(1) A person (A) commits an offence if—
(a) A intentionally creates a purported intimate image of another person (B),
(b) B does not consent to the creation of the purported intimate image, and
(c) A does not reasonably believe that B consents.
(2) “Purported intimate image” of a person means an image which—
(a) appears to be, or to include, a photograph or film of the person (but is not, or is not only, a photograph or film of the person),
(b) appears to be of an adult, and
(c) appears to show the person in an intimate state.
(3) Subsections (5) to (9) of section 66D (person in an intimate state) apply for the purposes of this section as if references in those subsections to a photograph or film were references to an image.
(4) References in this section to creating a purported intimate image of a person do not include doing so by modifying a photograph or film of the person where what is created by the modification is an image which—
(a) appears to show the person, but
(b) does not appear to show—
(i) something within section 66D(5)(a) to (e) (read with subsections (6) and (7) of that section) which is not shown in the photograph or film, or
(ii) a person who is not shown in the photograph or film.
(5) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for creating the purported intimate image.
(6) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
(7) The Secretary of State must—
(a) review the operation of subsection (5),
(b) publish the outcome of the review in a report before the end of the period of two years beginning with the day on which this section comes into force, and
(c) lay the report before Parliament.
66F Requesting the creation of purported intimate image of adult
(1) A person (A) commits an offence if—
(a) A intentionally requests the creation of a purported intimate image of another person (B) (either in general or specific terms),
(b) B does not consent to A requesting the creation of the purported intimate image, and
(c) A does not reasonably believe that B consents.
(2) A person (A) commits an offence if—
(a) A intentionally requests that, if a purported intimate image of another person (B) is created, it includes or excludes something in particular (whether relating to B’s appearance, the intimate state in which B is shown or anything else),
(b) B does not consent to A requesting the inclusion or exclusion of that thing, and
(c) A does not reasonably believe that B consents.
(3) References in this section to making a request (however expressed) include doing an act which could reasonably be taken to be a request (such as, for example, indicating agreement in response to an offer or complying with conditions of an offer).
(4) References in this section to making a request (however expressed) are references to—
(a) making a request directed to a particular person or persons, or
(b) making a request so that it is available to one or more persons (or people generally), without directing it to a particular person or persons.
(5) References in this section to consent to a person requesting something are—
(a) in a case described in subsection (4)(a), references to consent to a request being made that is directed to the particular person or persons, and
(b) in a case described in subsection (4)(b), references to consent to a request being made so that it is available to the person or persons (or people generally), as appropriate.
(6) An offence under this section is committed—
(a) regardless of whether the purported intimate image is created,
(b) regardless of whether the purported intimate image, or the particular thing to be included in or excluded from such an image, is also requested by another person, and
(c) regardless of where in the world the person or persons mentioned in subsection (4)(a)and (b) is or are located.
(7) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for making the request.
(8) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
(9) In this section, references to a purported intimate image, to creating such an image and to a person shown in an intimate state have the same meaning as in section 66E.
(10) The Secretary of State must—
(a) review the operation of subsection (7),
(b) publish the outcome of the review in a report before the end of the period of two years beginning with the day on which this section comes into force, and
(c) lay the report before Parliament.
66G Creating, or requesting the creation of, purported intimate image of adult: further definitions etc
(1) This section applies for the purposes of sections 66E and 66F.
(2) “Consent” to an act includes general consent covering the particular act as well as specific consent to that particular act (and see also section 66F(5)).
(3) Whether a belief is “reasonable” is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(4) “Photograph” includes the negative as well as the positive version.
(5) “Film” means a moving image.
(6) A reference to an “image”, “photograph” or “film” includes data stored by any means which is capable of conversion into an image, photograph or film.
(7) An image of a person appears to be an image of an adult if—
(a) the impression conveyed by the image is that the person shown is aged 18 or over, or
(b) the predominant impression conveyed by the image is that the person shown is aged 18 or over (even if some of the physical characteristics shown are those of a person under 18).
(8) The “maximum term for summary offences” means—
(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
(b) if the offence is committed after that time, 51 weeks.
