Sexual Offences Act 2003, section 87

Method of notification and related matters

Part 2 Notification and orders

(1)A person gives a notification under section 83(1), 84(1) or 85(1) by—

[F200 (a)attending at the police station in the person’s local police area that is for the time being specified in a document published for that local police area under this section or, if there is more than one such police station, at any one of them, andF200]

(b)giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2)A person giving a notification under section 84(1)—

(a)in relation to a prospective change of home address, or

(b)in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

[F201 (2A)The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification under section 83(1), 84(1) or 85(1).

(2B)A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.F201]

(3)Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

(4)Where a notification is given under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—

(a)take his fingerprints,

(b)photograph any part of him, or

(c)do both these things.

(5)The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.

F202(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 87 5

local police area

“local police area” has the meaning given by section 88(3);

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

(3) “Local police area” means, in relation to a person—

(a)the police area in which his home address is situated;

(b)in the absence of a home address, the police area in which the home address last notified is situated;

(c)in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (4) is situated.

Defined in s.88(3) · 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
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
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
Photograph

(2) “Photograph” includes any process by means of which an image may be produced.

Defined in s.88(2) · see it in the full Act

Cases considering section 87 3

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

Requiring notification in person at a police station imposed an appreciable burden and increased the possibility that an offender's status would become known (see paras [14]; [43]; [65]). Cited only.

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

[2009] EWCA Civ 792 · 23 July 2009

Section 87 prescribes how notifications are given at a police station. The court included the attendance requirement when assessing the practical burden of registration. (see paras [15], [40]-[42]) Section 87(1) requires attendance at a prescribed police station and an oral notification. The court treated these formalities as part of the practical interference. (see para [15]) Section 87(1)(b) permits oral notification to an authorised person. It was included in the description of how compliance must occur. (see paras [15], [17]) Section 87(4) permits fingerprints and photographs to be taken when requested. The provision formed part of the statutory description of the interference. (see para [15])

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 87 is in the case-law panel in the full Act.

Explanatory note

177.Section 87 describes how and where an offender is required to notify information to the police under the sections relating to initial notification, change of details and periodic notification. It provides a power for the Secretary of State to make regulations specifying the police stations at which an offender may notify the police of the relevant information. For Scotland the regulations will be made by Scottish Ministers and laid before the Scottish Parliament. The regulations will prescribe one or more police stations for each police area and where more than one has been prescribed for a particular offender’s area, that offender may notify at any one of them. The term ‘local police area’ is defined in subsection (3) of section 88. Where the notification relates to having stayed away from a home address for 7 days or more or to a prospective change of address, the offender may use a police station within the police area of that other address (subsection (2)). When making a notification, other than a notification of foreign travel, the police may take the person’s fingerprints and/or a photograph (subsection (4)). The term “photograph” is explained at subsection (2) of section 88 and, because subsection (4)(b) of section 87 refers to a photograph of any part of the person, it will include an iris scan.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F200S. 87(1)(a) substituted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 168(2), 208(1); S.I. 2022/1227, reg. 3(a)
  2. F201S. 87(2A)(2B) inserted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 168(3), 208(1); S.I. 2022/1227, reg. 3(a)
  3. F202S. 87(6) 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)

Extent

  1. E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only