Sexual Offences Act 2003, section 84

Notification requirements: changes

Part 2 Notification and orders

(1)A relevant offender must, within the period of 3 days beginning with—

(a)his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

(b)any change of his home address,

(c)his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997,

[F186 (ca)any prescribed change of circumstances, orF186]

(d)his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

notify to the police that name, the new home address, the address of those premises [F187, the prescribed detailsF187] or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5).

(2)A notification under subsection (1) may be given before the name is used, the change of home address[F188 or the prescribed change of circumstancesF188] occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.

(3)If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(4)If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a)the notification does not affect the duty imposed by subsection (1), and

(b)the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(5)Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).

[F189 (5A)In this section—

(a) “prescribed change of circumstances” means any change—

(i)occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and

(ii)of a description prescribed by regulations made by the Secretary of State;

(b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed. F189]

(6) In this section, “qualifying period” means—

(a)a period of 7 days, or

(b)two or more periods, in any period of 12 months, which taken together amount to 7 days.

Definitions used in section 84 5

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
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

(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
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
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
specified

“specified”, in relation to an offender supervision requirement, means specified in the requirement.

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

Cases considering section 84 6

Grosvenor, R v

[2010] EWCA Crim 560 · 9 March 2010

The court applied the mandatory requirement to notify the police within three days of release of a new home address or premises at which the offender regularly resides or stays. Homelessness did not ordinarily mitigate a deliberate choice to remain of no fixed abode where accommodation was or could be available (see paras [9]; [15]).

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 2010Defines

The duty to report changes formed part of the continuing burden imposed by the notification regime and its interference with private life (see paras [12]; [42]-[44]). Cited only. Cited only.

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

[2009] EWCA Civ 792 · 23 July 2009Defines

Section 84 regulates notification of changes in information, including qualifying stays at premises. Its practical operation contributed to the assessment of the regime’s burden. (see paras [13], [40], Appendix, Example 3) Section 84(1) requires notification of specified changes within three days. It illustrates the continuing compliance burden imposed by the scheme. (see para [13]) Section 84(1)(c) covers qualifying residence or stays at premises not previously notified. The court used this obligation in describing the regime’s practical impact. (see para [13]) Section 84(2) was identified as part of the complex provisions governing advance notification of stays. The reference was illustrative. (see Appendix, Example 3) Section 84(3) was identified as part of the complex provisions governing changes to advance notification. The reference was illustrative. (see Appendix, Example 3) Section 84(4) was identified as part of the complex provisions governing further notification. The reference was illustrative. (see Appendix, Example 3) Section 84(4)(b) is among the requirements whose breach is criminalised by section 91. It forms part of the statutory compliance framework. (see para [16]) Section 84(6) defines the qualifying period as seven days, or accumulated periods totalling seven days in twelve months. The court used this to illustrate the continuing reporting burden. (see para [13])

What each judgment says about section 84 is in the case-law panel in the full Act.

Explanatory note

165.Section 84 sets out the requirements on a relevant offender to notify the police of changes to notified details. Under subsection (1)(c) an offender must notify the police within 3 days, of the address of any premises he has stayed at within the UK, besides his home address, for a ‘qualifying period’. This place might be a friend or relative’s house or a hotel where he has stayed. A qualifying period is defined at subsection (6) and is a period of 7 days, or two or more periods, in any twelve months, which taken together amount to 7 days.

166.Subsection (2) allows an offender to notify the police of any change to his notified details (his name, address or having stayed away from home for 7 or more days) in advance of such change. The advance notification must give a date when the change is expected to occur.

167.Subsections (3) and (4) deal with the scenario in which the change does not take place as notified in advance. As long as the change takes place no earlier than 2 days before the date notified or no later than 3 days after the date notified, the offender need not update the police as to the actual date on which the change took place. However, where the change takes place outside this period, the person must notify the change in accordance with subsection (1), that is, within 3 days of the actual change. And, where the change takes place 3 days or more after the date specified, the person must also notify the police (within 6 days of the date specified) that the information he notified in advance is no longer correct.

168.The effect of subsection (5) is that time when an offender is in custody, detained or abroad (as provided at subsection (6) of section 83), will be disregarded for the purpose of determining the 3 day period specified in subsection (1) and the 6 day period specified in subsection (4)(b).

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F186S. 84(1)(ca) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)
  2. F187Words in s. 84(1) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)
  3. F188Words in s. 84(2) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(4), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)
  4. F189S. 84(5A) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(5), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

Extent

  1. E2This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only