ACT No. XXIII of 2011 AN ACT to provide for the registration of sexual offenders and other offenders who commit offences of serious violence.

I assent.

G EORGE A BELA

(L.S.)

President

6th December, 2011

ACT No. XXIII of 2011

AN ACT to provide for the registration of sexual offenders and

other offenders who commit offences of serious violence.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Protection of Minors

(Registration) Act, 2011.

(2) This Act shall come into force on such date as the Minister

responsible for justice may by notice in the Gazette appoint, and

different dates may be so appointed for different purposes and for

different provisions of this Act.

(Article 2)

Offences

Criminal Code (Cap. 9)

1. Articles 197(1) and (2), 198;

2. Article 199 when the offence is committed on a minor;

3. Articles 202, 203, 203A, 204, 204A, 204B, 204C and 204D;

4. Article 207 when the offence is committed on a minor;

5. Articles 208A, 247A, 248D;

6. Articles 251A and 251B when the offence is committed on a minor;

Medical and Kindred Professions Ordinance (Cap. 31)

1. Second proviso to article 120A(2)(b)(ii) when the offence is committed

on a minor

White Slave Traffic Ordinance (Cap. 63)

1. Article 3 when the offence is committed on a minor;

2. Proviso to article 7(1)

Dangerous Drugs Ordinance (Cap. 101)

1. Second proviso to article 22(2)(b)(ii) when the offence is committed on

a minor.

(1)

In this Act, unless the context otherwise requires

Interpretation.

"admitted to a hospital" means admitted to a hospital under

article 43 of the Mental Health Act;

"cautioned" means cautioned by a police or other law

enforcement officer after the person concerned has admitted the

offence;

"the Code" means the Criminal Code;

"community sanction" means a probation order, a community

service order or a combination order as specified in the Probation Cap. 446.

Act;

"competent court" shall have the same meaning given by article

4(1);

"country" includes territory;

"detained in a hospital" means detained in a hospital under Part

IV of the Mental Health Act;

"earlier event" has the meaning given by article 8(2)(a);

"finding" refers to the situation where a person is found not

guilty of a scheduled offence by reason of insanity;

"home address" has the meaning given by article 8(6);

"interim notification order" has the meaning given by article

21(2);

"the Minister” means the Minister responsible for justice;

"notification order" has the meaning given by article 18(1);

"notification period" has the meaning given by article 7(1);

"parental authority" has the same meaning as in the Civil Code;

"the period of conditional discharge" has the meaning given by

article 22(2) of the Probation Act;

"probation order" has the meaning given by article 2 of the

Probation Act;

"probation period" has the meaning given by article 2 of the

Probation Act;

"the Register" means the register established under article 3;

"the Registrar" has the meaning given by article 3;

"registered person" means a person registered in the Register;

"relevant date" has, save in the circumstances mentioned in

articles 19 and 21, the meaning given by article 7(4);

"relevant entity" means any institution, establishment or

organisation which provides or organises any service or activity

which involves the education, care, custody, welfare or upbringing of

minors;

"relevant offender" has the meaning given by article 6(3);

"scheduled offence" means an offence listed in Schedule I;

"supervision" means supervision in pursuance of an order made

for the purpose;

"subject person" has the meaning given by article 13(6);

"young offender" has the meaning given by article 13(2).

(2) Notwithstanding the provisions of any other law, a person

convicted for an offence for which an order is made under the

Probation Act placing the offender on a community sanction or

discharging the offender absolutely or conditionally shall, for the

purpose of this Act, be deemed to be a person convicted of an

offence.

(3) Where under article 1(2) different days are appointed for

the commencement of different provisions of this Act, a reference in

any such provision to the commencement of this Act is to be read

(subject to article 19(4)) as a reference to the commencement of that

provision.

(Article 7)

Description of relevant offender

A person who, in respect of the offence, has been

sentenced to imprisonment for life or for a term of 30

months or more

A person who, in respect of the offence or finding, is

admitted to a hospital

A person who, in respect of the offence, has been

sentenced to imprisonment for a term of more than 6

months but less than 30 months

A person who, in respect of the offence, has been

sentenced to imprisonment for a term of 6 months or

less

A person in whose case an order for conditional

discharge or a probation order is made in respect of

the offence

A person within article 18(2)(d)

A person of any other description

Passed by the House of Representatives at Sitting No. 416 of the 29th

November, 2011.

