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Police Reform Act 2002

Section 68: Interim orders for sex offenders: England and Wales

363.Subsection (1) of this section introduces interim sex offender orders in England and Wales through a new section 2A in the Crime and Disorder Act. Interim sex offender orders in Northern Ireland are introduced in section 73. Interim sex offender orders in Scotland were provided for in the Crime and Disorder Act 1998 (section 20(4)(a)).

364.New section 2A(1) and (2) state that when an application for a sex offender order has not yet been determined, the police may apply for an interim order pending the outcome of the full application. Under new section 2A(3), the court may then make an interim order if it considers it appropriate to do so.

365.New section 2A(4) provides for an interim order to have effect for the period specified in the order (i.e. it will have effect for a fixed period as specified in the order) and, if still in force, to cease to have effect on determination of the main application.

366.New section 2A(5) makes the offender subject to the notification requirements of the Sex Offenders Act 1997 for the duration of the order. Those requirements include notifying the police of one’s name and address and any changes to them.

367.New section 2A(6) allows either the offender or the police to apply for an interim order to be varied or discharged by further order.

368.New section 2A(7) and (8) make the breach of an interim order an offence with a maximum penalty of five years imprisonment, as with the full order.

369.New section 2A(9) prevents the court from making a conditional discharge as sentence for the breach of an interim order, as with the full order.

370.Subsection (2) applies the existing sex offender order appeal procedure to interim orders. Appeal is to the Crown Court.

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