Sexual Offences Act 2003 Explanatory Notes

Sexual Offences Act 2003

2003 CHAPTER 42

Commentary on Sections

Part 2: Notification and Orders

Section 105: SOPOs: further provision as respects Scotland

212. Section 105 does not affect the power set out at section 104. But it makes further specific provision for a sheriff in Scotland to grant a sexual offences prevention order on the application of a chief constable in certain circumstances.

213. A chief constable may apply to a sheriff for an order under section 105 where he believes that a person is in, or is intending to come to the area of his police force, and that either:

• the person has been dealt with by a court in respect of an offence which comes within paragraph 60 of Schedule 3, in that in dealing with him, the court determined that there was a “significant sexual aspect” to his behaviour; or

• the person was dealt with by a court, before the commencement of this Part, in respect of an offence other than one listed at paragraphs 36 to 59 of Schedule 3, and it is likely that, had he been so dealt with after commencement, the court would have determined that his behaviour in committing the offence had a “significant sexual aspect; and

• that the person’s behaviour, since he was dealt with in respect of the offence, has been such that there is reasonable cause to believe that such an order is necessary.

214. The sheriff may make an order under section 105 if he believes that it is necessary to do so to protect the public or any members of the public from serious sexual harm, and (in the case of a person who was dealt with in respect of an offence before the commencement of this Part) if he believes that there was a significant sexual aspect to the person’s behaviour in committing the offence.