P AULINE A BELA

Clerk to the House of Representatives

(1) The Registrar, Civil Courts and Tribunals,

hereinafter in this Act referred to as "the Registrar", shall maintain a

register within which there shall be noted down the name of any

person who is subject to notification requirements, together with

those details which are required to be notified, under the provisions of

this Act, as well as an authentic copy of the relevant judgment or

court decree, as the case may be.

(2) Any register as provided in sub-article (1) may be kept and

maintained in electronic format.

(3) Any registered person shall be ineligible for membership

of, or any employment or other position with, any institution,

establishment or organisation providing or organising any service or

activity which involves the education, care, custody, welfare or

upbringing of minors, whether such membership, employment or

other position is against payment or otherwise.

(4) Any registered person who is a member of, or is employed

or holds any position with, any institution, establishment or

organisation as is mentioned in sub-article (3), whether such

membership, employment or other position is against payment or

otherwise, shall have his membership, employment or position

terminated with immediate effect without that person being entitled to

any compensation other than any remuneration that may be due to

him for services rendered until termination.

(1) Notwithstanding the provisions of any other law, Requests for

any relevant entity shall, not earlier than six months from the coming information

from the

into force of this Act but not later than eighteen months from the Register.

coming into force of this Act, request the Voluntary Jurisdiction

Section of the Civil Court (First Hall), hereinafter in this Act referred

to as "the competent court", for information which may be registered

in the Register in respect of any person who is employed or holds any

position with the same institution, establishment or organisation

whether such employment or position is against payment or

otherwise.

(2) Any relevant entity which, against payment or otherwise,

intends to employ any person or to entrust any person with a position

within the entity shall, before so employing or entrusting such person,

request the competent court for information which may be registered

in the Register in respect of that person.

(3) The relevant entity referred to in sub-articles (1) and (2)

shall be bound by the provisions of the Data Protection Act.

(4) Any such request shall be by application which shall be

served on the Attorney General who shall be allowed a period of

seven working days for a reply.

(5) The competent court may appoint a date for the hearing of

the application in order to determine whether the application should

be allowed and the date of the hearing shall be served on the Attorney

General who may take part in the hearing.

(6) If the competent court allows the application, it shall

identify the information which may be disclosed and shall order that

such information be communicated in writing to the applicant.

(7) The registrar of the Court shall keep a separate record of

all applications filed under this article.

(1) Any person who recruits, engages or employs a

registered person with a relevant entity or who assigns to a registered

person a position with such an entity shall be guilty of an offence and

shall on conviction be liable to the punishment of imprisonment from

three months to four years or to a fine (multa) of not less than two

thousand five hundred euro (€2,500) and not more than fifty thousand

euro (€50,000) or to both such fine and imprisonment.

(2) Any person being a director, manager, secretary or other

similar officer of a relevant entity, as well as any other person who

may in any way be involved in the management of the relevant entity,

who becomes aware of the commission of a scheduled offence which

is committed in the relevant entity to which he appertains and fails to

report the fact to the Commissioner of Police shall be guilty of an

offence and shall on conviction be liable to the same punishment laid

down in sub-article (1) decreased by one degree.

(1) A person shall be subject to the notification

requirements under this Act for the period set out in article 7 ("the

notification period") if that person -

(a)

is convicted of a scheduled offence

Provided that the Court may, if it deems it

appropriate, decide not to subject a person to the notification

requirements if, in its opinion, the case so merits;

(b)

is found not guilty of such an offence by reason of

insanity;

(c)

is convicted of an offence not listed in Schedule I

but the Court is of the opinion that the person convicted

constitutes a threat or a danger to the education, care, custody,

welfare or upbringing of minors and orders the registration of

that person in the Register.

(2) Where any court of first instance finds any person guilty of

a scheduled offence, that court shall order that the judgment shall,

upon becoming final, be notified to the Registrar. Where the court is a

court of appeal which delivers a judgment having the effect of

confirming or declaring a person guilty of an offence as aforesaid,

that court of appeal shall order that the judgment shall forthwith be

notified to the Registrar.

(3) A person for the time being subject to the notification

requirements under this Act is referred to in this Act as "a relevant

offender".

(1) The notification period for a person referred to in Notification

article 6(1) is the period in the second column of Schedule II, period.

opposite the description that applies to that person.

(2) Where a person is under eighteen years of age on the

relevant date, sub-article (1) shall have effect as if for any reference

to a period referred to in Schedule II there were a reference to one-

half of any of the relevant period therein mentioned.