66H Creating, or requesting the creation of, purported intimate image of adult: time limit for prosecution
(1) Notwithstanding section 127(1) of the Magistrates’ Courts Act 1980, a magistrates’ court may try an information or written charge relating to an offence under section 66E or 66F if the information is laid or the charge is issued—
(a) before the end of the period of 3 years beginning with the day on which the offence was committed, and
(b) before the end of the period of 6 months beginning with the day on which evidence which the prosecutor thinks is sufficient to justify a prosecution comes to the prosecutor’s knowledge.
(2) A certificate signed by or on behalf of a prosecutor stating the date on which evidence described in subsection (1)(b) came to the prosecutor’s knowledge is conclusive evidence of that fact.
66I Making or supplying purported intimate image generators
(1) A person commits an offence if the person—
(a) makes or adapts a thing, or
(b) supplies or offers to supply a thing,
for use as a generator of purported intimate images.
(2) A “generator of purported intimate images” is a thing for creating, or facilitating the creation of, purported intimate images of a person.
(3) A person makes, adapts, supplies, or offers to supply a thing for use as a generator of purported intimate images if a reasonable person (having regard to all the circumstances) would consider that they do so.
(4) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to prevent the thing being used for creating, or facilitating the creation of, purported intimate images of a person without the person’s consent.
(5) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine (or both).
(6) Section 72(1) applies in relation to an act which, if done in England and Wales, would constitute an offence under this section as if references to a United Kingdom national included—
(a) a body incorporated under the law of any part of the United Kingdom, or
(b) an unincorporated association formed under the law of any part of the United Kingdom.
(7) In this section—
“purported intimate image” of a person, and references to creating a purported intimate image of a person, have the same meaning as in section 66E;
“thing” includes a program, information in electronic form and a service.
(1) It is a defence for a person charged with an offence under section 66I to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world.
(2) It is a defence for a person charged with an offence under section 66I to prove that the person—
(a) was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”), and
(b) did the act which constituted the offence for the purposes of the exercise of any function of the security body.
(3) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994.
(4) It is a defence for a person charged with an offence under section 66I to prove that the person—
(a) was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and
(b) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.
(5) In subsection (4)—
(a) “OFCOM” means the Office of Communications;
(b) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023.
66K Section 66I: application to internet service providers
(1) An internet service provider does not commit an offence under section 66I by—
(a) providing access to a communication network, or
(b) transmitting, in a communication network, information provided by a user, if the provider does not—
(i) initiate the transmission,
(ii) select the recipient of the transmission, or
(iii) select or modify the information contained in the transmission.
(2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—
(a) is automatic, intermediate and transient,
(b) is solely for the purpose of carrying out the transmission in the network, and
(c) is for no longer than is reasonably necessary for the transmission.
(3) An internet service provider does not commit an offence under section 66I by storing information provided by a user for transmission in a communication network if—
(a) the storage of the information—
(i) is automatic, intermediate and temporary, and
(ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and
(b) the internet service provider—
(i) does not modify the information,
(ii) complies with any conditions attached to having access to the information, and
(iii) on knowing of a matter within subsection (4), promptly removes the information or disables access to it.
(4) The matters within this subsection are that—
(a) the information at the initial source of the transmission has been removed from the network,
(b) access to it has been disabled, or
(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
(5) An internet service provider does not commit an offence under section 66I by storing information provided by a user who is not acting under the authority or control of the provider if—
(a) when the information was provided the provider did not know that it was, or contained, a generator of purported intimate images, and
(b) on knowing that the information was, or contained, a generator of purported intimate images, the provider promptly removed the information or disabled access to it.
(6) In this section—
“generator of purported intimate images” has the same meaning as in section 66I;
“internet service provider” means a provider of—
a service that is made available by means of the internet, or
a service that provides access to the internet;
“user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.
66L Liability for offence under section 66I committed by bodies
(1) This section applies where an offence under section 66I is committed by a body.
