Office of Public Sector Information
(1) This Part imposes notification requirements on persons dealt with in respect of certain offences—
(a) sections 41 to 43 specify the offences to which this Part applies;
(b) sections 44 to 46 make provision as to the sentences or orders triggering the notification requirements;
(c) sections 47 to 52 contain the notification requirements; and
(d) section 53 makes provision as to the period for which the requirements apply.
(2) This Part also provides for—
(a) orders applying the notification requirements to persons dealt with outside the United Kingdom for corresponding foreign offences (see section 57 and Schedule 4); and
(b) orders imposing restrictions on travel outside the United Kingdom on persons subject to the notification requirements (see section 58 and Schedule 5).
(3) Schedule 6 provides for the application of this Part to service offences and related matters.
(1) This Part applies to—
(a) an offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—
section 11 or 12 (offences relating to proscribed organisations),
sections 15 to 18 (offences relating to terrorist property),
section 38B (failure to disclose information about acts of terrorism),
section 54 (weapons training),
sections 56 to 61 (directing terrorism, possessing things and collecting information for the purposes of terrorism and inciting terrorism outside the United Kingdom);
(b) an offence in respect of which there is jurisdiction by virtue of any of sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);
(c) an offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things);
(d) an offence under any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—
sections 1 and 2 (encouragement of terrorism),
sections 5, 6 and 8 (preparation and training for terrorism),
sections 9, 10 and 11 (offences relating to radioactive devices and material and nuclear facilities);
(e) an offence in respect of which there is jurisdiction by virtue of section 17 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc).
(2) This Part also applies to any ancillary offence in relation to an offence listed in subsection (1).
(3) The Secretary of State may by order amend subsection (1).
(4) Any such order is subject to affirmative resolution procedure.
(5) An order adding an offence applies only in relation to offences dealt with after the order comes into force.
(6) An order removing an offence has effect in relation to offences whenever dealt with, whether before or after the order comes into force.
(7) Where an offence is removed from the list, a person subject to the notification requirements by reason of that offence being listed (and who is not otherwise subject to those requirements) ceases to be subject to them when the order comes into force.
(1) This Part applies to—
(a) an offence as to which a court has determined under section 30 (sentences for offences with a terrorist connection: England and Wales) that the offence has a terrorist connection, and
(b) an offence in relation to which section 31 applies (sentences for offences with terrorist connection: Scotland).
(2) A person to whom the notification requirements apply by virtue of such a determination as is mentioned in subsection (1)(a) may appeal against it to the same court, and subject to the same conditions, as an appeal against sentence.
(3) If the determination is set aside on appeal, the notification requirements are treated as never having applied to that person in respect of the offence.
(4) Where an order is made under section 33 removing an offence from the list in Schedule 2, a person subject to the notification requirements by reason of that offence being so listed (and who is not otherwise subject to those requirements) ceases to be subject to them when the order comes into force.
(1) This Part applies to a person dealt with for an offence before the commencement of this Part only if—
(a) the offence is on the commencement of this Part within section 41(1) or (2) (offences to which this Part applies: terrorism offences), and
(b) immediately before the commencement of this Part the person—
(i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,
(ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or
(iii) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence.
(2) In relation to a person dealt with for an offence before the commencement of this Part—
(a) any reference in this Part to a sentence or order under a specified statutory provision includes a sentence or order under any corresponding earlier statutory provision;
(b) any reference in this Part to a person being or having been found to be under a disability and to have done the act charged against them in respect of an offence includes a reference to their being or having been found—
(i) unfit to be tried for the offence,
(ii) insane so that their trial for the offence cannot or could not proceed, or
(iii) unfit to be tried and to have done the act charged against them in respect of the offence.
The notification requirements apply to a person who—
(a) is aged 16 or over at the time of being dealt with for an offence to which this Part applies, and
(b) is made subject in respect of the offence to a sentence or order within section 45 (sentences or orders triggering notification requirements).
