer of police within 28 days of receipt of the notification.

• (10) In this section “the relevant notification” means the first notification which the relevant offender gives under section 83, 84 or 85 when he is first released after—

• (a) being remanded in or committed to custody by an order of a court in relation to the conviction for the offence giving rise to the indefinite notification requirements;

• (b) serving a sentence of imprisonment or a term of service detention in relation to that conviction;

• (c) being detained in hospital in relation to that conviction.

• (11) For the purposes of this Part—

• (a) “responsible body” means—

• (i) the probation trust for any area that includes any part of the police area concerned,

• (ii) in relation to any part of the police area concerned for which there is no probation trust, each provider of probation services which has been identified as a relevant provider of probation services for the purposes of section 325 of the Criminal Justice Act 2003 by arrangements under section 3 of the Offender Management Act 2007,

• (iii) the Minister of the Crown exercising functions in relation to prisons (and for this purpose “prison” has the same meaning as in the Prison Act 1952), and

• (iv) each body mentioned in section 325(6) of the Criminal Justice Act 2003, but as if the references in that subsection to the relevant area were references to the police area concerned;

• (b) “risk of sexual harm” means a risk of physical or psychological harm to the public in the United Kingdom or any particular members of the public caused by the qualifying relevant offender committing one or more of the offences listed in Schedule 3.

91C

• (1) The relevant chief officer of police must, within 6 weeks of the latest date on which any body to which a notification has been given under section 91B(8)(b) may give information under section 91B(9)—

• (a) determine the application for review, and

• (b) give notice of the determination to the qualifying relevant offender.

• (2) For the purposes of the determination of an application for review under this section, a qualifying relevant offender must satisfy the relevant chief officer of police that it is not necessary for the purpose of protecting the public or any particular members of the public from sexual harm for the qualifying relevant offender to remain subject to the indefinite notification requirements.

• (3) If the relevant chief officer of police determines under this section that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of the determination must—

• (a) contain a statement of reasons for the determination, and

• (b) inform the qualifying relevant offender that he may appeal the determination in accordance with section 91E.

• (4) If the relevant chief officer of police determines under this section that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.

• (5) The Secretary of State may by order amend the period in subsection (1).

91D

• (1) In determining an application for review under section 91C, the relevant chief officer of police must—

• (a) have regard to information (if any) received from a responsible body;

• (b) consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender; and

• (c) take into account the matters listed in subsection (2).

• (2) The matters are—

• (a) the seriousness of the offence in relation to which the qualifying relevant offender became subject to the indefinite notification requirements;

• (b) the period of time which has elapsed since the qualifying relevant offender committed the offence (or other offences);

• (c) where the qualifying relevant offender falls within section 81(1), whether the qualifying relevant offender committed any offence under section 3 of the Sex Offenders Act 1997;

• (d) whether the qualifying relevant offender has committed any offence under section 91;

• (e) the age of the qualifying relevant offender at the qualifying date or further qualifying date;

• (f) the age of the qualifying relevant offender at the time the offence referred to in paragraph (a) was committed;

• (g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the qualifying relevant offender at the time the offence was committed;

• (h) any assessment of the risk posed by the qualifying relevant offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;

• (i) any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;

• (j) any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the qualifying relevant offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);

• (k) any caution which the qualifying relevant offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;

• (l) any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the qualifying relevant offender for any offence listed in Schedule 5 where the behaviour of the qualifying relevant offender since the date of such conviction or finding indicates a risk of sexual harm;

• (m) any other submission or evidence of the risk of sexual harm posed by the qualifying relevant offender;

• (n) any evidence presented by or on behalf of the qualifying relevant offender which demonstrates that the qualifying relevant offender does not pose a risk of sexual harm; and

• (o) any other matter which the relevant chief officer of police considers to be appropriate.

• (3) In this section, a reference to a conviction, finding or caution for an offence committed in a country outside the United Kingdom means a conviction, finding or caution for 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 3 or Schedule 5 if it had been done in any part of the United Kingdom.

