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Sexual Offences Act 2003

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Sexual Offences Act 2003, Part 2 is up to date with all changes known to be in force on or before 18 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part 2E+W+S+N.I.Notification and orders

Notification requirementsE+W+S+N.I.

80Persons becoming subject to notification requirementsE+W+S+N.I.

(1)A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if—

(a)he is convicted of an offence listed in Schedule 3;

(b)he is found not guilty of such an offence by reason of insanity;

(c)he is found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d)in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.

(2)A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”.

81Persons formerly subject to Part 1 of the Sex Offenders Act 1997E+W+S+N.I.

(1)A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—

(a)he was convicted of an offence listed in Schedule 3;

(b)he was found not guilty of such an offence by reason of insanity;

(c)he was found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d)in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.

(2)Subsection (1) does not apply if the notification period ended before the commencement of this Part.

(3)Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—

(a)had not been dealt with in respect of the offence;

(b)was serving a sentence of imprisonment F1. . . , or was subject to a community order, in respect of the offence;

(c)was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or

(d)was detained in a hospital or was subject to a guardianship order, following the conviction.

(4)Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—

(a)had not been dealt with in respect of the finding; or

(b)was detained in a hospital, following the finding.

(5)Subsection (1)(d) does not apply to a caution given before 1st September 1997.

(6)A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision.

(7)Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect.

(8)The provisions are—

(a)section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

(b)section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);

(c)section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);

(d)section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);

(e)Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);

(f)Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).

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Amendments (Textual)

F1S. 81(3)(b) repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 206, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

82The notification periodE+W+S+N.I.

(1)The notification period for a person within section 80(1) or 81(1) is the period in the second column of the following Table opposite the description that applies to him.

TABLE
Description of relevant offenderNotification period
A person who, in respect of the offence, is or has been sentenced to imprisonment for life [F2, to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 [F3, to an indeterminate custodial sentence under Article 13(4)(a) of the Criminal Justice (Northern Ireland) Order 2008] or to imprisonment for] a term of 30 months or moreAn indefinite period beginning with the relevant date
A person who, in respect of the offence, has been made the subject of an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (order for lifelong restriction)An indefinite period beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital subject to a restriction orderAn indefinite period beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of more than 6 months but less than 30 months10 years beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of 6 months or less7 years beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital without being subject to a restriction order7 years beginning with that date
A person within section 80(1)(d)2 years beginning with that date
A person in whose case an order for conditional discharge or, in Scotland, [F4a community payback order imposing an offender supervision requirement], is made in respect of the offenceThe period of conditional discharge or, in Scotland, [F5the specified period for the offender supervision requirement]
A person of any other description5 years beginning with the relevant date

(2)Where a person is under 18 on the relevant date, subsection (1) has effect as if for any reference to a period of 10 years, 7 years, 5 years or 2 years there were substituted a reference to one-half of that period.

(3)Subsection (4) applies where a relevant offender within section 80(1)(a) or 81(1)(a) is or has been sentenced, in respect of two or more offences listed in Schedule 3—

(a)to consecutive terms of imprisonment; or

(b)to terms of imprisonment which are partly concurrent.

(4)Where this subsection applies, subsection (1) has effect as if the relevant offender were or had been sentenced, in respect of each of the offences, to a term of imprisonment which —

(a)in the case of consecutive terms, is equal to the aggregate of those terms;

(b)in the case of partly concurrent terms (X and Y, which overlap for a period Z), is equal to X plus Y minus Z.

(5)Where a relevant offender the subject of a finding within section 80(1)(c) or 81(1)(c) is subsequently tried for the offence, the notification period relating to the finding ends at the conclusion of the trial.

(6)In this Part, “relevant date” means—

(a)in the case of a person within section 80(1)(a) or 81(1)(a), the date of the conviction;

(b)in the case of a person within section 80(1)(b) or (c) or 81(1)(b) or (c), the date of the finding;

(c)in the case of a person within section 80(1)(d) or 81(1)(d), the date of the caution;

(d)in the case of a person within section 81(7), the date which, for the purposes of Part 1 of the Sex Offenders Act 1997 (c. 51), was the relevant date in relation to that person.

[F6(7)Schedule 3A (which provides for the review and discharge of indefinite notification requirements) has effect.]

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Amendments (Textual)

F2Words in table in s. 82(1) substituted (S.) (8.12.2005) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 17, 24(1); and those same words substituted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 57, 66(2); S.I. 2007/74, art. 2

83Notification requirements: initial notificationE+W+S+N.I.

(1)A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).

(2)Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—

(a)immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part 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 subsection (1) in respect of the earlier event, and

(c)throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(3)Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.

(4)Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—

(a)immediately before the order was made, he was subject to the notification requirements of this Part 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 subsection (1) in respect of the earlier event, and

(c)throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(5)The information is—

(a)the relevant offender’s date of birth;

(b)his national insurance 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 uses one or more other names on that date, each of those names;

(f)his home address on the date on which notification is given;

(g)the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays.

[F7(h)whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A);

(i)such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations.

(5A)The details are—

(a)the issuing authority;

(b)the number;

(c)the dates of issue and expiry;

(d)the name and date of birth given as being those of the passport holder.]

[F8(h)any prescribed information.]

[F9(5A)In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.]

(6)When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—

(a)remanded in or committed to custody by an order of a court [F10or kept in service custody];

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(7)In this Part, “home address” means, in relation to any person—

(a)the address of his sole or main residence in the United Kingdom, or

(b)where he has no such residence, the address or location of a place in the United Kingdom 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.

[F11(8)In this section, “passport” means—

(a)a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77);

(b)a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c)a document that can be used (in some or all circumstances) instead of a passport.]

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Amendments (Textual)

F8S. 83(5)(h) inserted "at the end of subsection (5)" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F9S. 83(5A) inserted "after [subsection 5]" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

84Notification requirements: changesE+W+N.I.

(1)A relevant offender must, within the period of 3 days beginning with—

(a)his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

(b)any change of his home address,

(c)his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997,

[F12(ca)any prescribed change of circumstances, or]

(d)his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

notify to the police that name, the new home address, the address of those premises [F13, the prescribed details] or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5).

(2)A notification under subsection (1) may be given before the name is used, the change of home address [F14or the prescribed change of circumstances] 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 subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(4)If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a)the notification does not affect the duty imposed by subsection (1), and

(b)the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(5)Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).