(2) If the offence is committed with the consent or connivance of—
(a) a relevant person in relation to the body, or
(b) a person purporting to act in the capacity of a relevant person in relation to the body,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
(3) In this section—
“body” means a body corporate, a partnership or an unincorporated association other than a partnership;
“relevant person”, in relation to a body, means—
in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;
in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;
in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);
in the case of any other partnership, a partner;
in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.
(1) A person commits an offence if—
(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.
(2) A person commits an offence if—
(a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
(b) he knows that B does not consent to his operating equipment with that intention.
(3) A person commits an offence if—
(a) he records another person (B) doing a private act,
(b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
(c) he knows that B does not consent to his recording the act with that intention.
(4) A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).
(5) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(1) A person (A) commits an offence if—
(a) A operates equipment beneath the clothing of another person (B),
(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe—
(i) B's genitals or buttocks (whether exposed or covered with underwear), or
(ii) the underwear covering B's genitals or buttocks,
in circumstances where the genitals, buttocks or underwear would not otherwise be visible, and
(c) A does so—
(i) without B's consent, and
(ii) without reasonably believing that B consents.
(2) A person (A) commits an offence if—
(a) A records an image beneath the clothing of another person (B),
(b) the image is of—
(i) B's genitals or buttocks (whether exposed or covered with underwear), or
(ii) the underwear covering B's genitals or buttocks,
in circumstances where the genitals, buttocks or underwear would not otherwise be visible,
(c) A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and
(d) A does so—
(i) without B's consent, and
(ii) without reasonably believing that B consents.
(2A) A person (A) commits an offence if—
(a) A operates equipment,
(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and
(c) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents.
(2B) A person (A) commits an offence if—
(a) A records an image of another (B) while B is breast-feeding a child,
(b) A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and
(c) A does so—
(i) without B’s consent, and
(ii) without reasonably believing that B consents.
(3) The purposes referred to in subsections (1) to (2B) are—
(a) obtaining sexual gratification (whether for A or C);
(b) humiliating, alarming or distressing B.
(3A) In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—
(a) in the course of preparing to breast-feed the child, or
(b) having just finished breast-feeding the child.
(3B) It is irrelevant for the purposes of subsections (2A) and (2B)—
(a) whether or not B is in a public place while B is breast-feeding the child,
(b) whether or not B’s breasts are exposed while B is breast-feeding the child, and
(c) what part of B’s body—
(i) is, or is intended by A to be, visible in the recorded image, or
(ii) is intended by A to be observed.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(5) In relation to an offence committed before 2 May 2022, the reference in subsection (4)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
(1) For the purposes of section 67, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and—
(a) the person’s genitals, buttocks or breasts are exposed or covered only with underwear,
(b) the person is using a lavatory, or
(c) the person is doing a sexual act that is not of a kind ordinarily done in public.
(1A) For the purposes of sections 67 and 67A, operating equipment includes enabling or securing its activation by another person without that person's knowledge.
(2) In section 67, “structure” includes a tent, vehicle or vessel or other temporary or movable structure.
(1) A person commits an offence if—
(a) the person intentionally touches an animal (whether living or dead),
(b) the person knows that, or is reckless as to whether, that is what is touched, and
(c) the touching is sexual.
(2) For the purposes of this section, touching is sexual if a reasonable person would consider that—
(a) because of its nature it may be sexual, and
(b) because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(1) A person commits an offence if—
(a) the person intentionally performs an act of touching (with a part of their body or anything else),
(b) what is touched is a part of the body of a dead person,
(c) the person knows that, or is reckless as to whether, that is what is touched, and
(d) the touching is sexual.
(2) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding—
(i) if the touching involved penetration of a part of the body mentioned in subsection (1)(b), 7 years;
(ii) otherwise, 5 years.
(1) A person commits an offence if—
(a) he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,
(b) he intentionally engages in an activity, and,
(c) the activity is sexual.
(2) For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.
(3) A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
(1) If—
(a) a United Kingdom national does an act in a country outside the United Kingdom, and
(b) the act, if done in England and Wales ..., would constitute a sexual offence to which this subsection applies,
the United Kingdom national is guilty in England and Wales of that sexual offence.
