Paragraph 9 I1

After Schedule 6 insert—

“Schedule 6A

Service offence notification orders

Section 59(2)

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.

Service offence notification orders

2

(1)

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

(2)

On the application, the court must make a service 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 a service offence (“the relevant offence”) that—

(a)

is punishable with imprisonment for more than 2 years,

(b)

is not an excluded offence, and

(c)

if a day has been appointed for the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 as that section has effect for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006, is committed before that day.

(4)

In sub-paragraph (3)(b) “excluded offence” means—

(a)

a service offence to which this Part applied when the offender was dealt with (see paragraphs 1 and 2 of Schedule 6),

(b)

a service offence in relation to which section 32 of this Act or section 69 of the Sentencing Code applied, or

(c)

a service offence as respects which the corresponding civil offence is 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)

a service offence as respects which the corresponding civil offence was on the commencement of this Part 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 paragraph 5 of Schedule 6 (reading any reference to a service 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 paragraph 7 of Schedule 6) has not expired.

Restrictions on applications for service offence notification orders

3

(1)

A chief officer of police may apply for a service 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 service 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 service 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 service offence notification order

4

The effect of a service 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 service offence notification order is made.

(2)

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 service offence notification order.

(3)

Paragraph 3(1) of Schedule 6 does not apply to the offender, as regards the relevant offence.

(4)

For the purposes of paragraph 7 of that Schedule (period for which notification requirements apply), references there to “the service offence” or “the offence” are to the relevant offence.

(5)

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