Section 122 Alternative method of notificationI1

After section 87 of the Sexual Offences Act 2003 insert—

“Alternative method of notification

87A

(1)

A person (“P”) may give a notification under section 83A, 84, 85(1), 85ZA, 85A(2) or (6) or 86B virtually if—

(a)

conditions 1 to 3 are met, and

(b)

any further conditions specified by the appropriate authority in regulations are met.

(2)

Condition 1 is that—

(a)

a senior police officer has given P a notice authorising P to give notifications of the kind mentioned in subsection (1) virtually, and

(b)

the notice has not been cancelled.

(3)

A senior police officer may give P a notice under subsection (2)(a) only if satisfied that it is not necessary, for the purpose of protecting the public or any particular members of the public from sexual harm, for P to give those notifications in accordance with section 87.

(4)

A senior police officer—

(a)

may, by giving P a further notice, cancel the notice under subsection (2)(a), and

(b)

must do so if not satisfied as mentioned in subsection (3).

(5)

“Senior police officer” means a constable of at least the rank of inspector who is authorised to give notices under this section by the chief officer of police for P’s relevant police area at the time the notice is given.

(6)

Condition 2 is that the notification does not relate to a matter specified by the appropriate authority in regulations.

(7)

Condition 3 is that the notification is given to a person who is authorised to receive virtual notifications by the chief officer of police for P’s relevant police area at the time the notification is given.

(8)

A notification is given virtually if it is given by a means which enables P and the person receiving the notification to see and hear each other without being together in the same place.

(9)

The conditions which may be specified in regulations under subsection (1)(b) include further conditions about the means of giving the notification.

(10)

A notification given in accordance with this section must be acknowledged in writing, in such form as the appropriate authority may direct.

(11)

Nothing in this section prevents P giving a notification in accordance with section 87(1).

(12)

In this section the “appropriate authority” means—

(a)

in relation to a person whose relevant police area is a police area in England or Wales, the Secretary of State;

(b)

in relation to a person whose relevant police area is Scotland, the Scottish Ministers;

(c)

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

Alternative method of notification: further requirements

87B

(1)

Where a person (“P”) gives a notification in accordance with section 87A P must, if requested to do so by the person to whom it is given—

(a)

attend at a relevant police station, and

(b)

comply with the requirements in subsections (2) and (3).

(2)

Where the police station at which P attends is in England, Wales or Northern Ireland, the requirements are that P must allow a relevant person to—

(a)

take P’s fingerprints,

(b)

photograph any part of P, or

(c)

do both of those things.

(3)

Where the police station at which P attends is in Scotland, the requirements are that P must—

(a)

do one or more of the things mentioned in section 87(5A)(a) to (d),

(b)

give each passport P has to a relevant person for inspection by that person, or

(c)

do both of those things.

(4)

In this section—

(a)

“relevant police station” means a police station at which P may give a notification in accordance with section 87(1);

(b)

“relevant person” means a person at that police station to whom P may give such a notification.”