COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 46

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 46

46 .         Length of reporting period

        (1)         A reportable offender must continue to comply with the reporting obligations imposed by this Part for 8 years, if he or she has only ever been found guilty of a single Class 2 offence.

        (2)         A reportable offender must continue to comply with the reporting obligations imposed by this Part for 15 years, if he or she —

            (a)         has only ever been found guilty of a single Class 1 offence; or

            (b)         has only ever been found guilty of 2 Class 3 offences; or

            (c)         has ever been found guilty of more than one reportable offence but is not covered by subsection (3).

        (3)         A reportable offender must continue to comply with the reporting obligations imposed by this Part for the remainder of his or her life, if he or she is a reportable offender in respect of —

            (a)         a Class 1 offence, and he or she then commits and is found guilty of a Class 1 offence, a Class 2 offence or a Class 3 offence; or

            (b)         a Class 2 offence or a Class 3 offence, and he or she then commits and is found guilty of a Class 1 offence; or

            (c)         a Class 2 offence, and he or she then commits and is found guilty of a Class 2 offence or a Class 3 offence and has ever been found guilty of —

                  (i)         3 or more Class 2 offences; or

                  (ii)         2 or more Class 3 offences;

                or

            (d)         a Class 3 offence, and he or she then commits and is found guilty of a Class 2 offence and has ever been found guilty of 3 or more Class 2 offences; or

            (e)         a Class 3 offence, and he or she then commits and is found guilty of a Class 3 offence.

        (4)         A reference in this section to an offence includes an offence committed before the commencement of this section.

        (5)         For the purposes of this section, a person is a reportable offender in respect of a Class 3 offence if the person is sentenced for a Class 3 offence and has previously been found guilty of another Class 3 offence.

        (6)         For the purposes of this section —

            (a)         2 or more offences arising from the same incident are to be treated as a single offence; and

            (b)         2 or more offences arising from the same incident are to be treated as a single Class 1 offence if at least one of those offences is a Class 1 offence; and

            (c)         2 or more offences arising from the same incident are to be treated as a single Class 3 offence if at least one of those offences is a Class 3 offence.