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Criminal Law Legislation Update

Document Cited authorities 3 Cited in Related
Vincent
DOI10.1350/jcla.2012.76.5.789
Date01 October 2012
AuthorLaura McGowan
Published date01 October 2012
Subject MatterCriminal Law Legislation Update
Standing Document..Contents .. Page1
Criminal Law
Legislation Update*
Laura McGowan†
Secondary legislation
The Sexual Offences Act 2003 (Remedial) Order 2012 (SI 2012
No. 1883) was made on 16 July 2012 and came into force on 30 July
2012. This Order amends the Sexual Offences Act 2003 (‘the 2003 Act’)
to remedy an incompatibility with the European Convention on Human
Rights in the provision for the indefinite notification requirements in
s. 82(1) of the 2003 Act. In R (on the application of F (by his litigation friend
F)) and Thompson (FC) v Secretary of State for the Home Department [2010]
UKSC 17, the Supreme Court made a declaration under s. 4 of the
Human Rights Act 1998 that ‘the indefinite notification requirements in
section 82(1) of the Sexual Offences Act 2003 are incompatible with
article 8 of the European Convention on Human Rights in so far as they
do not contain any provision for the review of the justification for
continuing the requirements in individual cases’. This Order introduces
a mechanism by which a person subject to indefinite notification re-
quirements under the 2003 Act can apply for a review and determina-
tion that those requirements shall cease.
The Sexual Offences Act 2003 (Notification Requirements) (England
and Wales) Regulations 2012 (SI 2012 No. 1876) were made on 16 July
2012 and came into force 28 days thereafter. They amend the require-
ments as to the information which offenders, who are subject to the
requirements of Part 2 of the Sexual Offences Act 2003, must notify to
the police. The notification requirements are amended in two ways.
First, they require offenders to notify additional information when they
intend to travel outside the UK (for example, by replacing the existing
requirement to notify foreign travel of three or more days with a re-
quirement to notify all foreign travel). Secondly, they introduce a new
requirement that offenders must notify information in relation to their
residence, banking arrangements and passports or other forms of identi-
...

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