Page:Sexual Offences Act 2003.pdf/60

54 Part 2—Notification and orders Notification orders 97 Notification orders: applications and grounds

(1) A chief officer of police may, by complaint to any magistrates’ court whose commission area includes any part of his police area, apply for an order under this section (a “notification order”) in respect of a person (“the defendant”) if—
 * (a) it appears to him that the following three conditions are met with respect to the defendant, and
 * (b) the defendant resides in his police area or the chief officer believes that the defendant is in, or is intending to come to, his police area.

(2) The first condition is that under the law in force in a country outside the United Kingdom—
 * (a) he has been convicted of a relevant offence (whether or not he has been punished for it),
 * (b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
 * (c) such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
 * (d) he has been cautioned in respect of a relevant offence.

(3) The second condition is that—
 * (a) the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,
 * (b) the first condition is met because of a conviction or finding which occurred before that date, but the person was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or
 * (c) the first condition is met because of a conviction or finding which occurred before that date, but on that date the person was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).

(4) The third condition is that the period set out in section 82 (as modified by subsections (2) and (3) of section 98) in respect of the relevant offence has not expired.

(5) If on the application it is proved that the conditions in subsections (2) to (4) are met, the court must make a notification order.

(6) In this section and section 98, “relevant offence” has the meaning given by section 99.

98 Notification orders: effect

(1) Where a notification order is made—
 * (a) the application of this Part to the defendant in respect of the conviction, finding or caution to which the order relates is subject to the modifications set out below, and