[F15(5A)In this section—

(a)prescribed change of circumstances” means any change—

(i)occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and

(ii)of a description prescribed by regulations made by the Secretary of State;

(b)the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.]

(6)In this section, “qualifying period” means—

(a)a period of 7 days, or

(b)two or more periods, in any period of 12 months, which taken together amount to 7 days.

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Extent Information

E1This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

F13Words in s. 84(1) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F14Words in s. 84(2) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(4), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

84Notification requirements: changesS

(1)A relevant offender must, within the period of 3 days beginning with—

(a)his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

(b)any change of his home address,

(c)his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997, F237. . .

(d)his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

[F238(e)his losing or ceasing to have a passport notified to the police under section 83(1) or this subsection,

(f)his receiving a passport which has not been notified to the police under section 83(1) or this subsection, or

(g)the occurrence, in relation to information required to be notified by virtue of regulations made under section 83(5)(i), of an event prescribed by the Scottish Ministers in regulations,]

notify to the police that name, the new home address, the address of those premises or [F239the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations], and (in addition) the information set out in section 83(5).

[F240(1A)In subsection (1), “passport” has the same meaning as in section 83.]

(2)A notification under subsection (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 subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(4)If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a)the notification does not affect the duty imposed by subsection (1), and

(b)the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(5)Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).

(6)In this section, “qualifying period” means—

(a)a period of 7 days, or

(b)two or more periods, in any period of 12 months, which taken together amount to 7 days.

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Extent Information

E5This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

85Notification requirements: periodic notificationE+W+S+N.I.

F16(1)A relevant offender must, within [F17the applicable period] after each event within subsection (2), notify to the police the information set out in section 83(5), unless within that period he has given a notification under section 84(1).

(2)The events are—

(a)the commencement of this Part (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 section 83(1) or 84(1); and

(c)any notification given by him under subsection (1).

F18(3)Where [F19the applicable period] would (apart from this subsection) end whilst subsection (4) applies to the relevant offender, that period is to be treated as continuing until the end of the period of 3 days beginning when subsection (4) first ceases to apply to him.

(4)This subsection applies to the relevant offender if he is—

(a)remanded in or committed to custody by an order of a court [F20or kept in service custody],

(b)serving a sentence of imprisonment or a term of service detention,

(c)detained in a hospital, or

(d)outside the United Kingdom.

[F21(5)In this section, the “applicable period” means—

(a)in any case where subsection (6) applies to the relevant offender, such period not exceeding one year as the Scottish Ministers may prescribe in regulations, and

(b)in any other case, the period of one year.

(6)This subsection applies to the relevant offender if the last home address notified by the offender under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).]

[F22(5)In this section, “the applicable period” means—

(a)in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and

(b)in any other case, the period of one year.

(6)This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).]

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Amendments (Textual)

F16Words in s. 85(1) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F17Words in s. 85(1) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(7), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F18Words in s. 85(3) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F19Words in s. 85(3) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(8), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F21S. 85(5)(6) inserted (S.) (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(c), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)

[F2385ANotification requirements: absence from notified residenceN.I.

(1)This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence).

(2)If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).

(3)The information is—

(a)the date on which the relevant offender will leave that home address;

(b)such details as the relevant offender holds about—

(i)his travel arrangements during the relevant period;

(ii)his accommodation arrangements during that period;

(iii)his date of return to that home address.

(4)In this section—

  • “travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel,

  • “accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation.

(5)Where—

(a)a relevant offender has given a notification under subsection (2), and

(b)at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete,

the relevant offender must give a further notification under subsection (2).

(6)Where a relevant offender—

(a)has notified a date of return to his home address, but

(b)returns to his home address on a date other than that notified,

the relevant offender must notify the date of his actual return to the police within 3 days of his actual return.

(7)Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86.

(8)In calculating the relevant period for the purposes of this section there is to be disregarded—

(a)any period or periods which the relevant offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 83(5)(g) notified to the police under section 83 or 85;

(b)any period or periods which the relevant offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 84(1)(c).

(9)This section applies in relation to any relevant period which begins on or after the day after the coming into operation of section 2 of the Criminal Justice Act (Northern Ireland) 2013.]

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Amendments (Textual)

86Notification requirements: travel outside the United KingdomE+W+S+N.I.

(1)The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders—

(a)to give in accordance with the regulations, before they leave, a notification under subsection (2);

(b)if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

(2)A notification under this subsection must disclose—

(a)the date on which the offender will leave the United Kingdom;

(b)the country (or, if there is more than one, 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 the United Kingdom or his movements while outside the United Kingdom.

(3)A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom.

F24(4)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

87Method of notification and related mattersE+W+N.I.

(1)A person gives a notification under section 83(1), 84(1) [F26or 85(1)] [F26, 85(1) or 85A(2) or (6)] by—

(a)attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

(b)giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2)A person giving a notification under section 84(1)—

(a)in relation to a prospective change of home address, or

(b)in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

(3)Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

(4)Where a notification is given under section 83(1), 84(1) [F27or 85(1)] [F27, 85(1) or 85A(2) or (6)], the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—

(a)take his fingerprints,

(b)photograph any part of him, or

(c)do both these things.

(5)The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.

F28(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Extent Information

E2This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

87Method of notification and related mattersS

(1)A person gives a notification under section 83(1), 84(1) or 85(1) by—

(a)attending at such police station F241... as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

(b)giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2)A person giving a notification under section 84(1)—

(a)in relation to a prospective change of home address, or

(b)in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

(3)Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

[F242(5A)Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), do one or more of the following—

(a)allow the officer or person to photograph any part of the offender,

(b)allow the officer or person to take from the offender, or provide to the officer or person, such relevant physical data as the officer or person considers appropriate,

(c)allow the officer or person to take from the offender any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 by the means specified in that paragraph in relation to that sample,

(d)allow the officer or person to take from the offender any sample mentioned in subsection (6A) of that section by the means specified in that subsection.]

[F243(5B)Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), produce each passport he has to that officer or person, for inspection by that officer or person.

(5C)In subsection (5B), “passport” has the same meaning as in section 83.]

F244(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Extent Information

E6This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

F242S. 87(5A) substituted for s. 87(4)(5) (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , {ss. 77(7)}, 104; S.S.I. 2006/432, art. 2(d)

88Section 87: interpretationE+W+S+N.I.

(1)Subsections (2) to (4) apply for the purposes of section 87.

(2)Photograph” includes any process by means of which an image may be produced.