(1) The notification requirements apply to a person who in England and Wales—
(a) has been convicted of an offence to which this Part applies and sentenced in respect of the offence to—
(i) imprisonment or custody for life,
(ii) imprisonment or detention in a young offender institution for a term of 12 months or more,
(iii) imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (c. 44),
(iv) detention for life or for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (offenders under 18 convicted of certain serious offences),
(v) a detention and training order for a term of 12 months or more under section 100 of that Act (offenders under age of 18),
(vi) detention for public protection under section 226 of the Criminal Justice Act 2003 (serious offences committed by persons under 18), or
(vii) detention during Her Majesty’s pleasure; or
(b) has been—
(i) convicted of an offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii) found not guilty by reason of insanity of such an offence, or
(iii) found to be under a disability and to have done the act charged against them in respect of such an offence,
and made subject in respect of the offence to a hospital order.
(2) The notification requirements apply to a person who in Scotland—
(a) has been convicted of an offence to which this Part applies and sentenced in respect of the offence to—
(i) imprisonment or detention in a young offenders institution for life,
(ii) imprisonment or detention in a young offenders institution for a term of 12 months or more,
(iii) an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995 (c. 46),
(iv) detention without limit of time under section 205(2) of that Act (punishment for murder for offenders under 18), or
(v) detention for a period of 12 months or more under section 208 of that Act (detention of children convicted on indictment); or
(b) has been—
(i) convicted of an offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii) acquitted of such an offence on grounds of insanity at the time of the act or omission constituting the offence, or
(iii) found, following an examination of facts under section 55 of the Criminal Procedure (Scotland) Act 1995 (insanity in bar of trial: examination of facts) in relation to such an offence, to have done the act or omission constituting the offence,
and made subject in respect of the offence to a hospital order.
(3) The notification requirements apply to a person who in Northern Ireland—
(a) has been convicted of an offence to which this Part applies and sentenced in respect of the offence to—
(i) imprisonment for life,
(ii) imprisonment or detention in a young offenders centre for a term of 12 months or more,
(iii) an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),
(iv) an extended custodial sentence under Article 14(5) of that Order (offenders under 21 convicted of certain offences),
(v) a juvenile justice centre order under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) for a period of 12 months or more,
(vi) detention during the pleasure of the Secretary of State under Article 45(1) of that Order (punishment of certain grave crimes committed by a child), or
(vii) detention under Article 45(2) of that Order for a period of 12 months or more (other serious offences committed by a child); or
(b) has been—
(i) convicted of an offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii) found not guilty by reason of insanity of such an offence, or
(iii) found to be unfit to be tried and to have done the act charged against them in respect of such an offence,
and made subject in respect of the offence to a hospital order.
(4) The references in this section to an offence carrying a maximum term of imprisonment of 12 months or more—
(a) are to an offence carrying such a maximum term in the case of a person who has attained the age of 21 (18 in relation to England and Wales), and
(b) include an offence carrying in the case of such a person a maximum term of life imprisonment and an offence for which in the case of such a person the sentence is fixed by law as life imprisonment.
(5) In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) subsection (4)(a) above has effect with the omission of the words “(18 in relation to England and Wales)”.
(1) The Secretary of State may by order amend the provisions of section 45 referring to a specified term or period of imprisonment or detention.
(2) An order reducing a specified term or period has effect only in relation to persons dealt with after the order comes into force.
(3) Where an order increases a specified term or period—
(a) it has effect in relation to persons dealt with at any time, whether before or after the order comes into force, and
(b) a person who would not have been subject to the notification requirements if the order had been in force when the offence was dealt with (and who is not otherwise subject to those requirements) ceases to be subject to the requirements when the order comes into force.
(4) An order under this section is subject to affirmative resolution procedure.
(1) A person to whom the notification requirements apply must notify the following information to the police within the period of three days beginning with the day on which the person is dealt with in respect of the offence in question.
(2) The information required is—
(a) date of birth;
(b) national insurance number;
(c) name on the date on which the person was dealt with in respect of the offence (where the person used one or more other names on that date, each of those names);
(d) home address on that date;
(e) name on the date on which notification is made (where the person uses one or more other names on that date, each of those names);
(f) home address on the date on which notification is made;
(g) address of any other premises in the United Kingdom at which, at the time the notification is made, the person regularly resides or stays;
(h) any prescribed information.
(3) In subsection (2) “prescribed” means prescribed by regulations made by the Secretary of State.
Such regulations are subject to affirmative resolution procedure.