(2) If—
(a) a United Kingdom resident does an act in a country outside the United Kingdom,
(b) the act constitutes an offence under the law in force in that country, and
(c) the act, if done in England and Wales ..., would constitute a sexual offence to which this subsection applies,
the United Kingdom resident is guilty in England and Wales of that sexual offence.
(3) If—
(a) a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,
(b) the act constituted an offence under the law in force in that country,
(c) the act, if done in England and Wales ..., would have constituted a sexual offence to which this subsection applies, and
(d) the person meets the residence or nationality condition at the relevant time,
proceedings may be brought against the person in England and Wales for that sexual offence as if the person had done the act there.
(4) The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.
(5) An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law.
(6) The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
(a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,
(b) showing the grounds for that opinion, and
(c) requiring the prosecution to prove that it is met.
(7) But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).
(8) In the Crown Court the question whether the condition is met is to be decided by the judge alone.
(9) In this section—
“country” includes territory;
“United Kingdom national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
a person who under the British Nationality Act 1981 is a British subject; or
a British protected person within the meaning of that Act;
“United Kingdom resident” means an individual who is resident in the United Kingdom.
(10) Schedule 2 lists the sexual offences to which subsections (1) to (3) apply.
(1) A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of—
(a) protecting the child from sexually transmitted infection,
(b) protecting the physical safety of the child,
(c) preventing the child from becoming pregnant, or
(d) promoting the child’s emotional well-being by the giving of advice,
and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the child’s participation in it.
(2) This section applies to—
(a) an offence under any of sections 5 to 7 (offences against children under 13);
(b) an offence under section 9 (sexual activity with a child);
(c) an offence under section 13 which would be an offence under section 9 if the offender were aged 18;
(d) an offence under any of sections 16, 25, 30, 34 and 38 (sexual activity) against a person under 16.
(3) This section does not affect any other enactment or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under this Part.
(1) If in proceedings for an offence to which this section applies it is proved—
(a) that the defendant did the relevant act,
(b) that any of the circumstances specified in subsection (2) existed, and
(c) that the defendant knew that those circumstances existed,
the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented, and the defendant is to be taken not to have reasonably believed that the complainant consented unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
(2) The circumstances are that—
(a) any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;
(b) any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;
(c) the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;
(d) the complainant was asleep or otherwise unconscious at the time of the relevant act;
(e) because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;
(f) any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.
(3) In subsection (2)(a) and (b), the reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of sexual activities, a reference to the time immediately before the first sexual activity began.
(1) If in proceedings for an offence to which this section applies it is proved that the defendant did the relevant act and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—
(a) that the complainant did not consent to the relevant act, and
(b) that the defendant did not believe that the complainant consented to the relevant act.
(2) The circumstances are that—
(a) the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;
(b) the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.
In relation to an offence to which sections 75 and 76 apply, references in those sections to the relevant act and to the complainant are to be read as follows—
Offence | Relevant Act
An offence under section 1 (rape). | The defendant intentionally penetrating, with his penis, the vagina, anus or mouth of another person (“the complainant”).
An offence under section 2 (assault by penetration). | The defendant intentionally penetrating, with a part of his body or anything else, the vagina or anus of another person (“the complainant”), where the penetration is sexual.
An offence under section 3 (sexual assault). | The defendant intentionally touching another person (“the complainant”), where the touching is sexual.
An offence under section 4 (causing a person to engage in sexual activity without consent). | The defendant intentionally causing another person (“the complainant”) to engage in an activity, where the activity is sexual.
For the purposes of this Part (except sections 15A , 66B to 66D , 69 and 71 ), penetration, touching or any other activity is sexual if a reasonable person would consider that—
(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
(1) The following apply for the purposes of this Part.
(2) Penetration is a continuing act from entry to withdrawal.
(3) References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).
(4) “Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.
(5) References to an image of a person (except in sections 66E, 66F , 66G and 66I) include references to an image of an imaginary person.
(6) “Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).