[F29(2A)Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.]

[F30(3)Local police area” means, in relation to a person—

(a)the police area in which his home address is situated;

(b)in the absence of a home address, the police area in which the home address last notified is situated;

(c)in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (4) is situated.]

(4)The ways are—

(a)dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;

(b)dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;

(c)making, in respect of a person, a notification order, interim notification order, [F31sexual harm prevention order, interim sexual harm prevention order,] sexual offences prevention order or interim sexual offences prevention order;

(d)making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland);

and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.

(5)Subsection (3) applies as if Northern Ireland were a police area.

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Amendments (Textual)

[F32[F3388AReview of indefinite notification requirements: applicable personsS

(1)Sections 88B to 88H apply to—

(a)a person who, on or after 28th January 2011, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and

(b)a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of—

(i)section 80(1);

(ii)section 81(1); or

(iii)a notification order made under section 97(5).

(2)A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.]

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Amendments (Textual)

F32Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

[F3488BReview of indefinite notification requirements: date of discharge and further date of dischargeS

(1)For the purposes of this Part, the date of discharge is—

(a)where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date;

(b)where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date.

(2)In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was—

(a)remanded in or committed to custody by order of a court;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in hospital; or

(d)outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part.

(3)Subsection (4) applies where—

(a)the relevant sex offender is subject to the notification requirements of this Part;

(b)after the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part, the relevant sex offender was sentenced to a period of imprisonment or a term of service detention in respect of the offence (or offences) to which the notification requirements relate; and

(c)the date of discharge would, apart from subsection (4), fall on or after 28th January 2011.

(4)In determining the date of discharge under subsection (1), there is also to be disregarded any time when the relevant sex offender was serving a sentence of imprisonment or a term of service detention in respect of that offence (or those offences).

(5)Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order.

(6)In this section and section 88D “relevant date”—

(a)in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6)(a) to (c);

(b)in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).]

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Amendments (Textual)

F32Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

[F3588CReview of the indefinite notification requirements: procedure and groundsS

(1)The relevant chief constable must no later than the date of discharge—

(a)make a notification continuation order in respect of the relevant sex offender; or

(b)notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge.

(2)A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge.

(3)The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.

(4)In deciding whether to make a notification continuation order, the relevant chief constable must take into account—

(a)the seriousness of the offence (or offences)—

(i)of which the relevant sex offender was convicted;

(ii)of which the relevant sex offender was found not guilty by reason of insanity;

(iii)in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or

(iv)in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland,

which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period;

(b)the period of time which has elapsed since the relevant sex offender committed the offence (or offences);

(c)where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d)whether the relevant sex offender has committed any offence under section 91 of this Act;

(e)the age of the relevant sex offender at the time of the decision;

(f)the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed;

(g)the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the relevant sex offender at the time the offence was committed;

(h)any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3;

(i)any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3;

(j)whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded;

(k)any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005;

(l)any other submission or evidence of the risk of sexual harm posed by the relevant sex offender to the public, or any particular members of the public, in the United Kingdom;

(m)any submission or evidence presented by or on behalf of the relevant sex offender which demonstrates that the relevant sex offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and

(n)any other matter which the relevant chief constable considers to be appropriate.

(5)A notification continuation order must state—

(a)the reasons why the order was made; and

(b)the reasons for the determination of the fixed period in the order.

(6)A notification continuation order must be notified to the relevant sex offender by—

(a)the relevant chief constable sending a copy of the order to the relevant sex offender by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b)a constable serving a copy of the order on the relevant sex offender.

(7)In this section—

  • sexual harm” means physical or psychological harm caused by the relevant sex offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; and

  • responsible authorities” has the meaning given by section 10(7) of the Management of Offenders etc. (Scotland) Act 2005.

(8)In this section and sections 88D to 88G, “relevant chief constable” means the chief constable of the [F36Police Service of Scotland].]

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Amendments (Textual)

F32Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

[F3788DReview of indefinite notification requirement: transitional casesS

(1)This section applies to a case where—

(a)the conditions in subsection (2) are satisfied in relation to a relevant sex offender falling within section 88A(1)(b)(ii); and

(b)the relevant chief constable was, under this section as it had effect before the coming into force of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011, under the duty in subsection (4).

(2)The conditions referred to in subsection (1)(a) are that the person—

(a)was aged under 18 on the relevant date; and

(b)after disregarding any time referred to in subsection (3), had been subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 and this Part for a total period of at least 8 years on 25th October 2010.

(3)That time is any time during which the relevant sex offender was—

(a)remanded in or committed to custody by order of the court;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in hospital; or

(d)outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997.

(4)The duty referred to in subsection (1)(b) is a duty, no later than the applicable date, to—

(a)make a notification continuation order in respect of the relevant sex offender; or

(b)notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date.

(5)In this section the “applicable date” is 25th January 2011.]

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Amendments (Textual)

F32Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

[F3888EReview of indefinite notification requirements: further reviewS

(1)Where a notification continuation order has been made, the relevant chief constable must no later than the further date of discharge—

(a)make another notification continuation order in respect of the relevant sex offender; or

(b)notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the further date of discharge.

(2)Section 88C(2) to (8) applies in relation to this section, but a reference to the date of discharge is to be read as a reference to the further date of discharge.]

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Amendments (Textual)

F32Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88FReview of the indefinite notification requirements: application to a sheriffS

(1)Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part.

(2)An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3)On an application under subsection (1), the sheriff may—

(a)make the order sought in the application; or

(b)make a notification continuation order in respect of the relevant sex offender.

(4)Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but—

(a)a reference to the relevant chief constable is to be read as a reference to the sheriff;

(b)if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and

(c)if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge.

(5)The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application.

(6)Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(7)The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if—

(a)sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b)personally served on the relevant sex offender and the relevant chief constable.

(8)The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10).

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Amendments (Textual)

F32Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88GReview of indefinite notification requirements: appealsS

(1)The decision of the relevant chief constable—

(a)to make a notification continuation order; and

(b)setting the fixed period of the notification continuation order,

may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3).

(2)An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3)The date is—

(a)where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge;

(b)where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or

(c)where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge.

(4)The decision of a sheriff—

(a)on an application made under section 88F(1);

(b)on appeal made under subsection (1); and

(c)in relation to the fixed period of the notification continuation order,

may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision.

(5)On an appeal under this section, the sheriff or the sheriff principal may—

(a)uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff;

(b)make a notification continuation order; or

(c)vary the fixed period in that order.

