Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 109 is up to date with all changes known to be in force on or before 31 March 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 109:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Part 7Violent offender orders
Notification requirements
109Notification requirements: changes
(1)
An offender subject to notification requirements must notify to the police—
(a)
the required new information, and
(b)
the information mentioned in section 108(2),
within the period of 3 days beginning with the date on which any notifiable event occurs.
(2)
A “notifiable event” means—
(a)
the use by the offender of a name which has not been notified to the police under section 108 or this section;
(b)
any change of the offender’s home address;
(c)
the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under section 108 or this section,
(d)
any prescribed change of circumstances, or
(e)
the release of the offender from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital.
(3)
The “required new information” is—
(a)
the name referred to in subsection (2)(a),
(b)
the new home address (see subsection (2)(b)),
(c)
the address of the premises referred to in subsection (2)(c),
(d)
the prescribed details, or
(e)
the fact that the offender has been released as mentioned in subsection (2)(e),
as the case may be.
(4)
A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.
(5)
If a notification is given in accordance with subsection (4) 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).
(6)
If a notification is given in accordance with subsection (4) 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 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.
(7)
Section 108(4) applies to the determination of—
(a)
any period of 3 days for the purposes of subsection (1), or
(b)
any period of 6 days for the purposes of subsection (6),
as it applies to the determination of the period of 3 days mentioned in section 108(1).
(8)
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 108(2)(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.
(9)
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.