(7) References to observation (however expressed) are to observation whether direct or by looking at an image.
(8) Touching includes touching—
(a) with any part of the body,
(b) with anything else,
(c) through anything,
and in particular includes touching amounting to penetration.
(9) “Vagina” includes vulva.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80 Persons becoming subject to notification requirements
(1) A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if—
(a) he is convicted of an offence listed in Schedule 3;
(b) he is found not guilty of such an offence by reason of insanity;
(c) he is found to be under a disability and to have done the act charged against him in respect of such an offence; or
(d) in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.
(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”.
81 Persons formerly subject to Part 1 of the Sex Offenders Act 1997
(1) A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—
(a) he was convicted of an offence listed in Schedule 3;
(b) he was found not guilty of such an offence by reason of insanity;
(c) he was found to be under a disability and to have done the act charged against him in respect of such an offence; or
(d) in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.
(2) Subsection (1) does not apply if the notification period ended before the commencement of this Part.
(3) Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—
(a) had not been dealt with in respect of the offence;
(b) was serving a sentence of imprisonment . . . , or was subject to a community order, in respect of the offence;
(c) was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or
(d) was detained in a hospital or was subject to a guardianship order, following the conviction.
(4) Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—
(a) had not been dealt with in respect of the finding; or
(b) was detained in a hospital, following the finding.
(5) Subsection (1)(d) does not apply to a caution given before 1st September 1997.
(6) A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision.
(7) Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect.
(8) The provisions are—
(a) section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);
(b) section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);
(c) section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);
(d) section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);
(e) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);
(f) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).
(1) The notification period for a person within section 80(1) or 81(1) is the period in the second column of the following Table opposite the description that applies to him.
TABLE
Description of relevant offender | Notification period
A person who, in respect of the offence, is or has been sentenced to imprisonment for life , to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 , to an indeterminate custodial sentence under Article 13(4)(a) of the Criminal Justice (Northern Ireland) Order 2008 or to imprisonment for a term of 30 months or more | An indefinite period beginning with the relevant date
A person who, in respect of the offence, has been made the subject of an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (order for lifelong restriction) | An indefinite period beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital subject to a restriction order | An indefinite period beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of more than 6 months but less than 30 months | 10 years beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of 6 months or less | 7 years beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital without being subject to a restriction order | 7 years beginning with that date
A person within section 80(1)(d) | 2 years beginning with that date
A person in whose case an order for conditional discharge or, in Scotland, a community payback order imposing an offender supervision requirement, is made in respect of the offence | The period of conditional discharge or, in Scotland, the specified period for the offender supervision requirement
A person of any other description | 5 years beginning with the relevant date
(2) Where a person is under 18 on the relevant date, subsection (1) has effect as if for any reference to a period of 10 years, 7 years, 5 years or 2 years there were substituted a reference to one-half of that period.
(3) Subsection (4) applies where a relevant offender within section 80(1)(a) or 81(1)(a) is or has been sentenced, in respect of two or more offences listed in Schedule 3—
(a) to consecutive terms of imprisonment; or
(b) to terms of imprisonment which are partly concurrent.
(4) Where this subsection applies, subsection (1) has effect as if the relevant offender were or had been sentenced, in respect of each of the offences, to a term of imprisonment which —
(a) in the case of consecutive terms, is equal to the aggregate of those terms;
(b) in the case of partly concurrent terms (X and Y, which overlap for a period Z), is equal to X plus Y minus Z.
(5) Where a relevant offender the subject of a finding within section 80(1)(c) or 81(1)(c) is subsequently tried for the offence, the notification period relating to the finding ends at the conclusion of the trial.
(6) In this Part, “relevant date” means—
(a) in the case of a person within section 80(1)(a) or 81(1)(a), the date of the conviction;
(b) in the case of a person within section 80(1)(b) or (c) or 81(1)(b) or (c), the date of the finding;
(c) in the case of a person within section 80(1)(d) or 81(1)(d), the date of the caution;
(d) in the case of a person within section 81(7), the date which, for the purposes of Part 1 of the Sex Offenders Act 1997 (c. 51), was the relevant date in relation to that person.