91E

• (1) A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91C.

• (2) An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.

• (3) A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.

• (4) If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.

91F

• (1) The Secretary of State must issue guidance to relevant chief officers of police in relation to the determination by them of applications made under section 91B.

• (2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

• (3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.

58A

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59A

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SCHEDULE 3A

Introductory

1

• (1) This Schedule applies to a person who, on or after the date on which section 1 of the Criminal Justice Act (Northern Ireland) 2013 comes into operation, is subject to the notification requirements for an indefinite period.

• (2) A person to whom this Schedule applies is referred to in this Schedule as “an offender”.

• (3) In this Schedule—

• “risk of sexual harm” means a risk of physical or psychological harm to the public or any particular members of the public caused by an offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;

• “the notification requirements” means the notification requirements of Part 2 of this Act;

• “relevant event”, in relation to an offender, is a conviction, finding or notification order which made the offender subject to the notification requirements for an indefinite period.

Initial review: applications

2

• (1) Except as provided by sub-paragraph (2), an offender may, at any time after the end of the initial review period, apply to the Chief Constable to discharge the offender from the notification requirements.

• (2) 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.

• (3) Subject to sub-paragraph (4), the initial review period is—

• (a) in the case of an offender under the age of 18 at the date of the relevant event, 8 years beginning with the date of initial notification;

• (b) in the case of any other offender, 15 years beginning with the date of initial notification.

• (4) In calculating the initial review period—

• (a) in a case where an offender is subject to the notification requirements for an indefinite period as a result of two or more relevant events, the calculation is to be made by reference to the later or latest of those events;

• (b) in any case, there is to be disregarded any period during which the offender is, in connection with a relevant event—

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

• (ii) in custody serving a sentence of imprisonment or detention; or

• (iii) detained in a hospital.

• (5) The date of initial notification is—

• (a) in the case of an offender who is subject to the notification requirements for an indefinite period by virtue of section 81, the date by which the offender was required to give notification under section 2(1) of the Sex Offenders Act 1997;

• (b) in the case of any other offender, the date by which the offender is required to give notification under section 83(1) (or would be so required but for the fact that the offender falls within an exception in section 83(2) or (4)).

• (6) An application under this paragraph must be in writing and must include—

• (a) the name, address and date of birth of the offender;

• (b) the name and address of the offender at the date of each relevant event (if different);

• (c) the date of each relevant event, and (where a relevant event is a conviction or finding) the court by or before which the conviction or finding occurred;

• (d) any information which the offender wishes to be taken into account by the Chief Constable in determining the application.

• (7) The Chief Constable must, within 14 days of the receipt of an application under this paragraph, give an acknowledgement of the receipt of the application to the offender.

• (8) The Chief Constable may, before determining any application, request information from any body or person which the Chief Constable considers appropriate.

Initial review: determination of application

3

• (1) On an application under paragraph 2 the Chief Constable shall 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 take into account—

• (a) the seriousness of the offence or offences—

• (i) of which the offender was convicted,

• (ii) of which the offender was found not guilty by reason of insanity,

• (iii) in respect of which the offender was found to be under a disability and to have done the act charged, or

• (iv) in respect of which (being relevant offences within the meaning of section 99) the notification order was made,

and which made the offender subject to the notification requirements for an indefinite period;

• (b) the period of time which has elapsed since the offender committed the offence or offences;

• (c) whether the offender has committed any offence under section 3 of the Sex Offenders Act 1997 or under section 91 of this Act;

• (d) the age of the offender at the time of the decision;

• (e) the age of the offender at the time any offence referred to in sub-paragraph (a) was committed;

• (f) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the offender at the time any such offence was committed;

• (g) any convictions or findings made by a court (including a court in England and Wales or Scotland or a country outside the United Kingdom) in respect of the offender for any other offence listed in Schedule 3;

