Sexual Offences Act 2003 s.91E – Review of indefinite notification requirements: appeals

(1)A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91C.

(2)An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.

(3)A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.

(4)If the court makes an order 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 the order.

Definitions used in section 91E 3

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
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
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 91E 3

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

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

The court recognised the statutory appeal to the magistrates’ court from an adverse chief-officer decision and considered the adequacy of the magistrates’ reasons on judicial review (see paras [3], [38], [45]-[50]).

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

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

Creates the appeal to the magistrates’ court. The court interpreted the appeal as extending to both fact and law (see paras [27], [66]). Was relied on as the possible power to substitute a decision, but the court concluded that the statutory conditions for substitution were not met and remitted the matter instead (see paras [75]-[78]).

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

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

Provides an appeal to a Magistrates’ Court against the chief officer’s determination. (see para [7])

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