Criminal Justice and Licensing (Scotland) Act 2010

Sexual offences prevention orders

100 Sexual offences prevention orders

(1) In section 141 of the Criminal Justice and Immigration Act 2008 (c.4) (sexual offences prevention orders: relevant sexual offences), subsection (2) is repealed.

(2) In the Sexual Offences Act 2003 (c.42)—

(a) in section 106 (applications and grounds for sexual offences prevention orders: supplemental), in subsection (13), the words from “in their” to the end are repealed,

(b) in section 109 (interim SOPOs), in subsection (5), for “107(3)” substitute “107(2)”,

(c) after section 111 insert—

“111A SOPO and interim SOPO requirements: Scotland

(1) This section applies in relation to a sexual offences prevention order or an interim sexual offences prevention order made, or to be made, by a court in Scotland.

(2) Such an order, in addition to or instead of prohibiting the defendant from doing anything described in the order, may require the defendant to do anything described in the order.

(3) Accordingly, in relation to such an order—

(a) the references in sections 107(2) and 108(5) to a prohibition include a reference to a requirement, and

(b) the reference in section 113(1) to a person’s doing anything which he is prohibited from doing includes a reference to his failing to do anything which he is required to do.”, and

(d) in section 112 (provisions relating to sexual offences prevention orders in Scotland), in subsection (1), after paragraph (d) insert—

“(da) a court may make an order under section 104(1)—

(i) at its own instance, or

(ii) on the motion of the prosecutor;”.