Section 194 Notification requirements for child cruelty offenders: enforcementI1

England and Wales

(1)

Regulations under section 193 may provide for a person to commit an offence if, without reasonable excuse, they—

(a)

fail to comply with a specified notification requirement, or

(b)

in purported compliance with a specified notification requirement, notify information that they know to be false.

(2)

The maximum penalty specified for an offence must not exceed (but may be less than)—

(a)

on summary conviction, imprisonment for a term of the general limit in a magistrates’ court or a fine (or both);

(b)

on conviction on indictment, imprisonment for a term of 5 years or a fine (or both).

(3)

Regulations under section 193 may confer on a constable power to enter and search relevant premises.

(4)

The regulations must provide for the power to be exercisable only—

(a)

under the authority of a warrant issued by a justice of the peace (which may authorise the use of reasonable force),

(b)

where it is necessary for a constable to enter and search the premises for the purpose of assessing the risks posed by a child cruelty offender who is subject to notification requirements, and

(c)

where a constable has sought, and been unable to obtain, entry to the premises for that purpose on at least two occasions.

(5)

Premises are “relevant premises” if there are reasonable grounds to believe (because of a notification given under the regulations or otherwise) that the child cruelty offender resides, or may regularly be found, at the premises.

(6)

In this section—

“notification requirements” means requirements imposed by regulations under section 193;
“specified” means specified in the regulations.

Annotations

Commencement

I1: S. 194 in force at Royal Assent, see s. 255(2)(g)