Sexual Offences Act 2003, section 91F

Review of indefinite notification requirements: guidance

Part 2 Notification and orders

(1)The Secretary of State must issue guidance to relevant chief officers of police in relation to the determination by them of applications made under section 91B.

(2)The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3)The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.F226]

Cases considering section 91F 3

Minter v Hampshire Constabulary & Anor

[2013] EWCA Civ 697 · 1 May 2013

Section 91F formed part of the available procedure enabling an individual to test an indefinite notification requirement. Its availability supported the conclusion that the requirement was not disproportionate. (see para [29])

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

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

The court referred to the Secretary of State’s mandatory guidance as providing further assistance on relevant bodies, risk-assessment tools, current circumstances, risk, and protective factors (see para [14]).

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

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

Requires the Secretary of State to issue guidance to chief officers on determining review applications. The judgment referred to the guidance in considering the rank of the determining officer (see paras [28]-[29]).

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

Amendments and notes

1 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