(3) Where a relevant offender falling under article 6(1)(a) has

been sentenced to a term of imprisonment or detention and, before the

notification period in respect of that offence has expired, is again

subsequently convicted of a scheduled offence and sentenced to a

term of imprisonment or detention, sub-article (1) shall have effect as

if that offender had been sentenced to a period of imprisonment or

detention equal to the aggregate of the those terms.

(4) In this Act, "relevant date" means -

(a)

in the case of a person under article 6(1)(a) and

6(1)(c), the date of the conviction;

(b) in the case of a person under article 6(1)(b), the date

of the finding.

(1) A relevant offender shall, within the period of three Initial

days beginning with the relevant date, notify to the Registrar the notification.

information set out in sub-article (4).

(2) Sub-article (1) does not apply to a relevant offender in

respect of a conviction or finding under article 6(1) if -

(a)

immediately before the conviction or finding he was

subject to the notification requirements under this Act as a result

of another conviction, finding or order of a court (the "earlier

event");

(b) at that time, he had made a notification under sub-

article (1) in respect of the earlier event; and

(c)

throughout the period referred to in sub-article (1),

he remains subject to the notification requirements as a result of

the earlier event.

(3) Where a notification order is made in respect of a

conviction or finding, sub-article (1) shall not apply to the relevant

offender in respect of the conviction, or finding if -

(a)

immediately before the order was made, he was

subject to the notification requirements under this Act as a result

of another conviction, finding or caution or an order of a court

("the earlier event"),

(b) at that time, he had made a notification under sub-

article (1) in respect of the earlier event, and

(c)

throughout the period referred to in sub-article (1),

he remains subject to the notification requirements as a result of

the earlier event.

(4) The information referred to in sub-article (1) is -

(a)

the relevant offender’s date of birth;

(b)

his identity card or passport number;

(c)

his name on the relevant date and, where he used

one or more other names on that date, each of those names;

(d)

his home address on the relevant date;

(e)

his name on the date on which notification is given

and, where he used one or more other names on that date, each

of those names;

(f)

his home address on the date on which notification

(g) the address of any other premises in Malta at which,

at the time the notification is given, he regularly resides or

(5) When determining the period for the purpose of sub-article

(1), there shall be disregarded any time when the relevant offender is -

(a)

remanded in or committed to custody by an order of

(b)

serving a sentence of imprisonment or detention;

(c)

detained in a hospital; or

(d)

outside Malta.

(6) In this Act, "home address" means, in relation to any

person

(a)

the address of his sole or main residence in Malta, or

(b) where he has no such residence, the address or

location of a place in Malta where he can regularly be found

and, if there is more than one such place, such one of those

places as the person may select.

(1) A relevant offender must, within the period of three Changes in

notified

days beginning with -

information.

(a)

his using a name which has not been notified to the

Registrar under article 8(1) or this sub-article,

(b)

any change of his home address,

(c)

his having resided or stayed, for a qualifying period,

at any premises in Malta the address of which has not been

notified to the Registrar under article 8(1) or this sub-article, or

(d) his release from custody pursuant to an order of a

court or from imprisonment or detention in a hospital,

notify to the police that name, the new home address, the address of

those premises or, as the case may be, the fact that he has been

released, and, in addition, the information set out in article 8(4).

(2) A notification under sub-article (1) may be given before

the name is used, the change of home address occurs or the qualifying

period ends, but in that case the relevant offender must also specify

the date when the event is expected to occur.

(3) If a notification is given in accordance with sub-article (2)

and the event to which it relates occurs more than two days before the

date specified, the notification does not affect the duty imposed by

sub-article (1).

(4) If a notification is given in accordance with sub-article (2)

and the event to which it relates has not occurred by the end of the

period of three days beginning with the date specified -

(a)

the notification does not affect the duty imposed by

sub-article (1), and

(b) the relevant offender must, within the period of six

days beginning with the date specified, notify to the police the

fact that the event did not occur within the period of three days

beginning with the date specified.

(5) Article 8(5) applies to the determination of the period of

three days mentioned in sub-article (1) and the period of six days

mentioned in sub-article (4)(b), as it applies to the determination of

the period mentioned in article 8(1).

(6) In this article, "qualifying period" means -

(a)

a period of seven days, or

(b) two or more periods, in any period of twelve

months, which taken together amount to seven days.