(7) Schedule 3A (which provides for the review and discharge of indefinite notification requirements) has effect.
(1) A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).
(2) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—
(a) immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),
(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and
(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
(3) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.
(4) Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—
(a) immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),
(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and
(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
(5) The information is—
(a) the relevant offender’s date of birth;
(b) his national insurance number;
(c) his name on the relevant date and, where he used one or more other names on that date, each of those names;
(d) his home address on the relevant date;
(e) his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;
(f) his home address on the date on which notification is given;
(g) the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;
(h) any prescribed information.
(5A) In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.
(6) When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—
(a) remanded in or committed to custody by an order of a court or kept in service custody;
(b) serving a sentence of imprisonment or a term of service detention;
(c) detained in a hospital; or
(d) outside the United Kingdom.
(7) In this Part, “home address” means, in relation to any person—
(a) the address of his sole or main residence in the United Kingdom, or
(b) where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.
(1) A relevant offender must, within the period of 3 days beginning with—
(a) his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),
(b) any change of his home address,
(c) his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997,
(ca) any prescribed change of circumstances, or
(d) his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,
notify to the police that name, the new home address, the address of those premises , the prescribed details or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5).
(2) A notification under subsection (1) may be given before the name is used, the change of home address or the prescribed change of circumstances occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.
(3) If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).
(4) If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—
(a) the notification does not affect the duty imposed by subsection (1), and
(b) the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.
(5) Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).
(5A) In this section—
(a) “prescribed change of circumstances” means any change—
(i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and
(ii) of a description prescribed by regulations made by the Secretary of State;
(b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.
(6) In this section, “qualifying period” means—
(a) a period of 7 days, or
(b) two or more periods, in any period of 12 months, which taken together amount to 7 days.
(1) A relevant offender must, within the applicable period after each event within subsection (2), notify to the police the information set out in section 83(5), unless within that period he has given a notification under section 84(1).
(2) The events are—
(a) the commencement of this Part (but only in the case of a person who is a relevant offender from that commencement);
(b) any notification given by the relevant offender under section 83(1) or 84(1); and
(c) any notification given by him under subsection (1).
(3) Where the applicable period would (apart from this subsection) end whilst subsection (4) applies to the relevant offender, that period is to be treated as continuing until the end of the period of 3 days beginning when subsection (4) first ceases to apply to him.
(4) This subsection applies to the relevant offender if he is—
(a) remanded in or committed to custody by an order of a court or kept in service custody,
(b) serving a sentence of imprisonment or a term of service detention,
(c) detained in a hospital, or
(d) outside the United Kingdom.
(5) In this section, the “applicable period” means—
(a) in any case where subsection (6) applies to the relevant offender, such period not exceeding one year as the Scottish Ministers may prescribe in regulations, and
(b) in any other case, the period of one year.
(6) This subsection applies to the relevant offender if the last home address notified by the offender under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).
(5) In this section, “the applicable period” means—
(a) in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and
(b) in any other case, the period of one year.
(6) This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).
85A Notification requirements: absence from notified residence
(1) This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence).
(2) If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).
(3) The information is—
(a) the date on which the relevant offender will leave that home address;
(b) such details as the relevant offender holds about—
(i) his travel arrangements during the relevant period;
(ii) his accommodation arrangements during that period;
(iii) his date of return to that home address.
(4) In this section—
“travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel,
“accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation.
(5) Where—
(a) a relevant offender has given a notification under subsection (2), and
(b) at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete,
the relevant offender must give a further notification under subsection (2).
(6) Where a relevant offender—
(a) has notified a date of return to his home address, but
(b) returns to his home address on a date other than that notified,
the relevant offender must notify the date of his actual return to the police within 3 days of his actual return.
(7) Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86.
(8) In calculating the relevant period for the purposes of this section there is to be disregarded—
(a) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 83(5)(g) notified to the police under section 83 or 85;
(b) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 84(1)(c).