(6)Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal.

(7)Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(8)The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if—

(a)sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b)personally served on the relevant sex offender and relevant chief constable.

(9)The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10).

(10)The matter is finally determined—

(a)where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken;

(b)where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or

(c)where an appeal is taken—

(i)on the disposal of the appeal; or

(ii)on its being abandoned.

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Amendments (Textual)

F32Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88HReview of indefinite notification requirements: power to amend periodsS

  • The Secretary of State may by order amend—

    (a)

    the periods specified in sections 88B(1)(a) and (b); and

    (b)

    the fixed period specified in section 88C(2).

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Amendments (Textual)

F32Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88IDischarge from indefinite notification requirements: England, Wales and Northern IrelandS

(1)A relevant offender who is, under the relevant legislation, discharged from the notification requirements of this Part by a court, person or body in England and Wales or Northern Ireland is, by virtue of the discharge, also discharged from the notification requirements of this Part as it applies to Scotland.

(2)In subsection (1) “relevant legislation” means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and Wales or, as the case may be, Northern Ireland for an indefinite period to be discharged from those notification requirements.]

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Amendments (Textual)

F32Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

89Young offenders: parental directionsE+W+S+N.I.

(1)Where a person within the first column of the following Table (“the young offender”) is under 18 (or, in Scotland, 16) when he is before the court referred to in the second column of the Table opposite the description that applies to him, that court may direct that subsection (2) applies in respect of an individual (“the parent”) having parental responsibility for (or, in Scotland, parental responsibilities in relation to) the young offender.

TABLE
Description of personCourt which may make the direction
A relevant offender within section 80(1)(a) to (c) or 81(1)(a) to (c)The court which deals with the offender in respect of the offence or finding
A relevant offender within section 129(1)(a) to (c)The court which deals with the offender in respect of the offence or finding
A person who is the subject of a notification order, interim notification order, [F39sexual harm prevention order, interim sexual harm prevention order,] sexual offences prevention order or interim sexual offences prevention orderThe court which makes the order
A relevant offender who is the defendant to an application under subsection (4) (or, in Scotland, the subject of an application under subsection (5))The court which hears the application

(2)Where this subsection applies—

(a)the obligations that would (apart from this subsection) be imposed by or under sections 83 to 86 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 police station with him, when a notification is being given.

(3)A direction under subsection (1) takes immediate effect and applies—

(a)until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or

(b)for such shorter period as the court may, at the time the direction is given, direct.

(4)A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for a direction under subsection (1) in respect of a relevant offender (“the defendant”)—

(a)who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and

(b)who the chief officer believes is under 18.

(5)In Scotland, [F40the chief constable of the Police Service of Scotland] may, by summary application to any sheriff F41..., apply for a direction under subsection (1) in respect of a relevant offender (“the subject”)—

(a)who resides in that area, or who the chief constable believes is in or is intending to come to that area, and

(b)who the chief constable believes is under 16.

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Amendments (Textual)

90Parental directions: variations, renewals and dischargesE+W+S+N.I.

(1)A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a direction under section 89(1).

(2)The persons are—

(a)the young offender;

(b)the parent;

(c)the chief officer of police for the area in which the young offender resides;

(d)a chief officer of police who believes that the young offender is in, or is intending to come to, his police area;

[F42(e)in Scotland—

(i)where the appropriate court is a civil court, the chief constable of the Police Service of Scotland; and

(ii)in any other case, the prosecutor;]

(f)where the direction was made on an application under section 89(4), the chief officer of police who made the application;

(g)where the direction was made on an application under section 89(5), the chief constable who made the application.

(3)An application under subsection (1) may be made—

(a)where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court;

(b)in any other case, by complaint (or, in Scotland, by summary application).

(4)On the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the direction, that the court considers appropriate.

(5)In this section, the “appropriate court” means—

(a)where the Court of Appeal made the order, the Crown Court;

(b)in any other case, the court that made the direction under section 89(1).

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Amendments (Textual)

91Offences relating to notificationE+W+N.I.

(1)A person commits an offence if he—

(a)fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1)[F43, 85A(2) or (6)], 87(4) or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or

(b)notifies to the police, in purported compliance with section 83(1), 84(1) [F44or 85(1)] [F44, 85(1) or 85A(2) or (6)] or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3)A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) [F45or 85(1)] [F45, 85(1) or 85A(2) or (6)] or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

(4)Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

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Extent Information

E3This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

91Offences relating to notificationS

(1)A person commits an offence if he—

(a)fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), [F24587(5A)][F246or (5B)] or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or

(b)notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3)A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

[F247(4)Proceedings for an offence under this section may be commenced in any court—

(a)having jurisdiction in any place where the accused—

(i)resides;

(ii)is last known to have resided; or

(iii)is found;

(b)which has convicted the accused of an offence if the accused is subject to the notification requirements of this Part by virtue of that conviction; or

(c)which has made an order under section 104(1)(b) in respect of the accused if the accused is subject to those requirements by virtue of that order.]

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Extent Information

E7This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

[F4691AReview of indefinite notification requirements: qualifying relevant offenderE.W.

(1)A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”).

(2)A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—

(a)subject to the indefinite notification requirements; and

(b)not subject to [F47a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F,] a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3).

(3)The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—

(a)section 80(1);

(b)section 81(1); or

(c)a notification order made under section 97(5).

(4)In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).

(5)Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1).

(6)If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area.

(7)In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.

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Amendments (Textual)

91BReview of indefinite notification requirements: application for review and qualifying datesE.W.

(1)An application for review must be in writing and may be made on or after the qualifying date or, as the case may be, the further qualifying date.

(2)Subject to subsection (7), the qualifying date is—

(a)where the qualifying relevant offender was 18 or over on the relevant date, the day after the end of the 15 year period beginning with the day on which the qualifying relevant offender gives the relevant notification; or

(b)where the qualifying relevant offender was under 18 on the relevant date, the day after the end of the 8 year period beginning with the day on which the qualifying relevant offender gives the relevant notification.

(3)Subject to subsections (4) to (6), the further qualifying date is the day after the end of the 8 year period beginning with the day on which the relevant chief officer of police makes a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements.

(4)Subsection (5) applies if the relevant chief officer of police, when making a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements, considers that the risk of sexual harm posed by a qualifying relevant offender is sufficient to justify a continuation of those requirements after the end of the 8 year period beginning with the day on which the determination is made.

