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Criminal Justice and Immigration Act 2008 (Violent Offender Orders) (Notification Requirements) Regulations 2009

My Lords, under Part 7 of the Criminal Justice and Immigration Act 2008, violent offender orders will come into force on 3 August 2009. These are civil preventive orders that are designed to protect the public from the most dangerous violent offenders: those offenders who continue to pose a high risk of serious harm to the public at the end of their licence or term of imprisonment. On application from the police, a magistrate’s court may impose a violent offender order containing prohibitions and restrictions on an individual. These restrictions may prevent the individual from going to any specified premises or place, attending any specified event or having any contact with a specified individual. The restrictions can prohibit: residence at a particular address—for example, in the vicinity of a previous victim or known criminal associates; contact with a particular individual—for example, a previous partner who has been a victim of domestic abuse; or attendance at certain events—for example, extremist rallies where the offender has a history of violence. Additionally, a person subject to a violent offender order will have to comply with the notification requirements of the order. An offender will need to inform the police annually of basic details such as his or her name and any aliases used, date of birth, home address and any other address at which he or she regularly stays. The breaching of a violent offender order or its notification requirements is a criminal offence that is punishable by up to five years’ imprisonment. We are also strengthening the notification requirements for offenders who are subject to a violent offender order who intend to travel overseas or who identify themselves to the police as having no sole or main residence in the UK. The police currently have a limited ability to monitor these offenders. It could clearly pose a public protection risk if police officers could not track the location of these individuals because they may be out of the country or have no sole or main UK residence. We want to close down the possibility that those subject to a violent offender order could exploit the notification requirements deliberately to mislead or exacerbate the police management of their risk. The proposed amendment to Section 110(5) therefore makes it a requirement for a person subject to the violent offender order notification requirements who has no sole or main residence in the UK to provide his notification weekly rather than annually. More frequent reporting will allow better monitoring of their location and will help to close the loop for individuals who may claim to be homeless to evade the police. The proposed amendment to Section 111(1) makes it a requirement for a person subject to a violent offender order and who intends to travel outside the United Kingdom to notify the police of their plan to leave the UK, the method of their travel, the countries they intend to visit and when they plan to return. This will ensure that, should it be necessary, the police can liaise with the authorities in the destination country as appropriate. Importantly, the offender will also be required to notify the police of all their personal details again on their return, which will ensure the consistency of data. I commend to your Lordships this secondary legislation, which is designed further to minimise the risk to the public from violent offenders.