(9) This section applies in relation to any relevant period which begins on or after the day after the coming into operation of section 2 of the Criminal Justice Act (Northern Ireland) 2013.
86 Notification requirements: travel outside the United Kingdom
(1) The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders—
(a) to give in accordance with the regulations, before they leave, a notification under subsection (2);
(b) if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).
(2) A notification under this subsection must disclose—
(a) the date on which the offender will leave the United Kingdom;
(b) the country (or, if there is more than one, the first country) to which he will travel and his point of arrival (determined in accordance with the regulations) in that country;
(c) any other information prescribed by the regulations which the offender holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.
(3) A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A person gives a notification under section 83(1), 84(1) or 85(1) by—
(a) attending at the police station in the person’s local police area that is for the time being specified in a document published for that local police area under this section or, if there is more than one such police station, at any one of them, and
(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
(2) A person giving a notification under section 84(1)—
(a) in relation to a prospective change of home address, or
(b) in relation to premises referred to in subsection (1)(c) of that section,
may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.
(2A) The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification under section 83(1), 84(1) or 85(1).
(2B) A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.
(3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.
(4) Where a notification is given under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—
(a) take his fingerprints,
(b) photograph any part of him, or
(c) do both these things.
(5) The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subsections (2) to (4) Subsections (2) and (2A) apply for the purposes of section 87.
(2) “Photograph” includes any process by means of which an image may be produced.
(2A) “Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.
(3) “Local police area” means, in relation to a person—
(a) the police area in which his home address is situated;
(b) in the absence of a home address, the police area in which the home address last notified is situated;
(c) in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (4) is situated.
(4) The ways are—
(a) dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;
(b) dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;
(c) making, in respect of a person, a notification order, interim notification order, sexual harm prevention order, interim sexual harm prevention order, sexual offences prevention order or interim sexual offences prevention order , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction);
(d) making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland);
and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.
(5) Subsection (3) applies as if Northern Ireland were a police area.
88A Review of indefinite notification requirements: applicable persons
(1) Sections 88B to 88H apply to—
(a) a person who, on or after 28th January 2011, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and
(b) a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of—
(i) section 80(1);
(ii) section 81(1); or
(iii) a notification order made under section 97(5).
(2) A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.
88B Review of indefinite notification requirements: date of discharge and further date of discharge
(1) For the purposes of this Part, the date of discharge is—
(a) where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date;
(b) where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date.
(2) In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was—
(a) remanded in or committed to custody by order of a court;
(b) serving a sentence of imprisonment or a term of service detention;
(c) detained in hospital; or
(d) outside the United Kingdom,
before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part.
(3) Subsection (4) applies where—
(a) the relevant sex offender is subject to the notification requirements of this Part;
(b) after the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part, the relevant sex offender was sentenced to a period of imprisonment or a term of service detention in respect of the offence (or offences) to which the notification requirements relate; and
(c) the date of discharge would, apart from subsection (4), fall on or after 28th January 2011.
(4) In determining the date of discharge under subsection (1), there is also to be disregarded any time when the relevant sex offender was serving a sentence of imprisonment or a term of service detention in respect of that offence (or those offences).
(5) Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order.
(6) In this section and section 88D “relevant date”—
(a) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6)(a) to (c);
(b) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).
88C Review of the indefinite notification requirements: procedure and grounds
(1) The relevant chief constable must no later than the date of discharge—
(a) make a notification continuation order in respect of the relevant sex offender; or
(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge.
(2) A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge.
(3) The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.
(4) In deciding whether to make a notification continuation order, the relevant chief constable must take into account—
(a) the seriousness of the offence (or offences)—
(i) of which the relevant sex offender was convicted;
(ii) of which the relevant sex offender was found not guilty by reason of insanity;
(iii) in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or
(iv) in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland,
which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period;
(b) the period of time which has elapsed since the relevant sex offender committed the offence (or offences);
(c) where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997;
(d) whether the relevant sex offender has committed any offence under section 91 of this Act;
(e) the age of the relevant sex offender at the time of the decision;
(f) the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed;
(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the relevant sex offender at the time the offence was committed;
(h) any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3;
(i) any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3;
(j) whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded;
(k) any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005;
(l) any other submission or evidence of the risk of sexual harm posed by the relevant sex offender to the public, or any particular members of the public, in the United Kingdom;
(m) any submission or evidence presented by or on behalf of the relevant sex offender which demonstrates that the relevant sex offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and
(n) any other matter which the relevant chief constable considers to be appropriate.