(5)If this subsection applies, the relevant chief officer of police may make a determination to require a qualifying relevant offender to remain subject to the indefinite notification requirements for a period which may be no longer than the 15 year period beginning with the day on which the determination is made.

(6)If subsection (5) applies, the further qualifying date is the day after the end of the period determined under that subsection.

(7)The qualifying date must not be earlier than the expiry of the fixed period specified in a notification continuation order made in relation to a qualifying relevant offender in accordance with sections 88A to 88I.

(8)The relevant chief officer of police within 14 days of receipt of an application for review—

(a)must give an acknowledgment of receipt of the application to the qualifying relevant offender, and

(b)may notify a responsible body that the application has been made.

(9)Where a responsible body is notified of the application for review under subsection (8)(b) and holds information which it considers to be relevant to the application, the responsible body must give such information to the relevant chief officer of police within 28 days of receipt of the notification.

(10)In this section “the relevant notification” means the first notification which the relevant offender gives under section 83, 84 or 85 when he is first released after—

(a)being remanded in or committed to custody by an order of a court in relation to the conviction for the offence giving rise to the indefinite notification requirements;

(b)serving a sentence of imprisonment or a term of service detention in relation to that conviction;

(c)being detained in hospital in relation to that conviction.

(11)For the purposes of this Part—

(a)“responsible body” means—

(i)the probation trust for any area that includes any part of the police area concerned,

(ii)in relation to any part of the police area concerned for which there is no probation trust, each provider of probation services which has been identified as a relevant provider of probation services for the purposes of section 325 of the Criminal Justice Act 2003 by arrangements under section 3 of the Offender Management Act 2007,

(iii)the Minister of the Crown exercising functions in relation to prisons (and for this purpose “prison” has the same meaning as in the Prison Act 1952), and

(iv)each body mentioned in section 325(6) of the Criminal Justice Act 2003, but as if the references in that subsection to the relevant area were references to the police area concerned;

(b)“risk of sexual harm” means a risk of physical or psychological harm to the public in the United Kingdom or any particular members of the public caused by the qualifying relevant offender committing one or more of the offences listed in Schedule 3.

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Amendments (Textual)

91CReview of indefinite notification requirements: determination of application for reviewE.W.

(1)The relevant chief officer of police must, within 6 weeks of the latest date on which any body to which a notification has been given under section 91B(8)(b) may give information under section 91B(9)—

(a)determine the application for review, and

(b)give notice of the determination to the qualifying relevant offender.

(2)For the purposes of the determination of an application for review under this section, a qualifying relevant offender must satisfy the relevant chief officer of police that it is not necessary for the purpose of protecting the public or any particular members of the public from sexual harm for the qualifying relevant offender to remain subject to the indefinite notification requirements.

(3)If the relevant chief officer of police determines under this section that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of the determination must—

(a)contain a statement of reasons for the determination, and

(b)inform the qualifying relevant offender that he may appeal the determination in accordance with section 91E.

(4)If the relevant chief officer of police determines under this section that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.

(5)The Secretary of State may by order amend the period in subsection (1).

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Amendments (Textual)

91DReview of indefinite notification requirements: factors applying to determination under section 91CE.W.

(1)In determining an application for review under section 91C, the relevant chief officer of police must—

(a)have regard to information (if any) received from a responsible body;

(b)consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender; and

(c)take into account the matters listed in subsection (2).

(2)The matters are—

(a)the seriousness of the offence in relation to which the qualifying relevant offender became subject to the indefinite notification requirements;

(b)the period of time which has elapsed since the qualifying relevant offender committed the offence (or other offences);

(c)where the qualifying relevant offender falls within section 81(1), whether the qualifying relevant offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d)whether the qualifying relevant offender has committed any offence under section 91;

(e)the age of the qualifying relevant offender at the qualifying date or further qualifying date;

(f)the age of the qualifying relevant offender at the time the offence referred to in paragraph (a) was committed;

(g)the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the qualifying relevant offender at the time the offence was committed;

(h)any assessment of the risk posed by the qualifying relevant offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;

(i)any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;

(j)any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the qualifying relevant offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);

(k)any caution which the qualifying relevant offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;

(l)any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the qualifying relevant offender for any offence listed in Schedule 5 where the behaviour of the qualifying relevant offender since the date of such conviction or finding indicates a risk of sexual harm;

(m)any other submission or evidence of the risk of sexual harm posed by the qualifying relevant offender;

(n)any evidence presented by or on behalf of the qualifying relevant offender which demonstrates that the qualifying relevant offender does not pose a risk of sexual harm; and

(o)any other matter which the relevant chief officer of police considers to be appropriate.

(3)In this section, a reference to a conviction, finding or caution for an offence committed in a country outside the United Kingdom means a conviction, finding or caution for an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence listed in Schedule 3 or Schedule 5 if it had been done in any part of the United Kingdom.

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Amendments (Textual)

91EReview of indefinite notification requirements: appealsE.W.

(1)A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91C.

(2)An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.

(3)A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.

(4)If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.

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Amendments (Textual)

91FReview of indefinite notification requirements: guidanceE.W.

(1)The Secretary of State must issue guidance to relevant chief officers of police in relation to the determination by them of applications made under section 91B.

(2)The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3)The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.]

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Amendments (Textual)

92Certificates for purposes of Part 2E+W+S+N.I.

(1)Subsection (2) applies where on any date a person is—

(a)convicted of an offence listed in Schedule 3;

(b)found not guilty of such an offence by reason of insanity; or

(c)found to be under a disability and to have done the act charged against him in respect of such an offence.

(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 he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and

(ii)that the offence in question is an offence listed in Schedule 3, and

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

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

(3)Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.

(4)If the constable—

(a)informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and

(b)certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

93[F48Abolished homosexual offences][F48Acts which are no longer offences]E+W+N.I.

Schedule 4 (procedure for ending notification requirements for [F49abolished homosexual offences] [F49acts which are no longer offences]) has effect.

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Amendments (Textual)

F48S. 93 heading substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(2)(a), 15(1)

F49Words in s. 93 substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(2)(b), 15(1)

Information for verificationE+W+S+N.I.

94Part 2: supply of information to Secretary of State etc. for verificationE+W+S+N.I.

(1)This section applies to information notified to the police under—

(a)section 83, 84 or 85, or

(b)section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).

