Section 123 Review of indefinite notification requirements: England and WalesI1

The Sexual Offences Act 2003 is amended as follows.

In section 91A (review of indefinite notification requirements: qualifying relevant offender) after subsection (1) insert—

“(1A)

The relevant chief officer of police may, without an application for review having been made, consider whether a qualifying relevant offender should remain subject to the indefinite notification requirements (referred to in sections 91A to 91F as an “own motion review”).”

After section 91E insert—

“Review of indefinite notification requirements: own motion review

91EA

(1)

The relevant chief officer of police may begin an own motion review on, or at any time after, the qualifying date.

(2)

The “qualifying date” has the same meaning in this section as in section 91B.

(3)

The relevant chief officer of police begins an own motion review by notifying the qualifying relevant offender that the relevant chief officer of police is considering whether the qualifying relevant offender should remain subject to the indefinite notification requirements.

(4)

The notification must inform the qualifying relevant offender of their right to make representations under subsection (5).

(5)

The qualifying relevant offender may make representations to the relevant chief officer of police within 35 days of receipt of the notification.

(6)

The relevant chief officer of police may within 7 days of beginning an own motion review notify a responsible body that they are beginning an own motion review.

(7)

If the responsible body holds information which it considers to be relevant to the review, it must give the information to the relevant chief officer of police within 28 days of receipt of the notification.

Review of indefinite notification requirements: determination of own motion review

91EB

(1)

On an own motion review the relevant chief officer of police must, within 6 weeks of the date mentioned in subsection (2)—

(a)

determine whether the qualifying relevant offender should remain subject to the indefinite notification requirements, and

(b)

give notice of the determination to the qualifying relevant offender.

(2)

The date is the latest date on which the qualifying relevant offender may make representations under section 91EA(5).

(3)

The relevant chief officer of police may determine that the qualifying relevant offender should not remain subject to the indefinite notification requirements 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 the qualifying relevant offender to remain subject to the indefinite notification requirements.

(4)

If the relevant chief officer of police determines that the qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.

(5)

If the relevant chief officer of police determines that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of determination must—

(a)

contain a statement of reasons for the determination, and

(b)

inform the qualifying relevant offender that they may appeal the determination in accordance with section 91ED.

(6)

The Secretary of State may by regulations amend the period in subsection (1).

Review of indefinite notification requirements: factors applying to determination under section 91EB

91EC

In determining an own motion review under section 91EB, the relevant chief officer of police must—

(a)

have regard to the representations (if any) made by the qualifying relevant offender,

(b)

have regard to the information (if any) received from a responsible body,

(c)

consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender, and

(d)

take into account the matters listed in section 91D(2).

Review of indefinite notification requirements: appeals against determinations under section 91EB

91ED

(1)

A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91EB(5).

(2)

An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.

(3)

A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.

(4)

If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.”

After section 91F insert—

“Discharge from indefinite notification requirements in Scotland or Northern Ireland

91G

A relevant offender who is discharged from the notification requirements of this Part under—

(a)

sections 88A to 88H (discharge from indefinite notification requirements in Scotland), or

(b)

Schedule 3A (discharge from indefinite notification requirements in Northern Ireland),

is, by virtue of the discharge, also discharged from the notification requirements of this Part as they apply in England and Wales.”