Sexual Offences Act 2003, section 85

Notification requirements: periodic notification

Part 2 Notification and orders

F190(1)A relevant offender must, within [F191the applicable periodF191] after each event within subsection (2), notify to the police the information set out in section 83(5), unless within that period he has given a notification under section 84(1).

(2)The events are—

(a)the commencement of this Part (but only in the case of a person who is a relevant offender from that commencement);

(b)any notification given by the relevant offender under section 83(1) or 84(1); and

(c)any notification given by him under subsection (1).

F192(3)Where [F193the applicable periodF193] would (apart from this subsection) end whilst subsection (4) applies to the relevant offender, that period is to be treated as continuing until the end of the period of 3 days beginning when subsection (4) first ceases to apply to him.

(4)This subsection applies to the relevant offender if he is—

(a)remanded in or committed to custody by an order of a court[F194 or kept in service custodyF194] ,

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

(c)detained in a hospital, or

(d)outside the United Kingdom.

[F195 (5) In this section, the “applicable period” means—

(a)in any case where subsection (6) applies to the relevant offender, such period not exceeding one year as the Scottish Ministers may prescribe in regulations, and

(b)in any other case, the period of one year.

(6)This subsection applies to the relevant offender if the last home address notified by the offender under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).F195]

[F196 (5) In this section, “the applicable period” means—

(a)in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and

(b)in any other case, the period of one year.

(6)This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).F196]

Definitions used in section 85 6

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
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
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
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

Cases considering section 85 4

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

Periodic notification formed part of the cumulative burden and privacy interference assessed by the court (see paras [13]; [42]-[44]).

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

[2009] EWCA Civ 792 · 23 July 2009

Section 85 imposes periodic notification of the information specified in section 83. The court included periodic reporting in its assessment of the regime’s practical impact. (see paras [14], [40]-[42]) Section 85(1) is among the provisions requiring periodic notification and whose breach is criminalised by section 91. It was used in the practical example of continuing obligations. (see paras [16], Appendix, Example 3) Section 85(2)(b) was cited in the appendix as requiring a further periodic notification after the relevant stay notification. The point was illustrative. (see Appendix, Example 3)

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 sections 80 to 88 as the statutory framework for notification requirements imposed on persons convicted of relevant sexual offences. (see para [7])

What each judgment says about section 85 is in the case-law panel in the full Act.

Explanatory note

169.Section 85 provides (at subsection (1)) that an offender must re-notify the police of the details set out in subsection (5) of section 83 within one year after each of the specified events, unless during this period he re-notifies, because of a change of circumstances, under section 84.

170.The specified events are:

  • the commencement of this Part of the Act;

  • any notification the offender has given under subsection (1) of section 83 or 85; and

  • any earlier notification the offender has given under subsection (1).

171.Commencement will only be a trigger for this periodic notification requirement where a person is exempt from complying with subsection (1) of section 83 by reason ofsubsection (2), (3) or (4) of section 83 (i.e., where the person has complied with an earlier initial notification requirement).

172.This means that where a person becomes subject to the notification requirements for the first time and does not change his name or address and does not stay away from home for 7 days or more, he will have to re-notify within a year of his initial notification and annually thereafter. Where a person does notify his having stayed away from home for 7 days, for example, he will have to re-notify the police of the information set out in subsection (5) of section 83 within a year of giving the notification of having stayed away from home. And, if within that year he notifies another period spent away from home, or a change of name or address, the re-notification of the details set out in section 83(5) will be put back to a year after that latter notification.

173.Subsection (3) provides that where a relevant offender is detained or abroad in the ways provided at subsection (4) at the time the periodic notification requirement falls due, the person may give that notification up to 3 days after he is released from the detention specified in subsection (4) or returns to the UK.

All the explanatory notes for the Act

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F190Words in s. 85(1) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)
  2. F191Words in s. 85(1) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(7), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3)
  3. F192Words in s. 85(3) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)
  4. F193Words in s. 85(3) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(8), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3)
  5. F194Words in s. 85(4)(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. 55; S.I. 2009/2606, art. 3(i)
  6. F195S. 85(5)(6) inserted (S.) (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(c), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)
  7. F196S. 85(5)(6) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(9), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)