(5) A notification continuation order must state—
(a) the reasons why the order was made; and
(b) the reasons for the determination of the fixed period in the order.
(6) A notification continuation order must be notified to the relevant sex offender by—
(a) the relevant chief constable sending a copy of the order to the relevant sex offender by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or
(b) a constable serving a copy of the order on the relevant sex offender.
(7) In this section—
“sexual harm” means physical or psychological harm caused by the relevant sex offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; and
“responsible authorities” has the meaning given by section 10(7) of the Management of Offenders etc. (Scotland) Act 2005.
(8) In this section and sections 88D to 88G, “relevant chief constable” means the chief constable of the Police Service of Scotland.
88D Review of indefinite notification requirement: transitional cases
(1) This section applies to a case where—
(a) the conditions in subsection (2) are satisfied in relation to a relevant sex offender falling within section 88A(1)(b)(ii); and
(b) the relevant chief constable was, under this section as it had effect before the coming into force of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011, under the duty in subsection (4).
(2) The conditions referred to in subsection (1)(a) are that the person—
(a) was aged under 18 on the relevant date; and
(b) after disregarding any time referred to in subsection (3), had been subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 and this Part for a total period of at least 8 years on 25th October 2010.
(3) That time is any time during which the relevant sex offender was—
(a) remanded in or committed to custody by order of the court;
(b) serving a sentence of imprisonment or a term of service detention;
(c) detained in hospital; or
(d) outside the United Kingdom,
before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997.
(4) The duty referred to in subsection (1)(b) is a duty, no later than the applicable date, to—
(a) make a notification continuation order in respect of the relevant sex offender; or
(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date.
(5) In this section the “applicable date” is 25th January 2011.
88E Review of indefinite notification requirements: further review
(1) Where a notification continuation order has been made, the relevant chief constable must no later than the further date of discharge—
(a) make another notification continuation order in respect of the relevant sex offender; or
(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the further date of discharge.
(2) Section 88C(2) to (8) applies in relation to this section, but a reference to the date of discharge is to be read as a reference to the further date of discharge.
88F Review of the indefinite notification requirements: application to a sheriff
(1) Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part.
(2) An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.
(3) On an application under subsection (1), the sheriff may—
(a) make the order sought in the application; or
(b) make a notification continuation order in respect of the relevant sex offender.
(4) Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but—
(a) a reference to the relevant chief constable is to be read as a reference to the sheriff;
(b) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and
(c) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge.
(5) The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application.
(6) Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.
(7) The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if—
(a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or
(b) personally served on the relevant sex offender and the relevant chief constable.
(8) The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10).
88G Review of indefinite notification requirements: appeals
(1) The decision of the relevant chief constable—
(a) to make a notification continuation order; and
(b) setting the fixed period of the notification continuation order,
may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3).
(2) An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.
(3) The date is—
(a) where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge;
(b) where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or
(c) where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge.
(4) The decision of a sheriff—
(a) on an application made under section 88F(1);
(b) on appeal made under subsection (1); and
(c) in relation to the fixed period of the notification continuation order,
may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision.
(5) On an appeal under this section, the sheriff or the sheriff principal may—
(a) uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff;
(b) make a notification continuation order; or
(c) vary the fixed period in that order.
(6) Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal.
(7) Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.
(8) The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if—
(a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or
(b) personally served on the relevant sex offender and relevant chief constable.
(9) The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10).
(10) The matter is finally determined—
(a) where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken;
(b) where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or
(c) where an appeal is taken—
(i) on the disposal of the appeal; or
(ii) on its being abandoned.