Sexual Offences Act 2003, section 91C

Review of indefinite notification requirements: determination of application for review

Part 2 Notification and orders

(1)The relevant chief officer of police must, within 6 weeks of the latest date on which any body to which a notification has been given under section 91B(8)(b) may give information under section 91B(9)—

(a)determine the application for review, and

(b)give notice of the determination to the qualifying relevant offender.

(2)For the purposes of the determination of an application for review under this section, a qualifying relevant offender must satisfy the relevant chief officer of police that it is not necessary for the purpose of protecting the public or any particular members of the public from sexual harm for the qualifying relevant offender to remain subject to the indefinite notification requirements.

(3)If the relevant chief officer of police determines under this section that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of the determination must—

(a)contain a statement of reasons for the determination, and

(b)inform the qualifying relevant offender that he may appeal the determination in accordance with section 91E.

(4)If the relevant chief officer of police determines under this section that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.

(5)The Secretary of State may by order amend the period in subsection (1).

Definitions used in section 91C 2

relevant chief officer of police

(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).

Defined in s.91A(4) · 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

Cases considering section 91C 4

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

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

The court held that the offender bears the burden of satisfying the chief officer that continued notification is not necessary to protect the public from sexual harm. The applicable standard, where relevant, is the balance of probabilities, and the threshold is high (see paras [12], [16], [20]-[22]).

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

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

Requires the relevant chief officer to determine an application for review within the statutory period and notify the offender (see paras [25], [41]). Sets the central review test: the offender must satisfy the relevant chief officer that continued notification is unnecessary to protect the public or particular members of the public from sexual harm. The magistrates had to apply that same question on appeal (see paras [25], [66], [69]). Requires a refusal notice to contain a statement of reasons. The court noted that the police determination did not properly engage with the statutory test or factors (see paras [25], [38]-[40]). Provides that notification ends on receipt of notice where the application is allowed (see para [25]).

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

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

Requires the decision-maker to determine whether continued notification is necessary for public protection from sexual harm. (see para [7])

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