Paragraph 8 I1

After Schedule 4 insert—

“Schedule 4A

Domestic offence notification orders

Section 57A

Introductory

1

In this Schedule—

• “the appropriate court” means—

  1. (a)

     in England and Wales or Northern Ireland, the High Court;

  2. (b)

     in Scotland, the Court of Session;

• “authorised person” means the Secretary of State or—

  1. (a)

     in England and Wales, a chief officer of police;

  2. (b)

     in Scotland, the chief constable of the Police Service of Scotland;

  3. (c)

     in Northern Ireland, the chief constable of the Police Service of Northern Ireland;

• “offence”: any reference to an offence is to an offence under the law of England and Wales, Scotland or Northern Ireland (and does not include a service offence).

Domestic offence notification orders

2

(1)

An authorised person may apply to the appropriate court for an order under this paragraph (a “domestic offence notification order”) in respect of a person (“the offender”).

(2)

On the application, the court must make a domestic offence notification order in respect of the offender if it is satisfied that the following 4 conditions are met (and must otherwise refuse the application).

(3)

The first condition is that the offender has been dealt with for an offence (“the relevant offence”) that—

(a)

was committed before 29 June 2021,

(b)

is punishable with imprisonment for more than 2 years, and

(c)

is not an excluded offence.

(4)

“Excluded offence” means—

(a)

an offence to which this Part applied when the offender was dealt with (see sections 41 and 42),

(b)

an offence in relation to which section 30 or 31 of this Act or section 69 of the Sentencing Code applied,

(c)

an offence in relation to which section 31 of this Act would have applied if paragraph (b) of subsection (1) of that section were omitted, or

(d)

an offence under section 19, 21A or 39 of the Terrorism Act 2000.

(5)

If the offender was dealt with for the relevant offence before the commencement of this Part, sub-paragraph (4) applies as if for paragraph (a) there were substituted—

“(a)

an offence which, on the commencement of this Part, was within section 41(1) or (2),”.

(6)

The second condition is that—

(a)

the offender has been dealt with for the relevant offence in a way mentioned in section 45 (reading any reference to an offence to which this Part applies as a reference to the relevant offence),

(b)

the offender was aged 16 or over at the time of being dealt with for the relevant offence, and

(c)

the offender—

(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.

(7)

The third condition is that the relevant offence has a terrorist connection (see section 93).

(8)

The fourth condition is that the period in respect of which the notification requirements would apply in respect of the relevant offence (see section 53) has not expired.

Restrictions on applications for domestic offence notification orders

3

(1)

A chief officer of police may apply for a domestic offence notification order in respect of a person only if—

(a)

the person resides in the chief officer’s police area, or

(b)

the chief officer believes that the person is in, or is intending to come to, that area.

(2)

The chief constable of the Police Service of Scotland may apply for a domestic offence notification order in respect of a person only if—

(a)

the person resides in Scotland, or

(b)

the chief constable believes that the person is in, or is intending to come to, Scotland.

(3)

The chief constable of the Police Service of Northern Ireland may apply for a domestic offence notification order in respect of a person only if—

(a)

the person resides in Northern Ireland, or

(b)

the chief constable believes that the person is in, or is intending to come to, Northern Ireland.

Effect of domestic offence notification order

4

The effect of a domestic offence notification order is that the notification requirements of this Part apply to the offender.

Modifications of this Part

5

(1)

The following modifications apply where a domestic offence notification order is made.

(2)

Section 43(1) does not apply to the offender, as regards the relevant offence.

(3)

Section 47(1) (initial notification) applies as if the reference to the day on which the person is dealt with were a reference to the date of service of the domestic offence notification order.

(4)

For the purposes of section 53 (period for which notification requirements apply), references there to “the offence” are to the relevant offence.

(5)

For the meaning of “the relevant offence”, see paragraph 2(3).”