Sexual Offences Act 2003, section 91

Offences relating to notification

Part 2 Notification and orders

(1)A person commits an offence if he—

(a)fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1) [F222, 85A(2) or (6)F222] , 87(4) [F223or 89(2)(b)F223][F223 , 89(2)(b) or 96ZB(3)(b)F223] or any requirement imposed by regulations made under section 86(1); or

(b)notifies to the police, in purported compliance with section 83(1), 84(1) [F224or 85(1)F224][F224 , 85(1) or 85A(2) or (6)F224] or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3)A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) [F225or 85(1)F225][F225 , 85(1) or 85A(2) or (6)F225] or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

(4)Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

Definitions used in section 91 2

proceedings

(c) “proceedings” includes proceedings before a service court, and

Defined in s.137(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

Cases considering section 91 11

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

[2009] EWCA Civ 792 · 23 July 2009Interprets

Section 91 criminalises failure to comply with specified notification obligations. The possibility of prosecution was relevant to the court’s conclusion that the regime might inhibit, but did not prohibit, travel. (see paras [16], [62], Appendix) Section 91(1) identifies failures to comply with notification requirements as criminal offences, subject to reasonable excuse where applicable. The court used this framework in assessing travel inhibition. (see paras [16], [62]) Section 91(1)(a) provides the offence relevant to failure to give required travel notification, while recognising a reasonable-excuse defence. The court held that this could inhibit departure without making it unlawful to leave. (see para [62]) Section 91(2) specifies the potential imprisonment and other penalties for breach. The penalty was noted as part of the practical significance of non-compliance. (see para [16], Appendix, Example 1)

Commissioner of Police for the Metropolis v Central Criminal Court & Anor

[2013] EWHC 179 (Admin) · 15 January 2013

Confirms that applications to remove notification requirements must be dealt with through the statutory section 91 procedure rather than by an unauthorised criminal court order. (see paras [10], [13])

Regina v. Longworth (Appellant) (On Appeal from the Court of Appeal (Criminal Division))

[2006] UKHL 1 · 26 January 2006Limits

The provision was identified as the later statutory sanction for breach of notification requirements. Section 14(1) would prevent prosecution based on a conviction followed by absolute discharge. (see para [26])

What each judgment says about section 91 is in the case-law panel in the full Act.

Explanatory note

181.Subsection (3) provides that the offence of failing to give a notification continues throughout the period during which the required notification is not given. An offender cannot be prosecuted more than once for the same failure. However, if an offender fails to comply with a requirement, is convicted for this offence and then fails to comply again in respect of the same requirement, he commits a new offence and may be prosecuted again.

182.An offence will not be committed where the person has a “reasonable excuse” for failure to comply with a notification requirement. This might be, for example, where an offender does not provide the information in the required time scale because he is in hospital following an accident. In respect of an offence relating to subsection (2)(b) of section 89 a reasonable excuse might be that the parent took all reasonable steps to persuade the young offender to accompany him to the police station.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F222Words in s. 91(1)(a) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(a), 15(2)(b); S.R. 2014/179, art. 2(a)
  2. F223Words in s. 91(1)(a) substituted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(3), 208(1); S.I. 2022/1227, reg. 3(b)
  3. F224Words in s. 91(1)(b) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(b), 15(2)(b); S.R. 2014/179, art. 2(a)
  4. F225Words in s. 91(3) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(c), 15(2)(b); S.R. 2014/179, art. 2(a)

Extent

  1. E4This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only