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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Magistrates' Courts (Notification Orders) Rules 2004 No. 1052 URL: http://www.bailii.org/uk/legis/num_reg/2004/20041052.html |
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| Made | 5th April 2004 | ||
| Laid before Parliament | 6th April 2004 | ||
| Coming into force | 1st May 2004 |
Notification orders and interim notification orders
3.
- (1) An application for -
may be in the form set out in Schedule 1.
(2) A summons directed to the defendant requiring him to appear before a magistrates' court to answer an application referred to in paragraph (1) may be in the form set out in Schedule 2.
(3) A notification order shall be in the form set out in Schedule 3.
(4) An interim notification order shall be in the form set out in Schedule 4.
(5) As soon as reasonably practicable after a notification order or an interim notification order has been made, the Justices' Chief Executive shall serve a copy of that order on the defendant. Any copy of an order required to be sent under these Rules to the defendant shall be either given to him in person or sent by post to his last known address and, if so given or sent, shall be deemed to have been received by him, unless the defendant proves that it was not received by him.
Time limit for service of a notice under section 99(3)
4.
If a defendant wishes to serve on the applicant a notice under section 99(3)[3], he must do so no later than 3 days before the hearing date for the application for the notification order.
Falconer of Thoroton,
C.
Date 5th April 2004
Date . . . . . . . . . . . . . .
Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It appears that the defendant
[resides in the police area]
[is in or is intending to come to the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . police area because
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It appears that the defendant on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [date(s)]
at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [court/police station]
in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [country outside the United Kingdom]
and under the law in force in that country outside the United Kingdom,
[was convicted of a relevant offence (as defined in section 99 of the SOA 2003)]
[in respect of a relevant offence, was made subject to a finding equivalent to a finding that he was not guilty by reason of insanity]
[in respect of a relevant offence, was made subject to a finding equivalent to a finding that he was under a disability and did the act charged]
[was cautioned in respect of a relevant offence].
The offence as described in the law in force in the country outside the United Kingdom:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The offence, listed in Schedule 3 to the SOA 2003, that this would have constituted had the act been done in any part of the United Kingdom:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the above conviction, finding or caution above occurred before 1st September 1997, it appears that
[the defendant was dealt with in relation to the offence or finding on or after that date or has yet to be dealt with]
[the defendant, in respect of that offence or finding, was, under the law in force in the country concerned, subject to detention, supervision or any other disposal as referred to in section 97(3)(c) of the SOA 2003.]
It further appears that the notification period that would have applied under section 82 of the SOA 2003 had the conviction, finding or caution taken place in the United Kingdom has not expired.
[Additional information relating to an application for an interim notification order:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
Accordingly application is made for
[a notification order]
[an interim notification order]
[a notification order and an interim notification order]
which will make the defendant subject to the notification requirements in Part 2 of the SOA 2003.
The complaint of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Who [upon oath] states that the facts given in this form are true to the best of his knowledge and belief.
Taken [and sworn] before me
Date: . . . . . . . . . . . . . .
To the defendant: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
You are hereby summonsed to appear on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [date]
at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [time] before the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Magistrates' Court to answer an application for a [notification order] [interim notification order], which application is attached to this summons.
NOTE:
Where the court is satisfied that this summons was served on you within what appears to the court to be a reasonable time before the hearing or adjourned hearing, it may issue a warrant for your arrest or proceed in your absence.
If a notification order is made against you, you will be subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, which include obligations on you to notify the police of:
Date: . . . . . . . . . . . . . .
Defendant: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Complainant: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It is adjudged that the following facts have been made out and therefore the conditions are met for a notification order to be made against the above defendant.
1.
On . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [date(s)]
at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [court/police station]
in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [country outside the United Kingdom]
and under the law in force in that country outside the United Kingdom, the defendant
[was convicted of a relevant offence (as defined in section 99 of the SOA 2003)]
[in respect of a relevant offence, was made subject to a finding equivalent to a finding that he was not guilty by reason of insanity]
[in respect of a relevant offence, was made subject to a finding equivalent to a finding that he was under a disability and did the act charged]
[was cautioned in respect of a relevant offence].
The offence as described in the law in force in the country outside the United Kingdom:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The offence, listed in Schedule 3 to the SOA 2003, that this would have constituted had the act been done in any part of the United Kingdom:
2.
[The above conviction, finding or caution occurred on or after 1st September 1997]
[Where the above conviction or finding took place before 1st September 1997,]
[the defendant was dealt with in relation to the offence or finding on or after that date or has yet to be dealt with]
[the defendant, in respect of that offence or finding, was, under the law in force in the country concerned, subject to . . . . . . . . . . . . . . . . . . . . . . . . . . . . [details of detention, supervision or other disposal as referred to in section 97(3)(c) of the SOA 2003.]]
3.
The notification period that would have applied under section 82 of the SOA 2003 had the conviction, finding or caution taken place in the United Kingdom has not expired.
It is ordered that the defendant must comply with the notification requirements of Part 2 of the Sexual Offences Act 2003 subject to the modifications set out in section 98 of that Act. In particular, the defendant's initial notification to the police must be made within 3 days of the service of this order.
The defendant must comply with the notification requirements for the period set out in section 82 of the Sexual Offences Act 2003. That is for [the period of his conditional discharge or equivalent][two years][five years][seven years][ten years][an indefinite period] starting from:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [the date of conviction, finding or caution in the country outside the United Kingdom]
NOTE:
The requirement of a notification order is that you (the defendant) will be subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 as modified in section 98 of that Act. The requirements of that Act include an obligation on you to report to a prescribed police station within 3 days of the service of this order and to notify the police of your name(s), home address, date of birth and national insurance number. Thereafter you are obliged to notify the police of:
Date: . . . . . . . . . . . . . .
Defendant: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Complainant: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An application for a notification order has been made by the complainant and that application has not yet been determined.
The court considers it is just to make an interim notification order.
It is ordered that the defendant is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, subject to the modification that the relevant date (within the meaning of that Part) means the date of service of this order.
This interim notification order will last until
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [date]
and will cease to have effect, if it has not already done so, on determination of the main application.
NOTE:
The requirement of an interim notification order is that you (the defendant) will be subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 as modified in section 100(6) of that Act, namely that the "relevant date" means the date of service of the order. The requirements of that Act include an obligation on you to report to a prescribed police station within 3 days of the service of this order and to notify the police of your name(s), home address, date of birth and national insurance number. Thereafter you are obliged to notify the police of:
[3] section 99(3) provides for notice to be served disputing that the condition in section 99(1)(b) is met ie that an offence committed outside the United Kingdom would have constituted a relevant offence if committed in the United Kingdom.back