(1) A relevant offender must, within the period of one

year after each event referred to in sub-article (2), notify to the

Registrar the information set out in article 8(4) unless within that

period he has given a notification under article 9(1).

(2) The events to which reference is made in sub-article (1)

(a)

the commencement of this article, but only in the

case of a person who is a relevant offender from that

commencement;

(b) any notification given by the relevant offender under

articles 8(1) or 9(1); and

(c)

any notification given by him under sub-article (1).

(3) Where the period referred to in sub-article (1) would, apart

from this sub-article, end whilst sub-article (4) applies to the relevant

offender, that period is to be treated as continuing until the end of the

period of three days beginning when sub-article (4) first ceases to

apply to the relevant offender.

(4) The provisions of this sub-article apply to the relevant

offender if he is -

(a)

remanded in or committed to custody by an order of

a court,

(b)

serving a sentence of imprisonment or detention,

(c)

detained in a hospital, or

(d)

outside Malta.

(1) The Minister may by regulations make provision Travel outside

requiring relevant offenders who leave Malta, or any description of Malta.

such offenders -

(a)

to give in accordance with the regulations, before

they leave, a notification under sub-article (2);

(b) if they subsequently return to Malta, to give in

accordance with the regulations a notification under sub-article

(3).

(2) A notification under this sub-article must disclose -

(a)

the date on which the offender will leave Malta;

(b) the country or, if there is more than one country, the

first country, to which he will travel and his point of arrival,

determined in accordance with the regulations, in that country;

(c)

any other information, prescribed by the regulations,

which the offender holds about his departure from or return to

Malta or his movements while outside Malta.

(3) A notification under this sub-article must disclose any

information prescribed by the regulations about the offender’s return

to Malta.

(4) Regulations made under sub-article (1) may make different

provision for different categories of person.

(1) A person shall be deemed to have given a Method of

notification and

notification under articles 8(1), 9(1) or 10(1) by -

related matters.

(a)

attending at the Registry of the Civil Courts and

Tribunals as the Minister may by regulations prescribe; and

(b) giving an oral notification to the official at the said

Registry authorised for the purpose by the Registrar.

(2) Any notification under this article must be acknowledged;

and an acknowledgment under this sub-article must be in writing, and

in such form as the Registrar may direct.

(1)

The provisions of sub-article (2) apply to -

Parental

directions.

(a)

a relevant offender under articles 6(1)(a) to (c) or

6(2);

(b)

a subject person; or

(c)

a respondent under sub-article (4).

(2) Where a person to whom this sub-article applies is under

eighteen years of age ("the young offender") -

(a)

the court which deals with the relevant offender

under sub-article (1)(a), or

(b) the court which makes the order in respect of the

subject person under sub-article (1)(b), or

(c)

the court which hears the application in respect of

the respondent under sub-article (1)(c),

may direct that sub-article (3) applies in respect of an individual ("the

parent") having parental authority over the young offender.

(3) Where this sub-article applies -

(a)

the obligations that would, apart from this sub-

article, be imposed by or under articles 8 to 11 on the young

offender are to be treated instead as obligations on the parent,

and

(b) the parent must ensure that the young offender

attends at the Registry of the Civil Courts and Tribunals with

him, when a notification is being given.

(4) A direction under sub-article (1) shall take immediate

effect and shall apply -

(a)

until the young offender attains the age of eighteen

years; or

(b) for such shorter period as the court may, at the time

the direction is given, direct.

(5) The Commissioner of Police may apply to the competent

court for a direction under sub-article (1) in respect of a relevant

offender ("the respondent") whom he reasonably believes to be under

eighteen years of age.

(6) For the purposes of this article "subject person" means a

person who is the subject of a notification order or of an interim

notification order.

(1) A person mentioned in sub-article (2) may make an Variations,

application to the competent court for an order varying, renewing or renewals

discharges of

parental

discharging a direction under article 13(2).

directions.

(2) The persons referred to in sub-article (1) are

(a) the young offender;

(b) the parent;

(c) the Commissioner of Police.

(3) The application shall be served on the other persons, other

than the applicant, mentioned in sub-article (2) and the court, after

hearing the person making the application and (if they wish to be

heard) the other persons mentioned in sub-article (2), may make any

order, varying, renewing or discharging the direction, that the court

considers appropriate.

Whosoever -

Offences

relating to

notification.