(2)A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a)the Secretary of State,

F50(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a Northern Ireland Department, or

(c)a person providing services to the Secretary of State F51... or a Northern Ireland Department in connection with a relevant function,

for use for the purpose of verifying the information.

(3)The persons are—

(a)a chief officer of police (in Scotland, [F52the chief constable of the Police Service of Scotland]),

[F53(b)the Director General of the National Crime Agency.]

(4)In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—

(a)checking its accuracy by comparing it with information held—

(i)where the person is the Secretary of State F54... or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or

(ii)where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and

(b)compiling a report of that comparison.

(5)Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).

(6)This section does not authorise the doing of anything that contravenes the Data Protection Act 1998 (c. 29).

(7)This section does not affect any power existing apart from this section to supply information.

(8)In this section—

  • Northern Ireland Department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;

  • relevant function” means—

    (a)

    a function relating to social security, child support, employment or training,

    (aa)

    F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (b)

    a function relating to passports,

    (c)

    a function under Part 3 of the Road Traffic Act 1988 (c. 52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

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Amendments (Textual)

F53S. 94(3)(b) substituted for s. 94(3)(b)(c) (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 154; S.I. 2013/1682, art. 3(v)

95Part 2: supply of information by Secretary of State etc.E+W+S+N.I.

(1)A report compiled under section 94 may be supplied by—

(a)the Secretary of State,

F56(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a Northern Ireland Department, or

(c)a person within section 94(2)(c),

to a person within subsection (2).

(2)The persons are—

(a)a chief officer of police (in Scotland, [F57the chief constable of the Police Service of Scotland]),

[F58(b)the Serious Organised Crime Agency.]

(3)Such a report may contain any information held—

(a)by the Secretary of State F59... or a Northern Ireland Department in connection with the exercise of a relevant function, or

(b)by a person within section 94(2)(c) in connection with the provision of services referred to there.

(4)Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—

(a)may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and

(b)may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(5)Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94.

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Amendments (Textual)

Information about release or transferE+W+S+N.I.

96Information about release or transferE+W+S+N.I.

(1)This section applies to a relevant offender who is serving a sentence of imprisonment or a term of service detention, or is detained in a hospital.

(2)The Secretary of State 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.

[F60(2A)The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide—

(a)any information about the offender, or

(b)a photograph of any part of the offender.

(2B)In subsection (2A), “photograph” is to be construed in accordance with section 88(2).]

(3)The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender.

(4)F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F62Offences committed in a country outside the United KingdomN.I.

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Amendments (Textual)

96AOffences committed in a country outside the United KingdomN.I.

(1)This section applies to a person (“P”) if the following 3 conditions are met with respect to P.

(2)The first condition is that under the law in force in a country outside the United Kingdom—

(a)P has been convicted of a relevant offence (whether or not P 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 P 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 P is under a disability and did the act charged against P in respect of the offence, or

(d)P 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 1st September 1997,

(b)the first condition is met because of a conviction or finding which occurred before that date, but P 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 P 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 section 81(3) (read with sections 81(6) and 131).

(4)The third condition is that the period set out in section 82 (as modified by subsections (6) and (7) below) in respect of the relevant offence has not expired.

(5)Where this section applies to P, P is subject to the notification requirements of this Part for the notification period set out in section 82; but the application of this Part to P in respect of the conviction, finding or caution is subject—

(a)in all cases, to the modifications set out below; and

(b)in a case where the first condition mentioned in subsection (2) is met by reason of a conviction, finding or caution in a country which is not a member of the Council of Europe, to the further provisions in section 96AA.

(6)The “relevant date” means—

(a)in the case where P is within subsection (2)(a), the date of the conviction;

(b)in the case where P is within subsection (2)(b) or (c), the date of the finding;

(c)in the case where P is within subsection (2)(d), the date of the caution.

(7)In section 82—

(a)references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P;

(b)the reference in the Table to section 80(1)(d) is to be read as a reference to subsection (2)(d);

(c)references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which this section applies to P;

(d)the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.

(8)In sections 83 and 85 references to the commencement of this Part are to be read as references to the commencement of section 4 of the Criminal Justice Act (Northern Ireland) 2013.

(9)Section 83 has effect as if after subsection (1) there were inserted—

(1A)In the case of a person who is not ordinarily resident in Northern Ireland, in calculating the period of 3 days mentioned in subsection (1) there is to be disregarded a period of 7 days (or two or more periods in any period of 12 months taken together which amount to 7 days) after that person's entry into Northern Ireland..

(10)Section 83(4) has effect as if—

(a)for the words “Where a notification order is made” there were substituted “ Where a relevant offender is subject to the notification requirements of this Part by virtue of section 96A ”; and

(b)in paragraph (a) for the words “the order was made” there were substituted “ he became a person to whom section 96A applies ”.

(11)In this section “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom;

and for the purposes of this subsection an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.

96AAConvictions, etc. in a country which is not a member of the Council of EuropeN.I.

(1)The further provisions referred to in section 96A(5)(b) are as follows.

(2)Where P is charged with an offence under section 91(1)(a), it is a defence for P to prove that the relevant conviction, finding or caution falls within subsection (4).

(3)P shall cease to be subject to the notification requirements of this Part by virtue of section 96A if the High Court, on an application made by P in accordance with rules of court, so orders; but the High Court shall not make such an order unless it is satisfied that the relevant conviction, finding or caution falls within subsection (4).

(4)A conviction, finding or caution falls within this subsection if the relevant court is satisfied—

(a)that any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights which P would have had if those investigations or proceedings had taken place in the United Kingdom; and

(b)that contravention was such that, in the opinion of the court, the conviction, finding or caution cannot safely be relied on for the purposes of meeting the condition in section 96A(2).

(5)In this section—

  • the relevant conviction, finding or caution” means the conviction, finding or caution by reason of which P is subject, by virtue of section 96A, to the notification requirements of this Part;

  • the relevant court” means—

    (a)

    in a case to which subsection (2) applies, the court before which P is charged;

    (b)

    in a case to which subsection (3) applies, the High Court.]

[F63Entry and examination of home addressS

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Amendments (Textual)

96APolice powers of entry to and examination of relevant offender's home addressS

(1)A sheriff may, if satisfied on the application of a senior police officer F64... as to the matters mentioned in subsection (2), grant a warrant authorising any constable of the [F65Police Service of Scotland] to enter premises in the sheriffdom (if necessary using reasonable force) and to examine and search them, and the things in them, for the purpose mentioned in subsection (3).