(4) In determining the period within which notification is to be made under this section, there shall be disregarded any time when the person is—
(a) remanded in or committed to custody by an order of a court,
(b) serving a sentence of imprisonment or detention,
(c) detained in a hospital, or
(d) detained under the Immigration Acts.
(5) This section does not apply to a person who—
(a) is subject to the notification requirements in respect of another offence (and does not cease to be so subject before the end of the period within which notification is to be made), and
(b) has complied with this section in respect of that offence.
(6) In the application of this section to a person dealt with for an offence before the commencement of this Part who, immediately before commencement—
(a) would be imprisoned or detained in respect of the offence but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or
(b) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence,
the reference in subsection (1) to the day on which the person is dealt with in respect of the offence shall be read as a reference to the commencement of this Part.
(1) A person to whom the notification requirements apply who uses a name that has not previously been notified to the police must notify the police of that name.
(2) If there is a change of the home address of a person to whom the notification requirements apply, the person must notify the police of the new home address.
(3) A person to whom the notification requirements apply who resides or stays at premises in the United Kingdom the address of which has previously not been notified to the police—
(a) for a period of 7 days, or
(b) for two or more periods, in any period of 12 months, that taken together amount to 7 days,
must notify the police of the address of those premises.
(4) A person to whom the notification requirements apply who is released—
(a) from custody pursuant to an order of a court,
(b) from imprisonment or detention pursuant to a sentence of a court,
(c) from detention in a hospital, or
(d) from detention under the Immigration Acts,
must notify the police of that fact.
This does not apply if the person is at the same time required to notify the police under section 47 (initial notification).
(5) A person who is required to notify information within section 47(2)(h) (prescribed information) must notify the police of the prescribed details of any prescribed changes in that information.
(6) In subsection (5) “prescribed” means prescribed by regulations made by the Secretary of State.
Such regulations are subject to affirmative resolution procedure.
(7) Notification under this section must be made before the end of the period of three days beginning with the day on which the event in question occurs.
Where subsection (3) applies that is the day with which the period referred to in paragraph (a) or (b) (as the case may be) ends.
(8) In determining the period within which notification is to be made under this section, there shall be disregarded any time when the person is—
(a) remanded in or committed to custody by an order of a court,
(b) serving a sentence of imprisonment or detention,
(c) detained in a hospital, or
(d) detained under the Immigration Acts.
(9) References in this section to previous notification are to previous notification by the person under section 47 (initial notification), this section, section 49 (periodic re-notification) or section 56 (notification on return after absence from UK).
(10) Notification under this section must be accompanied by re-notification of the other information mentioned in section 47(2).
(1) A person to whom the notification requirements apply must, within the period of one year after last notifying the police in accordance with—
(a) section 47 (initial notification),
(b) section 48 (notification of change),
(c) this section, or
(d) section 56 (notification on return after absence from UK),
re-notify to the police the information mentioned in section 47(2).
(2) Subsection (1) does not apply if the period referred to in that subsection ends at a time when the person is—
(a) remanded in or committed to custody by an order of a court,
(b) serving a sentence of imprisonment or detention,
(c) detained in a hospital, or
(d) detained under the Immigration Acts.
(3) In that case section 48(4) and (10) (duty to notify of release and to re-notify other information) apply when the person is released.
(1) This section applies to notification under—
(a) section 47 (initial notification),
(b) section 48 (notification of change),
(c) section 49 (periodic re-notification), or
(d) section 56 (notification on return after absence from UK).
(2) Notification must be made by the person—
(a) attending at a police station in the person’s local police area, and
(b) making an oral notification to a police officer or to a person authorised for the purpose by the officer in charge of the station.
(3) A person making a notification under section 48 (notification of change) in relation to premises referred to in subsection (3) of that section may make the notification at a police station that would fall within subsection (2)(a) above if the address of those premises were the person’s home address.
(4) The notification must be acknowledged.
(5) The acknowledgement must be in writing, and in such form as the Secretary of State may direct.
(6) The person making the notification must, if requested to do so by the police officer or person to whom the notification is made, allow the officer or person to—
(a) take the person’s fingerprints,
(b) photograph any part of the person, or
(c) do both these things,
for the purpose of verifying the person’s identity.
(7) In the application of this section to Scotland, references to a police officer are to be read as references to a constable.