(a)

fails, without reasonable cause, to comply with

articles 8(1), 9(1), 9(4)(b), 10(1), or 13(3)(b) or any requirement

imposed by regulations made under article 11(1); or

(b) notifies to the police, in purported compliance with

articles 8(1), 9(1) or 10(1) or any requirement imposed by

regulations made under article 11(1), any information which he

knows to be false,

shall be guilty of an offence and shall be liable on conviction to the

punishment of imprisonment from three months to four years or to a

fine (multa) of not less than one hundred euro (€100) and not more

than one thousand euro (€1,000) or to both such fine and

imprisonment.

(1) The provisions of sub-article (2) apply where on any Certificates.

date a person is -

(a)

convicted of an offence listed in Schedule I;

(b)

found not guilty of such an offence by reason of

insanity.

(2) If the court by or before which the person is so convicted

or found -

(a)

states in open court -

(i) that on that date that person has been

convicted or found not guilty by reason of insanity, and

(ii) that the offence in question is an offence

listed in Schedule I, and

(b) certifies those facts, whether at the time or

subsequently,

the relevant certificate shall, for the purposes of this Act, be deemed

to be sufficient evidence of those facts.

(1) The provisions of this article shall apply to a

relevant offender who is serving a sentence of imprisonment or is

detained in a hospital.

(2) The Minister may by regulations make provision requiring

notice to be given by the person who is responsible for that offender

to persons prescribed by the regulations, of any occasion when the

offender is released or a different person becomes responsible for

him.

(3) The regulations may make provision for determining who

is to be treated, for the purposes of this article, as responsible for an

offender.

(1) The Commissioner of Police may apply to the Court

of Magistrates for an order under this article (a "notification order")

in respect of a person ("the defendant") if -

(a)

it appears to him that the three conditions referred to

in sub-articles (2), (3) and (4) are met with respect to the

defendant, and

(b) the defendant resides in Malta or the Commissioner

of Police believes that the defendant is in, or is intending to

come to, Malta.

(2) The first condition is that under the law in force in a

country outside Malta

(a)

the defendant has been convicted of a relevant

offence, whether or not he has been punished for it,

(b) a court exercising jurisdiction under that law has

made in respect of a relevant offence a finding equivalent to a

finding that the defendant is not guilty by reason of insanity,

(c)

such a court has made, in respect of a relevant

offence, a finding equivalent to a finding that the defendant is

under a disability and committed the act charged against him in

respect of the offence, or

(d) the defendant has been cautioned in respect of a

relevant offence.

(3) The second condition is that

(a)

the first condition is met because of a conviction,

finding or caution which occurred on or after the date of the

coming into force of this Act;

(b) the first condition is met because of a conviction or

finding which occurred before that date, but the person was

dealt with in respect of the offence or finding on or after that

date, or has yet to be dealt with in respect of it; or

(c)

the first condition is met because of a conviction or

finding which occurred before that date, but on that date the

person was, in respect of the offence or finding, subject under

the law in force in the country concerned to detention,

supervision or any other disposal equivalent to any of those

mentioned in sub-article (2).

(4) The third condition is that the period set out in article 8, as

modified by article 19(2) and (3), in respect of the relevant offence

has not expired.

(5) If on the application it is proved that the conditions

referred to in sub-articles (2) to (4) are met, the court shall make a

notification order.

(6) In this article and in article 19, "relevant offence" has the

meaning given by article 20.

(1)

Where a notification order is made -

Effect of

notification

orders.

(a)

the application of this Act to the defendant in respect

of the conviction, finding or caution to which the order relates

shall be subject to the modifications set out below, and

(b) subject to those modifications, the defendant shall

become or, as the case may be, shall remain subject to the

notification requirements of this Act for the notification period

set out in article 8.

(2) The "relevant date" means

(a)

in the case of a person referred to in article 18(2)(a),

the date of the conviction;

(b) in the case of a person referred to in article 18(2)(b)

or (c), the date of the finding;

(c)

in the case of a person referred to in article 18(2)(d),

the date of the caution.

(3) In article 7 -

(a)

references, except in Schedule II, to a person, or

relevant offender, within any provision of article 6 are to be read

and construed as references to the defendant;

(b) references to an order of any description are to be

read and construed as references to any corresponding disposal

made in relation to the defendant in respect of an offence or

finding by reference to which the notification order was made;

(c)

the reference to offences listed in Schedule I is to be

read and construed as a reference to relevant offences.

