Sexual Offences Act 2003, section 83

Notification requirements: initial notification

Part 2 Notification and orders

(1)A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).

(2)Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—

(a) immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b)at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c)throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(3)Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.

(4)Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—

(a) immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b)at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c)throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(5)The information is—

(a)the relevant offender’s date of birth;

(b)his national insurance number;

(c)his name on the relevant date and, where he used one or more other names on that date, each of those names;

(d)his home address on the relevant date;

(e)his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;

(f)his home address on the date on which notification is given;

(g)the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;

[F183 (h)any prescribed information.F183]

[F184 (5A) In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State. F184]

(6)When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—

(a)remanded in or committed to custody by an order of a court[F185 or kept in service custodyF185] ;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(7) In this Part, “home address” means, in relation to any person—

(a)the address of his sole or main residence in the United Kingdom, or

(b)where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.

Definitions used in section 83 10

relevant offender

(2) A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”.

Defined in s.80(2) · see it in the full Act

“relevant offender” has the meaning given by section 80(2);

Defined in s.133(1) · see it in the full Act
relevant date

(6) In this Part, “relevant date” means—

(a)in the case of a person within section 80(1)(a) or 81(1)(a), the date of the conviction;

(b)in the case of a person within section 80(1)(b) or (c) or 81(1)(b) or (c), the date of the finding;

(c)in the case of a person within section 80(1)(d) or 81(1)(d), the date of the caution;

(d)in the case of a person within section 81(7), the date which, for the purposes of Part 1 of the Sex Offenders Act 1997 (c. 51), was the relevant date in relation to that person.

Defined in s.82(6) · see it in the full Act

“relevant date” has the meaning given by section 82(6) (save in the circumstances mentioned in sections 88B, , 96ZC , 98 , 96A(6) , 100 , 107, 109 and 129);

Defined in s.133(1) · see it in the full Act
finding

and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.

Defined in s.88(4) · see it in the full Act
caution

and “caution” is to be interpreted accordingly;

Defined in s.133(1) · see it in the full Act
court

(2) In sections 92 and 103A(1) of this Act, and section 345 of the Sentencing Code, “court” includes a service court.

Defined in s.137(2) · see it in the full Act
notification order

“notification order” has the meaning given by section 97(1);

Defined in s.133(1) · see it in the full Act
home address

(7) In this Part, “home address” means, in relation to any person—

(a)the address of his sole or main residence in the United Kingdom, or

(b)where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.

Defined in s.83(7) · see it in the full Act

“home address” has the meaning given by section 83(7);

Defined in s.133(1) · see it in the full Act
kept in service custody

(3) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006 , “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be) .

Defined in s.133(3) · see it in the full Act

“kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));

Defined in s.133(1) · see it in the full Act
service detention

“service detention” has the meaning given by section 374 of the Armed Forces Act 2006 ;

Defined in s.133(1) · see it in the full Act
detained in a hospital

“detained in a hospital” means detained in a hospital under—

(a)

Part 3 of the Mental Health Act 1983, section 136 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13) , Part 6 of the Criminal Procedure (Scotland) Act 1995 or Part III of the Mental Health (Northern Ireland) Order 1986;

(b)

Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; or

(c)

section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;

Defined in s.133(1) · see it in the full Act

(1A) A reference to a provision specified in paragraph (a) of the definition of “admitted to a hospital”, “detained in a hospital” or “restriction order” includes a reference to the provision as it applies by virtue of—

(a)section 5 of the Criminal Procedure (Insanity) Act 1964,

(b)section 6 or 14 of the Criminal Appeal Act 1968,

(ba)Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968),

(c)section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or

(d)section 16 or 23 of the Courts-Martial (Appeals) Act 1968.

Defined in s.133(1A) · see it in the full Act

Cases considering section 83 7

JF & Anor,R (on the application of) v Secretary of State for the Home Department

[2009] EWCA Civ 792 · 23 July 2009

Section 83 establishes initial notification. The court used the resulting information obligations to assess the practical and privacy impact of registration. (see paras [12], [38]-[42]) Section 83(1) requires initial notification within three days of the relevant date. It forms part of the compliance regime enforced by section 91. (see paras [12], [16]) Section 83(5) specifies the personal, identity and address information to be notified. The court relied on the breadth of these obligations when assessing interference with article 8. (see paras [12], [38]-[42])

Prothero, R (on the application of) v Secretary of State for the Home Department (Rev. 1)

[2013] EWHC 2830 (Admin) · 18 September 2013

The court identified section 83 as the statutory basis for prescribed notification information, including the additional details supplied under the Regulations. (see paras [7], [13]) The court applied section 83(5) as the statutory provision under which prescribed bank-account and card information had to be notified through the Regulations. (see paras [7], [13]) The court treated section 83(5)(h) as the specific enabling provision for prescribing the additional bank-account and card information in Regulation 12. (see para [13])

R (on the application of F (by his litigation friend F)) and Thompson v Secretary of State for the Home Department

[2010] UKSC 17 · 21 April 2010

The court considered the initial in-person disclosure obligations as part of the cumulative burden and privacy interference created by the notification regime (see paras [11]; [42]-[44]). The specified personal information linked an offender's identity and address with the recorded sexual conviction, thereby interfering with private life (see paras [11]; [42]).

What each judgment says about section 83 is in the case-law panel in the full Act.

Explanatory note

159.Section 83 sets out the information the offender needs to supply to the police when he first makes a notification and the time scales within which he is required to provide that information.

160.Subsection (2) relates to a case where someone who is dealt with by a court in one of the ways specified at subsection 80(1) is, at the date of being so dealt with, already subject to the notification requirements by virtue of an earlier conviction or finding or caution in respect of a Schedule 3 offence., If, in these circumstances, at the date of being dealt with by the court, the person has complied with subsection (1) in respect of the earlier conviction or finding or caution, he does not need to notify his details again in accordance with subsection (1). This is only the case, however, where the notification period in respect of the earlier conviction, finding or caution lasts throughout the period specified at subsection (1) (as extended in accordance with subsection (6) – see below – if appropriate).

161.Subsection (4) makes similar provision in respect of persons who are already subject to the notification requirements at the time when a notification order (as defined in section 97) is made.

162.Subsection (3) provides that the obligation imposed by subsection (1) does not apply to a person who, on commencement, in relation to a pre-commencement conviction, finding, caution or order, has complied with the obligation to notify his name and address to the police under section 2(1) of the 1997 Act. Where a person subject to the requirements of the 1997 Act has not complied with section 2(1) of that Act, he must, under subsection (1), notify the police of the details in subsection (5) within 3 days of commencement of Part 2 of the Act.

163.The details in subsection (5) include the offender’s home address. The term ‘home address’ is defined in subsection (7). This provides that where an offender is homeless or has no fixed abode his ‘home address’ means an address or location where he can be regularly found. This might, for example, be a shelter, a friend’s house, a caravan or a park bench.

164.In calculating the period within which an offender must give notification under subsection (1), any time when the offender meets the conditions specified in subsection (6) - for instance, any time when he is serving a sentence of imprisonment - does not count.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F183S. 83(5)(h) inserted "at the end of subsection (5)" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)
  2. F184S. 83(5A) inserted "after [subsection (5)]" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)
  3. F185Words in s. 83(6)(a) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 54; S.I. 2009/2606, art. 3(i)

Extent

  1. E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only