Notification requirements
Section 47– Initial notification
124.Section 47 sets out the information the person must supply to the police when first making a notification and the time scales within which that notification must be made. Subsection (1) provides that an individual must notify the police of the specified information within three days beginning with the day the person was dealt with for the offence or, where these provisions have retrospective application, within three days of the commencement of Part 4. In calculating the period within which an offender must give notification under subsection (1), any time when the offender meets the conditions in subsection (4) – for instance any time when he is serving a sentence of imprisonment – does not count. As a person will usually be sent straight to prison (or hospital) following their conviction for a relevant offence, this will usually mean that the person will have to make their initial notification within three days of their release. Subsection (6) provides that where the notification requirements apply by virtue of a conviction prior to the commencement of this Part and the person is not still in prison or otherwise detained, initial notification must be given within 3 days of commencement.
125.Subsections (2) and (3) set out the information which is required from the person subject to the notification requirements, and includes the person’s name (or names) and home address (or addresses), date of birth and national insurance number and any information prescribed in regulations. The definition of “home address” is found in section 60. This provides that where an offender is homeless or has no fixed abode his “home address” means an address or location where he can be regularly found. This might, for example, be a shelter, a friend's house or a park bench.
126.Subsection (5) relates to a case where a person who receives a triggering conviction and sentence is already subject to the notification requirements by virtue of an earlier offence. If in these circumstances the person has made an initial notification in accordance with subsection (1) in respect of the earlier offence, he is not required to make an initial notification again in accordance with subsection (1). However, this applies only where the notification period in respect of the earlier offence lasts throughout the period specified in subsection (1), as extended in accordance with subsection (4) if appropriate.
Section 48 – Notification of changes
127.Section 48 sets out the requirement on a person to notify the police of changes to the details they have already notified. This includes the requirement in subsection (3) that a person who stays at an address in the UK for a period of seven days or for a combined period of seven days within 12 months, must notify the police of this address. This might apply for example where the person stays at a friend or relative’s house or a hotel in the UK for this length of time.
128.Subsection (4) provides that a person who is subject to the notification requirements who is released from custody, released from imprisonment or detention pursuant to a sentence of a court, released from detention in hospital or detention under Immigration Acts must notify the police of this fact. This will mean for example that where a person who was given a suspended sentence subsequently has that sentence activated, the person must notify the police on release from prison. Section 60 defines “release” as including release on licence but not temporary release.
129.Subsections (7) and (8) provide that notification of any changes must be made before the end of the period of three days following the events specified in this section. Where the event is residing or staying at other premises as described in subsection (3) then the three day notification period begins when the seven day period set out in that subsection ends. When determining the period within which notification is to be given under this section, any periods spent in custody, imprisonment, detention or detained in a hospital or immigration detention are to be disregarded.
130.Subsection (10) provides that any notification under this section must be accompanied by the other information given to the police at the initial notification.
Section 49 – Periodic re-notification
131.Section 49 provides that one year after the initial notification, a notification of change, a notification under this section, or a notification on return after absence from the UK, the individual must re-notify the police of the information specified in section 47(2). The effect of this section is that the person must re-notify their details to the police at least annually. However, the requirement does not apply if an individual is in custody by an order of a court, serving a sentence of imprisonment or detention, detained in a hospital, or detained under Immigration Acts on the date on which they are due to re-notify: in those circumstances the person is required to notify under section 48 (notification of changes) on their release (subsections (2) and (3)). These subsections are to ensure the person is not subject to overlapping requirements.
Section 50 – Method of notification and related matters
132.This section describes how and where a person is required to notify information to the police under the provisions relating to initial notification, notification of change, periodic re-notification and notification on return after absence from the UK. Subsection (2) provides that the person must notify by attending a police station in the person’s local police area (as defined in section 51) and making an oral notification to a police officer or other person authorised by the officer in charge of the station. Where the person is away from their usual home address for a period of seven days or a period amounting to seven days during a year, then they can notify at a police station local to their temporary address (subsection (3)).
133.The police must acknowledge the notification by the person in writing and in the form specified by the Secretary of State (subsections (4) and (5)).
134.Subsection (6) allows the police to take fingerprints from the person making the notification and to photograph any part of the person for the purpose of verifying their identity. “Photograph” is defined for these purposes in section 60 and could include for example taking an iris scan.
Section 51 – Meaning of “local police area”
135.Section 51 defines “local police area” for the purposes of section 50(2) (method of notification). Subsections (1)(b) and (c) deal with cases where the person has no home address (as defined in section 60). A person may have no home address because for example they spend most of their time abroad and only return to the UK occasionally, or because they are itinerant.
Section 52 – Travel outside the United Kingdom
136.Section 52(1) provides a power for the Secretary of State to make regulations setting out additional notification requirements for persons subject to the notification scheme in relation to foreign travel.
137.Subsection (2) sets out details the person must notify to the police concerning their departure (such as date of departure, the country the person is travelling to and their point of arrival) and allows the regulations to prescribe further details that must be given. Subsection (3) concerns the details that must be disclosed about the person’s return to the UK: these will be given in the regulations.
138.Subsections (4) and (5) provide that a notification under this section must be made in accordance with the regulations; and that the regulations are subject to the affirmative resolution procedure.