(4) In articles 8 and 10, references to the commencement date

are to be read as references to the date of service of the notification

"Relevant offence" in articles 18 and 19 means an

(a)

constituted an offence under the law in force in the

country concerned, and

(b) would have constituted an offence listed in Schedule

I, other than the offence referred to in paragraph 6 thereof, if it

had been committed in Malta.

(2) An act punishable under the law in force in a country

outside Malta constitutes an offence under that law for the purposes

of sub-article (1), howsoever it is described in that law.

(3)

Subject to sub-article (4), on an application for a

notification order, the condition in sub-article (1)(b) shall be taken as

met unless, not later than such period as may be provided by Rules of

Court made under this article, the defendant serves on the applicant a

(a)

stating that, on the facts as alleged with respect to

the act concerned, the condition is not in his opinion met,

(b)

showing his grounds for that opinion, and

(c)

requiring the applicant to prove that the condition is

met.

(4) The court, if it thinks fit, may permit the defendant to

require the applicant to prove that the condition is met without service

of a notice under sub-article (3).

(1)

"Reat rilevanti" fl-artikoli 18 u 19 tfisser att li -

Reati rilevanti.

(a)

ikkostitwixxa reat taħt il-liāi fis-seħħ tal-pajjiŜ

konëernat; u

(b) kien jikkostitwixxi reat elenkat fl-Iskeda I, ħlief

għar-reat imsemmi fil-paragrafu 6 tagħha, li kieku seħħ f’Malta.

(2) Att punibbli taħt il-liāi fis-seħħ f’pajjiŜ barra minn Malta

jikkostitwixxi reat taħt dik il-liāi għall-finijiet tas-subartikolu (1),

irrispettivament mid-deskrizzjoni tiegħu f’dik il-liāi.

(3) Bla ħsara għas-subartikolu (4), meta jsir rikors għal ordni

ta’ notifikazzjoni, il-kondizzjoni fis-subartikolu (1)(b) għandha

titqies bħala li ntlaħqet sakemm, mhux iŜjed tard minn dak iŜ-Ŝmien li

Regoli tal-Qorti magħmulin taħt dan l-artikolu jippermettu, l-imputat

ma jkunx innotifika lir-rikorrent bl-ordni -

(a)

li jgħid li, dwar il-fatti allegati dwar l-att konëernat,

il-kondizzjoni fl-opinjoni tiegħu ma ntlaħqitx;

(b)

li juri r-raāunijiet għall-opinjoni tiegħu; u

(ë)

li jeħtieā li r-rikorrent jipprova illi l-kondizzjoni

ntlaħqet.

(4) Il-qorti, jekk jidhrilha xieraq, tista’ tippermetti lill-imputat

li jeħtieā li r-rikorrent jipprova li l-kondizzjoni ntlaħqet mingħajr in-

notifikazzjoni ta’ ordni taħt is-subartikolu (3).

(1) The provisions of this article shall apply where an Interim

application for a notification order ("the main application") has not notification

orders.

been determined.

(2) An application for an order under this article ("an interim

notification order") -

(a)

may be made in the main application, or

(b) if the main application has been made, may be made

by the person who has made that application, by another

application to the court to which the main application has been

made.

(3) The court may, if it considers it appropriate to do so, make

an interim notification order.

(4) An interim notification order -

(a)

shall have effect only for a fixed period, specified in

the order;

(b) shall cease to have effect, if it has not already done

so, on the determination of the main application.

(5) While an interim notification order has effect -

(a)

the defendant shall be subject to the notification

requirements of this Act; and

(b) the provisions of this Act shall apply to the

defendant, subject to the modification set out in sub-article (6).

(6) The "relevant date" means the date of service of the order.

(7) The applicant or the defendant may apply to the court

which made the interim notification order for the order to be varied,

renewed or discharged.

A defendant may apply to the Criminal Court for the

revocation of a notification order or interim notification order.

(1)

The Minister may by order amend the Schedules I or

(2) Any amendment which falls within the provisions of sub-

article (3) shall not apply to convictions, findings and cautions before

the amendment takes effect.

(3) An amendment shall be deemed to fall within the

prohibition referred to in sub-article (2) if such amendment -

(a)

adds an offence,

(b)

removes a threshold relating to an offence, or

(c)

changes a threshold in such a way as to cause an

offence committed by or against a person of a particular age or

in certain circumstances, or resulting in a particular disposal, to

be within a Schedule when it would not otherwise be so

included.