• (h) any caution which the offender has received for an offence (including an offence in England and Wales or Scotland or a country outside the United Kingdom) which is listed in Schedule 3;

• (i) any convictions or findings made by a court (including a court in England and Wales, Scotland or a country outside the United Kingdom) in respect of the offender for any offence listed in Schedule 5 where the behaviour of the offender since the date of the conviction or finding indicates a risk of sexual harm;

• (j) whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the offender but have not concluded;

• (k) any assessment of the risk of sexual harm posed by the offender which has been made by any of the agencies mentioned in Article 49(1) of the Criminal Justice (Northern Ireland) Order 2008 (risk assessment and management);

• (l) any information presented by or on behalf of the offender;

• (m) any other information relating to the risk of sexual harm posed by the offender; and

• (n) any other matter which the Chief Constable considers to be appropriate.

• (3) In sub-paragraph (2) a reference to a conviction, finding or caution for an offence listed in Schedule 3 or 5 committed in a country outside the United Kingdom is a reference to a conviction, finding or caution in respect of 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 3 or (as the case may be) Schedule 5 if it had been done in any part of the United Kingdom.

• (4) 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.

Initial review: notice of decision

4

• (1) The Chief Constable must, within 12 weeks of the date on which an application under paragraph 2 is received, comply with this paragraph.

• (2) 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.

• (3) 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 5 and 6.

Initial review: application to Crown Court

5

• (1) Where—

• (a) the Chief Constable fails to comply with paragraph 4 within the period specified in paragraph 4(1), or

• (b) the Chief Constable serves a notice under paragraph 4(3),

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 mentioned in paragraph 4(1);

• (b) in the case of an application under sub-paragraph (1)(b), with the date of service of the notice under paragraph 4(3).

• (3) Paragraph 3 applies in relation to an application under this paragraph as it applies to an application under paragraph 2, 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.

Further reviews

6

• (1) Except as provided by sub-paragraph (2), where a notice is served on an offender under paragraph 4(3) or 5(6), the offender may, at any time after the end of the further review period, apply to the Chief Constable to discharge the offender from the notification requirements.

• (2) 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.

• (3) The further review period is—

• (a) in the case of an offender under the age of 18 at the date of the relevant event, the period of 4 years beginning with the date of service of the notice (or the last notice) served on the offender under paragraph 4(3) or 5(6);

• (b) in the case of any other offender, the period of 8 years beginning with that date.

• (4) Paragraphs 2(6) to (8), 3, 4 and 5 apply with appropriate modifications in relation to an application under this paragraph as they apply in relation to an application under paragraph 2; and a reference in this Schedule to a provision of paragraph 4 or 5 includes a reference to that provision as applied by this sub-paragraph.

Guidance

7

• (1) The Department of Justice must issue guidance as to—

• (a) the making of applications under paragraph 2 or 6; and

• (b) the determination by the Chief Constable of such applications.

• (2) The Department of Justice may, from time to time, revise the guidance issued under sub-paragraph (1).

• (3) The Department of Justice must arrange for any guidance issued or revised under this paragraph to be published in such manner as it considers appropriate.

Discharge in Great Britain

8

• (1) An offender who is, under corresponding legislation, discharged from the notification requirements by a court, person or body in England and Wales or Scotland is, by virtue of the discharge, also discharged from the notification requirements as they apply in Northern Ireland.

• (2) In sub-paragraph (1) “corresponding legislation” means legislation which makes provision corresponding to that made by this Schedule for an offender who is subject to the notification requirements (as they apply in England and Wales or, as the case may be, Scotland) for an indefinite period to be discharged from those notification requirements.

85A

• (1) This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence).

• (2) If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).

• (3) The information is—

• (a) the date on which the relevant offender will leave that home address;

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

• (i) his travel arrangements during the relevant period;

• (ii) his accommodation arrangements during that period;

• (iii) his date of return to that home address.

• (4) In this section—