(2)Those matters are—

(a)that the premises are either—

(i)premises whose address has been notified by a relevant offender as his home address in his most recent notification of a home address under this Part; or

(ii)premises whose address has been notified by a relevant offender as the address of any other premises at which he regularly resides or stays, in his most recent notification under section 83(1) or 85(1) or in any notification under section 84(1) given by him since that notification;

(b)that the offender is not one to whom subsection (4) applies;

(c)that it would assist the carrying out of the purpose mentioned in subsection (3), for a constable of the relevant force to examine and search the premises and the things in them; and

(d)that on more than one occasion, a constable of the [F66Police Service of Scotland] has attempted to examine and search the premises and the things in them for the purpose mentioned in subsection (3) and has been unable (whether by not being able to search and examine the premises and the things in them, or by not being able to obtain entry to the premises) to do so.

(3)That purpose is assessing the risk of the offender committing a sexual offence.

(4)This subsection applies 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 a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(5)A sheriff is to determine an application for a warrant under subsection (1) without hearing from the relevant offender or any other person who has an interest in the premises.

(6)A warrant under subsection (1) does not confer power to seize anything in the premises to which it relates.

(7)A warrant under subsection (1) must be executed at a reasonable hour.

(8)A warrant under subsection (1) continues in force until the expiry of the period of one month beginning with the date of the warrant's grant.

(9)A warrant under subsection (1) authorises entry on one occasion only.

(10)This section does not prejudice any other power of entry, examination, search or seizure.

(11)In this section—

  • F67...

  • senior police officer” means a constable [F68of the Police Service of Scotland] of the rank of superintendent or above; and

  • sexual offence” means—

    (a)

    an offence within any of paragraphs 36 to 59C of Schedule 3; or

    (b)

    any other offence in circumstances in which it would be likely that a determination such as is mentioned in paragraph 60 of that Schedule would be made in relation to the offence.]

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Amendments (Textual)

Modifications etc. (not altering text)

[F69Entry and search of home addressE+W+N.I.

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Amendments (Textual)

F69S. 96B and cross-heading inserted (E.W.N.I.) (31.5.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 58(1), 66(2); S.I. 2007/858, art. 3(f)

96BPower of entry and search of relevant offender's home addressE+W+N.I.

(1)If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force—

(a)to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and

(b)to search the premises for that purpose.

(2)The requirements are—

(a)that the address of each set of premises specified in the application is an address falling within subsection (3);

(b)that the relevant offender is not one to whom subsection (4) applies;

(c)that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and

(d)that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.

(3)An address falls within this subsection if—

(a)it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or

(b)there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.

(4)This subsection applies to a relevant offender if he is—

(a)remanded in or committed to custody by order of a court;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(5)A warrant issued under this section must specify the one or more sets of premises to which it relates.

(6)The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

(7)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

(8)Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

(9)In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender—

(a)who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or

(b)in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.

(10)In this section—

  • the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;

  • senior police officer” means a constable of the rank of superintendent or above.]

Notification ordersE+W+S+N.I.

[F7097Notification orders: applications and groundsE+W+S+N.I.

(1)A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for an order under this section (a “notification order”) in respect of a person (“the defendant”) if—

(a)it appears to him that the following three conditions are met with respect to the defendant, and

(b)the defendant resides in his police area or the chief officer believes that the defendant is in, or is intending to come to, his police area.

(2)The first condition is that under the law in force in a country outside the United Kingdom—

(a)he 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 he 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 he is under a disability and did the act charged against him in respect of the offence, or

(d)he 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 1st September 1997,

(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 section 81(3) (read with sections 81(6) and 131).

(4)The third condition is that the period set out in section 82 (as modified by subsections (2) and (3) of section 98) in respect of the relevant offence has not expired.

(5)If on the application it is proved that the conditions in subsections (2) to (4) are met, the court must make a notification order.

(6)In this section and section 98, “relevant offence” has the meaning given by section 99.]

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Amendments (Textual)

[F7098Notification orders: effectE+W+S+N.I.

(1)Where a notification order is made—

(a)the application of this Part to the defendant in respect of the conviction, finding or caution to which the order relates is subject to the modifications set out below, and

(b)subject to those modifications, the defendant becomes or (as the case may be) remains subject to the notification requirements of this Part for the notification period set out in section 82.

(2)The “relevant date” means—

(a)in the case of a person within section 97(2)(a), the date of the conviction;

(b)in the case of a person within section 97(2)(b) or (c), the date of the finding;

(c)in the case of a person within section 97(2)(d), the date of the caution.

(3)In section 82—

(a)references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to the defendant;

(b)the reference in the Table to section 80(1)(d) is to be read as a reference to section 97(2)(d);

(c)references to an order of any description are to be read 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;

(d)the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.

(4)In sections 83 and 85, references to the commencement of this Part are to be read as references to the date of service of the notification order.]

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Amendments (Textual)

[F7099Sections 97 and 98: relevant offencesE+W+S+N.I.

(1)Relevant offence” in sections 97 and 98 means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.

(2)An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) however it is described in that law.

(3)Subject to subsection (4), on an application for a notification order the condition in subsection (1)(b) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(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 subsection (3).]

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Amendments (Textual)

[F70100Interim notification ordersE+W+S+N.I.

(1)This section applies where an application for a notification order (“the main application”) has not been determined.

(2)An application for an order under this section (“an interim notification order”)—

(a)may be made in the complaint containing the main application, or

(b)if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3)The court may, if it considers it just to do so, make an interim notification order.

(4)Such an order—

(a)has effect only for a fixed period, specified in the order;

(b)ceases to have effect, if it has not already done so, on the determination of the main application.

(5)While such an order has effect—

(a)the defendant is subject to the notification requirements of this Part;

(b)this Part applies to the defendant, subject to the modification set out in subsection (6).

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

(7)The applicant or the defendant may by complaint apply to the court that made the interim notification order for the order to be varied, renewed or discharged.]

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Amendments (Textual)

[F70101Notification orders and interim notification orders: appealsE+W+S+N.I.

A defendant may appeal to the Crown Court against the making of a notification order or interim notification order.]

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Amendments (Textual)

102Appeals in relation to notification orders and interim notification orders: ScotlandE+W+S+N.I.

In Scotland—

(a)an interlocutor granting or refusing a notification order or interim notification order is an appealable interlocutor; and

(b)where an appeal is taken against an interlocutor so granting such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.

