Sexual Offences Act 2003, section 91A

Review of indefinite notification requirements: qualifying relevant offender

Part 2 Notification and orders

(1) A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”).

(2)A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—

(a)subject to the indefinite notification requirements; and

(b)not subject to [F227 a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F,F227] a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3) [F228 , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)F228] .

(3) The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—

(a)section 80(1);

(b)section 81(1); or

[F229 (c)a notice given under section 96ZA.F229]

(4) In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).

(5)Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1).

(6) If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area.

(7) In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.

Definitions used in section 91A 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
sexual harm prevention order

“sexual harm prevention order” has the meaning given by section 103A(1);

Defined in s.133(1) · see it in the full Act
interim sexual harm prevention order

“interim sexual harm prevention order” has the meaning given by section 103F(2);

Defined in s.133(1) · see it in the full Act
sexual offences prevention order

(1) In this Part, “sexual offences prevention order” means an order under section 104 or 105.

Defined in s.106(1) · see it in the full Act

“sexual offences prevention order” has the meaning given by section 106(1);

Defined in s.133(1) · see it in the full Act
interim sexual offences prevention order

“interim sexual offences prevention order” has the meaning given by section 109(2);

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

Cases considering section 91A 6

Halabi, R (On the Application Of) v The Crown Court At Southwark

[2020] EWHC 1053 (Admin) · 1 May 2020

Confirms that the statutory review mechanism for indefinite notification requirements was introduced to address the incompatibility identified in Thompson and is relevant to the proportionality of the scheme (see para [37]).

NE, R (on the application of) v Birmingham Magistrates Court & Anor

[2015] EWHC 688 (Admin) · 20 March 2015Defines

Section 91A defines the qualifying relevant offender and establishes when an offender subject to indefinite notification may first apply for review. The court used it to describe the statutory eligibility scheme (see para [10]).

Hamill v The Chelmsford Magistrates' Court & Anor (Rev 1)

[2014] EWHC 2799 (Admin) · 8 August 2014Defines

Defines the qualifying relevant offender and the relevant chief officer of police for applications to review indefinite notification requirements (see paras [22]-[23]).

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

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F226Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3
  2. F227Words in s. 91A(2)(b) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 58 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
  3. F228Words in s. 91A(2)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 207 (with Sch. 27); S.I. 2020/1236, reg. 2
  4. F229S. 91A(3)(c) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(4), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)