# The Sexual Offences Act 2003 (Remedial) Order 2011, Article 3: Amendment of the Sexual Offences Act 2003


After section 91 insert—
“Review of indefinite notification requirements: qualifying relevant offender
91A (1) A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”).
(2) A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—
(a) subject to the indefinite notification requirements; and
(b) not subject to a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3).
(3) The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—
(a) section 80(1);
(b) section 81(1); or
(c) a notification order made under section 97(5).
(4) In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).
(5) Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1).
(6) If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area.
(7) In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.
Review of indefinite notification requirements: application for review and qualifying dates
91B (1) An application for review must be in writing and may be made on or after the qualifying date or further qualifying date.
(2) Subject to subsection (7), the qualifying date is—
(a) where the qualifying relevant offender was 18 or over on the relevant date, the day after the end of the 15 year period beginning with the day on which the qualifying relevant offender gives the relevant notification; or
(b) where the qualifying relevant offender was under 18 on the relevant date, the day after the end of the 8 year period beginning with the day on which the qualifying relevant offender gives the relevant notification.
(3) Subject to subsections (4) to (6), the further qualifying date is the day after the end of the 8 year period beginning with the day on which the relevant chief officer of police makes a determination under section 91C(1)(a) or (6)(a) to require a qualifying relevant offender to remain subject to the indefinite notification requirements.
(4) Subsection 5 applies if the relevant chief officer of police, when making a determination under section 91C(1)(a) or 6(a) to require a qualifying relevant offender to remain subject to the indefinite notification requirements, considers that the risk of sexual harm posed by a qualifying relevant offender is sufficient to justify a continuation of those requirements after the end of the 8 year period beginning with the day on which the determination is made.
(5) If this subsection applies, the relevant chief officer of police may make a determination to require a qualifying relevant offender to remain subject to the indefinite notification requirements for a period which may be no longer than the 15 year period beginning with the day on which the determination is made.
(6) If subsection (5) applies, the further qualifying date is the day after the end of the period determined under that subsection.
(7) The qualifying date must not be earlier than the expiry of the fixed period specified in a notification continuation order made in relation to a qualifying relevant offender in accordance with sections 88A to 88I.
(8) The relevant chief officer of police within 14 days of receipt of an application for review—
(a) must give an acknowledgment of receipt of the application to the qualifying relevant offender, and
(b) may notify a responsible body that the application has been made.
(9) Where any responsible body is notified of the application for review under subsection (8)(b) and holds information which it considers to be relevant to the application, the responsible body must give such information to the relevant chief officer of police within 28 days of receipt of the notification.
(10) In this section “the relevant notification” means the first notification which the relevant offender gives under section 83, 84 or 85 when he is first released after—
(a) being remanded in or committed to custody by an order of a court in relation to the conviction for the offence giving rise to the indefinite notification requirements;
(b) serving a sentence of imprisonment or a term of service detention in relation to that conviction;
(c) being detained in hospital in relation to that conviction.
(11) For the purposes of this Part—
(a) “responsible body” means—
(i) the local probation board for any area that includes any part of the police area concerned,
(ii) in relation to any part of the police area concerned for which there is no local probation board, each provider of probation services which has been identified as a relevant provider of probation services for the purposes of section 325 of the Criminal Justice Act 2003 by arrangements under section 3 of the Offender Management Act 1997,
(iii) the Minister of the Crown exercising functions in relation to prisons (and for this purpose “prison” has the same meaning as in the Prison Act 1952), and
(iv) each body mentioned in section 325(6) of the Criminal Justice Act 2003, but as if the references in that subsection to the relevant area were references to the police area concerned;
(b) “risk of sexual harm” means a risk of physical or psychological harm to the public in the United Kingdom or any particular members of the public caused by the qualifying relevant offender committing one or more of the offences listed in Schedule 3.
Review of indefinite notification requirements: determination of application for review
91C (1) The relevant chief officer of police must, within 6 weeks of the latest date on which any body to whom a notification has been given under section 91B(8)(b) may give information under section 91B(9)—
(a) determine the application for review, and
(b) give notice of the determination to the qualifying relevant offender.
(2) If the relevant chief officer of police determines under subsection (1)(a) that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice (an “interim notice of determination”) must—
(a) contain a statement of reasons for the determination, and
(b) inform the qualifying relevant offender that he may make written representations to the relevant chief officer of police in support of the application for review which were not made under section 91B(1).
(3) A qualifying relevant offender may make representations in accordance with subsection (2)(b) within 28 days of receipt of the interim notice of determination.
(4) The relevant chief officer of police may, within 14 days of the latest date on which a qualifying relevant offender may make representations under subsection (3), send any such representations to any responsible body for the purpose of obtaining further information about the application.
(5) Where a responsible body receives representations under subsection (4) and holds information which it considers to be relevant to the representations, the responsible body must give such information to the relevant chief officer of police within 14 days of the date on which it receives such representations.
(6) The relevant chief officer of police must, within 6 weeks of the latest date on which a qualifying relevant offender may make representations under subsection (3)—
(a) make a further determination of the application for review, and
(b) give notice of the further determination (a “final notice of determination”) to the qualifying relevant offender.
(7) If the relevant chief officer of police determines under subsection (6)(a) that the qualifying relevant offender should remain subject to the indefinite notification requirements the final notice of determination must contain a statement of reasons for the determination.
(8) If the relevant chief officer of police determines under this section 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 receipt of the notice of determination.
Review of indefinite notification requirements: basis of review
91D (1) In determining an application for review under section 91C(1)(a) and (6)(a), the relevant chief officer of police must—
(a) have regard to information (if any) received from a responsible body; and
(b) take into account the matters listed in subsection (2).
(2) The matters are—
(a) the seriousness of the offence in relation to which the qualifying relevant offender became subject to the indefinite notification requirements;
(b) the period of time which has elapsed since the qualifying relevant offender committed the offence (or other offences);
(c) where the qualifying relevant offender falls within section 81(1), whether the qualifying relevant offender committed any offence under section 3 of the Sex Offenders Act 1997;
(d) whether the qualifying relevant offender has committed any offence under section 91 of the 2003 Act;
(e) the age of the qualifying relevant offender at the qualifying date or further qualifying date;
(f) the age of the qualifying relevant offender at the time the offence referred to in paragraph (a) was committed;
(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the qualifying relevant offender at the time the offence was committed;
(h) any assessment of the risk posed by the qualifying relevant offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;
(i) any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;
(j) any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the qualifying relevant offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);
(k) any caution which the qualifying relevant offender has received for an offence (including for an offence in Scotland, Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;
(l) any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the qualifying relevant offender for any other offence listed in Schedule 5 where the behaviour of the qualifying relevant offender since the date of such conviction or finding indicates a risk of sexual harm;
(m) any other submission or evidence of the risk of sexual harm posed by the qualifying relevant offender;
(n) any evidence presented by or on behalf of the qualifying relevant offender which demonstrates that the qualifying relevant offender does not pose a risk of sexual harm; and
(o) any other matter which the relevant chief officer of police considers to be appropriate.
(3) In this section, a reference to a conviction, finding or caution for an offence committed in a country outside the United Kingdom means a conviction, finding or caution for an act which—
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted an offence listed in Schedule 3 or Schedule 5 if it had been done in any part of the United Kingdom.
Review of indefinite notification requirements: power to amend periods
91E The Secretary of State may by order amend the periods prescribed in section 91C(1), (3) and (6).”

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Source: https://www.legislation.gov.uk/ukdsi/2011/9780111512357/article/3 (the official version)
Page: https://openlegislation.uk/draft-sexual-offences-act-2003-remedial-order-2011/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.