143.Under section 54, failure without reasonable excuse to comply with any of the notification requirements, or providing false information in relation to any of the requirements, constitutes an offence. A reasonable excuse might be where a person does not notify within the required timescale because they are in hospital following an accident. Such an offence is an either way offence with a maximum sentence of five years’ imprisonment (subsection (2)). Subsection (4) provides that the offence of failing to give a notification continues throughout the period during which the required notification is not given, but a person cannot be prosecuted more than once for the same failure. However if a person fails to comply with a requirement, is convicted for this offence and then fails to comply again in respect of the same requirement, that person commits a new offence and may be prosecuted again.
144.Subsection (5) provides that the offence may be tried in a court with jurisdiction in a place where the person resides or is found. The “is found” limb is to cover the case of a person with no fixed abode.
Commentary on Sections Offences in relation to notification Section 54 – Offences relating to notification