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Section 91 Offences relating to notificationE1

England, Wales and Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person commits an offence if he—

(a)

fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1)F1, 85A(2) or (6), 87(4) F2or 89(2)(b) , 89(2)(b) or 96ZB(3)(b) or any requirement imposed by regulations made under section 86(1); or

(b)

notifies to the police, in purported compliance with section 83(1), 84(1) F3or 85(1) , 85(1) or 85A(2) or (6) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3)

A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) F4or 85(1) , 85(1) or 85A(2) or (6) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

(4)

Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

Annotations

Textual amendments

F1

Words in s. 91(1)(a) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(a), 15(2)(b); S.R. 2014/179, art. 2(a)

F2

Words in s. 91(1)(a) substituted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(3), 208(1); S.I. 2022/1227, reg. 3(b)

F3

Words in s. 91(1)(b) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(b), 15(2)(b); S.R. 2014/179, art. 2(a)

F4

Words in s. 91(3) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(c), 15(2)(b); S.R. 2014/179, art. 2(a)

Extent

E1

This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Notes on Part 2

Modifications

C1

Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C2

Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

C3

Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

C4

Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)