Sexual Offences Act 2003, section 92

Certificates for purposes of Part 2

Part 2 Notification and orders

(1)Subsection (2) applies where on any date a person is—

(a)convicted of an offence listed in Schedule 3;

(b)found not guilty of such an offence by reason of insanity; or

(c)found to be under a disability and to have done the act charged against him in respect of such an offence.

(2)If the court by or before which the person is so convicted or found—

(a)states in open court—

(i)that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and

(ii)that the offence in question is an offence listed in Schedule 3, and

(b)certifies those facts, whether at the time or subsequently,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

(3)Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.

(4)If the constable—

(a)informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and

(b)certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

Definitions used in section 92 2

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
cautioned

“cautioned” means—

(a)

cautioned (or, in Northern Ireland, cautioned by a police officer) after the person concerned has admitted the offence, ...

(b)

...

and “caution” is to be interpreted accordingly;

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

Cases considering section 92 4

R v Ethan Allon

[2023] EWCA Crim 204 · 14 February 2023

The court held that the certificate was wrong because the applicant was not convicted of an offence listed in Schedule 3. It reconstituted as a Divisional Court, granted judicial review and quashed the certificate. (see paras [29]-[34])

Rawlinson v R.

[2018] EWCA Crim 2825 · 18 December 2018Interprets

The court held that a certificate is evidential and is not part of the sentence. The Court of Appeal had no jurisdiction to entertain an appeal from certification; judicial review was available only for public-law error. (see paras [30]; [35]-[37]) The court held that the certificate accurately evidenced conviction for an offence listed in Schedule 3 when issued, because the sentencing condition was then satisfied. A later successful sentence appeal did not retrospectively make its issue unlawful. (see para [36])

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

[2006] UKHL 1 · 26 January 2006

Lord Mance observed without deciding that an offender prosecuted for failure to notify before a delayed sentence might be able to rely on reasonable excuse where there was good reason to expect an absolute discharge. (see para [26])

What each judgment says about section 92 is in the case-law panel in the full Act.

Explanatory note

183.Section 92 provides that when a court convicts or makes a relevant finding in respect of a person in relation to a Schedule 3 offence, or when a person is cautioned by the police, the court or police officer may issue a certificate that will be evidence of the conviction or finding or caution for a relevant offence and of the notification requirements which follow from it. Subsection (4) provides a power for the Secretary of State to prescribe by order the form certificate that will need to be issued by a police officer when a caution is given. These regulations will be subject to the negative resolution procedure (section 138(3)). Whilst the Regulations are in respect of cautions in England and Wales, a certificate made as a result of a caution will be sufficient evidence of that fact in a Scottish court.

All the explanatory notes for the Act