Sexual Offences Act 2003, section 86

Notification requirements: travel outside the United Kingdom

Part 2 Notification and orders

(1)The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders—

(a)to give in accordance with the regulations, before they leave, a notification under subsection (2);

(b)if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

(2)A notification under this subsection must disclose—

(a)the date on which the offender will leave the United Kingdom;

(b)the country (or, if there is more than one, the first country) to which he will travel and his point of arrival (determined in accordance with the regulations) in that country;

(c)any other information prescribed by the regulations which the offender holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.

(3)A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom.

F198(4)F199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 86 2

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
country

“country” includes territory;

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

Cases considering section 86 6

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

[2009] EWCA Civ 792 · 23 July 2009Interprets

Section 86(1) authorises regulations requiring notification before leaving and after returning to the United Kingdom. The court assessed the resulting travel constraints under article 4. (see paras [14], [58]-[64]) Section 86(2) provides for notification before departure and specifies core travel information. The court held that the requirement did not prohibit travel or operate as an exit visa. (see paras [14], [58]-[64]) Section 86(2)(a) requires notification of the intended departure date. The court treated the obligation as a notification requirement rather than a prohibition on departure. (see paras [14], [62]-[64]) Section 86(2)(b) requires notification of the destination country and point of arrival. The court treated this as information required for notification, not permission to leave. (see paras [14], [62]-[64]) Section 86(3) provides for notification about return to the United Kingdom. The court treated the obligation as part of the notification regime and not as a restriction requiring permission to return or leave. (see paras [14], [61]-[64])

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

[2008] EWHC 3170 (QB) · 19 December 2008

Section 86, together with the travel regulations, specifies the information and timing required before foreign travel and upon return. The court considered those requirements but held that they did not amount to an exit visa. (see paras [7], [14]-[17])

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 regulation-making power supported detailed pre-departure and return notification requirements. Those travel duties contributed materially to the regime's burden on frequent travellers (see paras [13]; [16]; [43]-[44]). The required disclosure of departure, destination, arrival and prescribed travel information contributed to the burden and privacy interference of the regime (see paras [13]; [43]-[44]). Cited only.

What each judgment says about section 86 is in the case-law panel in the full Act.

Explanatory note

174.Subsection (1) of section 86 provides a power for the Secretary of State to make regulations setting out notification requirements for relevant offenders who leave the UK or for any description of such offenders (for example those intending to leave the UK for a specified period). The regulations would oblige such persons to notify certain details concerning their travel plans to the police.

175.Subsection (4) might be used for example to make provision for young offenders to notify for a different period of foreign travel than do other offenders

176.These regulations are subject to the affirmative resolution procedure (section 138(2)). For Scotland, the regulations will be made by Scottish Ministers and laid before the Scottish Parliament.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F198S. 86(4) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(3), 206(1); S.I. 2011/178, art. 2, Sch.
  2. F199S. 86(4) repealed (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 149, 153(7), Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1 para. 50(4)(d) (subject to Sch. 2)