Section 120 Child sex offenders: requirement to notify if entering premises where children presentI1

After section 86 of the Sexual Offences Act 2003 insert—

“Notification requirements: persons required to notify if entering premises at which children present

86A

(1)

A relevant offender is subject to the requirements in section 86B if—

(a)

the offender is a child sex offender, or

(b)

a chief officer of police has given the offender a notice stating that the offender is subject to the requirements in section 86B, and the notice has not been cancelled.

(2)

A chief officer of police may give a relevant offender a notice under subsection (1)(b) if, when the notice is given, the chief officer—

(a)

is the chief officer of police for the offender’s relevant police area, and

(b)

is satisfied that it is necessary to give the notice for the purpose of protecting children generally, or particular children, from sexual harm from the offender.

(3)

A notice under subsection (1)(b) must indicate that an appeal may be made under section 86D against the decision to give the notice.

(4)

“Child sex offender” means a person who—

(a)

has been convicted of a child sex offence (see subsections (5) and (6)),

(b)

has been found not guilty of such an offence by reason of insanity,

(c)

has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or

(d)

in England or Wales or Northern Ireland, has been cautioned in respect of such an offence.

(5)

An offence is a child sex offence if it is within any of the following paragraphs of Schedule 3—

(a)

paragraphs 2 to 6, 9 to 16, 19 (where the offence is under section 5 or 6 of this Act), 20 to 26, 28A to 29C, or 35B to 35E (England and Wales);

(b)

paragraphs 38B, 39B, 41A, 42, 44 (where it applies by virtue of paragraph 44(a)), 45, 46, 46A, 49 to 55, 57, 59A to 59C, 59O to 59ZK or 59ZM (Scotland);

(c)

paragraphs 64, 65, 69 to 72, 75 to 79, 82 to 85, 87 to 89C, 92D (where the offence is under Article 12 or 13 of the Sexual Offences (Northern Ireland) Order 2008), 92E to 92OA, or 92X to 92Z (Northern Ireland);

(d)

paragraph 93 or 93A (service offences), where the corresponding offence is within paragraph (a).

(6)

An offence is a child sex offence if—

(a)

it is within paragraph 35A, 44A or 92A of Schedule 3 and the extreme pornographic image to which the offence related was an image of a person under 18,

(b)

it is within paragraph 93 or 93A of Schedule 3 (service offences) and the corresponding offence is within paragraph (a), or

(c)

it is within any paragraph of Schedule 3 not within subsection (5) or paragraph (a) or (b) of this subsection, and the victim or (as the case may be) other party was a person under 18.

(7)

References in this section to an offence being within a paragraph of Schedule 3 are to be read with paragraphs 94 to 98 of that Schedule.

(8)

For the purposes of sections 86B to 86D—

• “section 86A notice” means a notice given to a relevant offender under subsection (1)(b);

• “section 86B relevant offender” means a relevant offender who is subject to the requirements in that section.

Notification requirements: entering premises at which children are present

86B

(1)

A section 86B relevant offender must notify the required information to the police no less than 12 hours before entering qualifying premises at which children are present.

(2)

“The required information” means—

(a)

the address of the premises,

(b)

the date on which the offender is to enter the premises, and

(c)

such other information as the appropriate authority may specify in regulations.

(3)

“Qualifying premises” means premises of a kind specified in regulations made by the appropriate authority.

(4)

The appropriate authority may by regulations provide for circumstances in which an offender who has given a notification under subsection (1) is not required to give a further notification in relation to the same premises or children.

(5)

Subsection (6) applies where—

(a)

a notification is given under subsection (1), and

(b)

the offender has not entered the premises by the end of the date specified in the notification.

(6)

Where this subsection applies—

(a)

subsection (1) applies as if the notification had not been given, and

(b)

the relevant offender must, within the period of 6 days beginning with the date specified in the notification, notify to the police that the offender did not enter the premises on that date.

(7)

Section 83(6) applies to the period of 6 days mentioned in subsection (6)(b) as it applies to the determination of the period mentioned in section 83(1).

(8)

In this section the “appropriate authority” means—

(a)

in relation to an offender whose relevant police area is a police area in England and Wales, the Secretary of State;

(b)

in relation to an offender whose relevant police area is Scotland, the Scottish Ministers;

(c)

in relation to an offender whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland.

Periodic reviews of section 86A notices

86C

(1)

This section applies to a section 86B relevant offender who has been given a section 86A notice which has not been cancelled.

(2)

In this section the “review date” means—

(a)

the end of the period of 12 months beginning with the day on which the notice was given to the offender, and

(b)

the end of each successive period of 12 months.

(3)

The offender may, within the period of one month ending with each review date, make representations to the appropriate chief officer about the notice.

(4)

The appropriate chief officer must, before the start of the period mentioned in subsection (3), notify the offender of their right to make representations under that subsection.

(5)

As soon as reasonably practicable after each review date, the appropriate chief officer must—

(a)

consider any representations made under subsection (3) about the notice,

(b)

decide whether to cancel the notice, and

(c)

give notice of the decision (a “decision notice”) to the offender.

(6)

The appropriate chief officer may cancel the section 86A notice only if not satisfied as mentioned in section 86A(2)(b).

(7)

If the appropriate chief officer decides that the section 86A notice should not be cancelled, the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made against the decision under section 86D.

(8)

In this section the “appropriate chief officer”, in relation to an offender at any time, means the chief officer of police for the offender’s relevant police area at that time.

Appeals in relation to section 86A notices

86D

(1)

A section 86B relevant offender may appeal to the appropriate court against a decision—

(a)

to give the offender a section 86A notice;

(b)

not to cancel a section 86A notice which has been given to the offender (see section 86C).

(2)

An appeal under this section may be made by complaint (or, in Scotland, by application) to the appropriate court within the period of 21 days beginning with—

(a)

in the case of an appeal under subsection (1)(a), the day on which the section 86A notice is given to the offender;

(b)

in the case of an appeal under subsection (1)(b), the day on which notice of the decision is given to the offender.

(3)

On an appeal under subsection (1)(a) the appropriate court may confirm or cancel the notice which is the subject of the appeal.

(4)

On an appeal under subsection (1)(b) the appropriate court may—

(a)

confirm the decision, or

(b)

remit the decision for reconsideration by the person who made it with such directions (if any) as the court considers appropriate.

(5)

In this section the “appropriate court” means—

(a)

in relation to an appeal against a decision of a chief officer of police for a police area in England or Wales, any magistrates’ court in a local justice area which includes any part of the officer’s police area;

(b)

in relation to an appeal against a decision of the chief constable of the Police Service of Scotland, a sheriff court;

(c)

in relation to an appeal against a decision of the Chief Constable of the Police Service of Northern Ireland, a court of summary jurisdiction.”