(1) For the purposes of section 50(2) (method of notification) a person’s “local police area” means—
(a) the police area in which the person’s home address is situated;
(b) in the absence of a home address, the police area in which the home address last notified is situated;
(c) in the absence of a home address and of any such notification, the police area in which the court of trial was situated.
(2) In subsection (1)(c) “the court of trial” means—
(a) the court by or before which the conviction or finding was made by virtue of which the notification requirements apply to the person, or
(b) if that conviction or finding was one substituted on an appeal or reference, the court by or before which the proceedings were taken from which the appeal or reference was brought.
(3) This section and section 50(2) apply in relation to Northern Ireland as if Northern Ireland were a police area.
(1) The Secretary of State may by regulations make provision requiring a person to whom the notification requirements apply who leaves the United Kingdom—
(a) to notify the police of their departure before they leave, and
(b) to notify the police of their return if they subsequently return to the United Kingdom.
(2) Notification of departure must disclose—
(a) the date on which the person intends to leave the United Kingdom;
(b) the country (or, if there is more than one, the first country) to which the person will travel;
(c) the person’s point of arrival (determined in accordance with the regulations) in that country;
(d) any other information required by the regulations.
(3) Notification of return must disclose such information as is required by the regulations about the person’s return to the United Kingdom.
(4) Notification under this section must be given in accordance with the regulations.
(5) Regulations under this section are subject to affirmative resolution procedure.
(1) The period for which the notification requirements apply is—
(a) 30 years in the case of a person who—
(i) is aged 18 or over at the time of conviction for the offence, and
(ii) receives in respect of the offence a sentence within subsection (2);
(b) 15 years in the case of a person who—
(i) is aged 18 or over at the time of conviction for the offence, and
(ii) receives in respect of the offence a sentence within subsection (3);
(c) 10 years in any other case.
(2) The sentences in respect of which a 30 year period applies are—
(a) in England and Wales—
(i) imprisonment or custody for life,
(ii) imprisonment or detention in a young offender institution for a term of 10 years or more,
(iii) imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (c. 44),
(iv) detention during Her Majesty’s pleasure;
(b) in Scotland—
(i) imprisonment or detention in a young offenders institution for life,
(ii) imprisonment or detention in a young offenders institution for a term of 10 years or more,
(iii) an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995 (c. 46);
(c) in Northern Ireland—
(i) imprisonment for life,
(ii) imprisonment for a term of 10 years or more,
(iii) an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),
(iv) an extended custodial sentence for a term of 10 years or more under Article 14(5) of that Order (offenders under 21 convicted of certain offences),
(v) detention during the pleasure of the Secretary of State under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)).
(3) The sentences in respect of which a 15 year period applies are—
(a) in England and Wales, imprisonment or detention in a young offender institution for a term of 5 years or more but less than 10 years;
(b) in Scotland, imprisonment or detention in a young offenders institution for a term of 5 years or more but less than 10 years;
(c) in Northern Ireland—
(i) imprisonment for a term of 5 years or more but less than 10 years,
(ii) an extended custodial sentence for a term of 5 years or more but less than 10 years under Article 14(5) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (offenders under 21 convicted of certain offences).
(4) The period begins with the day on which the person is dealt with for the offence.
(5) If a person who is the subject of a finding within section 45(1)(b)(iii), (2)(b)(iii) or (3)(b)(iii) (finding of disability, etc) is subsequently tried for the offence, the period resulting from that finding ends—
(a) if the person is acquitted, at the conclusion of the trial;
(b) if the person is convicted, when the person is again dealt with in respect of the offence.
(6) For the purposes of determining the length of the period—
(a) a person who has been sentenced in respect of two or more offences to which this Part applies to consecutive terms of imprisonment is treated as if sentenced, in respect of each of the offences, to a term of imprisonment equal to the aggregate of the terms; and
(b) a person who has been sentenced in respect of two or more such offences to concurrent terms of imprisonment (X and Y) that overlap for a period (Z) is treated as if sentenced, in respect of each of the offences, to a term of imprisonment equal to X plus Y minus Z.
(7) In determining whether the period has expired, there shall be disregarded any period when the person was—
(a) remanded in or committed to custody by an order of a court,
(b) serving a sentence of imprisonment or detention,
(c) detained in a hospital, or
(d) detained under the Immigration Acts.
Counter-terrorism Act 2008