Section 119 Notification of absence from sole or main residenceI1

After section 85 of the Sexual Offences Act 2003 insert—

“Notification requirements: absence from notified residence (England, Wales and Scotland)

85ZA

(1)

This section applies to a relevant offender at any time if the last home address notified by the offender under section 83(1), 83A, 84(1) or 85(1) was an address in England, Wales or Scotland 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 5 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)

their travel arrangements during the relevant period;

(ii)

their accommodation arrangements during that period;

(iii)

their date of return to that home address.

(4)

In this section—

• “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;

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

(5)

Where—

(a)

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

(b)

at any time not less than 12 hours before the offender leaves their home address, the information notified becomes inaccurate or incomplete,

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

(6)

Where a relevant offender—

(a)

has notified a date of return to their home address, but

(b)

returns to their home address on a date other than that notified,

the relevant offender must notify the date of their actual return to the police within 3 days of their 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 86.

(8)

The appropriate authority may by regulations amend subsection (2) so as to change the duration of the relevant period, provided that the relevant period is at least 5 days.

(9)

In subsection (8) the “appropriate authority” means—

(a)

in relation to a relevant offender whose last home address notified under section 83(1), 83A, 84(1) or 85(1) was an address in England or Wales such as is mentioned in section 83(7)(a), the Secretary of State;

(b)

in relation to a relevant offender whose last home address notified under section 83(1), 83A, 84(1) or 85(1) was an address in Scotland such as is mentioned in section 83(7)(a), the Scottish Ministers.”

In section 85A of the Sexual Offences Act 2003 (notification requirements: absence from notified residence (Northern Ireland)), after subsection (7) insert—

“(7A)

The Department of Justice in Northern Ireland may by regulations amend subsection (2) so as to change the duration of the relevant period, provided that the relevant period is at least 3 days.”