103Sections 97 to 100: ScotlandE+W+S+N.I.

(1)Sections 97 to 100 apply to Scotland with the following modifications—

(a)references to a chief officer of police and to his police area are to be read, respectively, as references to [F71the chief constable of the Police Service of Scotland and to Scotland];

(b)references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;

(c)an application for a notification order or interim notification order is made by summary application to any sheriff F72... (references to “the court” being construed accordingly).

(2)A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.

(3)The clerk of the court by which, by virtue of that subsection, a notification order or interim notification order is made, varied, renewed or discharged shall cause a copy of, as the case may be—

(a)the order as so made, varied or renewed; or

(b)the interlocutor by which discharge is effected,

to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate).

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Amendments (Textual)

[F73Sexual harm prevention orders (England and Wales)E+W

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Amendments (Textual)

103ASexual harm prevention orders: applications and groundsE+W

(1)A court may make an order under this section (a “sexual harm prevention order”) in respect of a person (“the defendant”) where subsection (2) or (3) applies to the defendant.

(2)This subsection applies to the defendant where—

(a)the court deals with the defendant in respect of—

(i)an offence listed in Schedule 3 or 5, or

(ii)a finding that the defendant is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or

(iii)a finding that the defendant is under a disability and has done the act charged against the defendant in respect of an offence listed in Schedule 3 or 5,

and

(b)the court is satisfied that it is necessary to make a sexual harm prevention order, for the purpose of—

(i)protecting the public or any particular members of the public from sexual harm from the defendant, or

(ii)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(3)This subsection applies to the defendant where—

(a)an application under subsection (4) has been made in respect of the defendant and it is proved on the application that the defendant is a qualifying offender, and

(b)the court is satisfied that the defendant's behaviour since the appropriate date makes it necessary to make a sexual harm prevention order, for the purpose of—

(i)protecting the public or any particular members of the public from sexual harm from the defendant, or

(ii)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(4)A chief officer of police or the Director General of the National Crime Agency (“the Director General”) may by complaint to a magistrates' court apply for a sexual harm prevention order in respect of a person if it appears to the chief officer or the Director General that—

(a)the person is a qualifying offender, and

(b)the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(5)A chief officer of police may make an application under subsection (4) only in respect of a person—

(a)who resides in the chief officer's police area, or

(b)who the chief officer believes is in that area or is intending to come to it.

(6)An application under subsection (4) may be made to any magistrates' court acting for a local justice area that includes—

(a)any part of a relevant police area, or

(b)any place where it is alleged that the person acted in a way mentioned in subsection (4)(b).

(7)The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (4).

(8)Where the defendant is a child, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 103K(1)).

(9)In this section “relevant police area” means—

(a)where the applicant is a chief officer of police, the officer's police area;

(b)where the applicant is the Director General—

(i)the police area where the person in question resides, or

(ii)a police area which the Director General believes the person is in or is intending to come to.

103BSection 103A: supplementalE+W

(1)In section 103A—

  • appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which the offender was convicted, found or cautioned as mentioned in subsection (2) or (3) below;

  • child” means a person under 18;

  • the public” means the public in the United Kingdom;

  • “sexual harm” from a person means physical or psychological harm caused—

    (a)

    by the person committing one or more offences listed in Schedule 3, or

    (b)

    (in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;

  • qualifying offender” means a person within subsection (2) or (3) below;

  • vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.

(2)A person is within this subsection if, whether before or after the commencement of this Part, the person—

(a)has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d)has been cautioned in respect of such an offence.

(3)A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a)the person has been convicted of a relevant offence (whether or not the person 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 person 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 person is under a disability and did the act charged against the person in respect of the offence, or

(d)the person has been cautioned in respect of a relevant offence.

(4)In subsection (3), “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.

For this purpose an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law, however it is described in that law.

(5)For the purposes of section 103A, acts, behaviour, convictions and findings include those occurring before the commencement of this Part.

(6)Subject to subsection (7), on an application under section 103A(4) the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a)stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,

(b)showing the grounds for that opinion, and

(c)requiring the applicant to prove that the condition is met.

(7)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 subsection (6).

(8)Subsection (9) applies for the purposes of section 103A and this section.

(9)In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—

(a)to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or

(b)to the age of any person,

is to be disregarded.

103CSHPOs: effectE+W

(1)A sexual harm prevention order prohibits the defendant from doing anything described in the order.

(2)Subject to section 103D(1), a prohibition contained in a sexual harm prevention order has effect—

(a)for a fixed period, specified in the order, of at least 5 years, or

(b)until further order.

(3)A sexual harm prevention order—

(a)may specify that some of its prohibitions have effect until further order and some for a fixed period;

(b)may specify different periods for different prohibitions.

(4)The only prohibitions that may be included in a sexual harm prevention order are those necessary for the purpose of—

(a)protecting the public or any particular members of the public from sexual harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(5)In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).

(6)Where a court makes a sexual harm prevention order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

103DSHPOs: prohibitions on foreign travelE+W

(1)A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.

(2)A “prohibition on foreign travel” means—

(a)a prohibition on travelling to any country outside the United Kingdom named or described in the order,

(b)a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c)a prohibition on travelling to any country outside the United Kingdom.

(3)Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 103E.

(4)A sexual harm prevention order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—

(a)on or before the date when the prohibition takes effect, or

(b)within a period specified in the order.

(5)Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual harm prevention order containing a prohibition within subsection (2)(c) (unless the person is subject to an equivalent prohibition under another order).

(6)Subsection (5) does not apply in relation to—

(a)a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b)a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(7)In this section “passport” means—

(a)a United Kingdom passport within the meaning of the Immigration Act 1971;

(b)a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c)a document that can be used (in some or all circumstances) instead of a passport.

103ESHPOs: variations, renewals and dischargesE+W

(1)A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order.

(2)The persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant resides;

(c)a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;

(d)where the order was made on an application by a chief officer of police under section 103A(4), that officer.

(3)An application under subsection (1) may be made—

(a)where the appropriate court is the Crown Court, in accordance with rules of court;

(b)in any other case, by complaint.

(4)Subject to subsections (5) and (7), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual harm prevention order, that the court considers appropriate.

(5)An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of—

(a)protecting the public or any particular members of the public from sexual harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

Any renewed or varied order may contain only such prohibitions as are necessary for this purpose.

(6)In subsection (5) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).

(7)The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—

(a)where the application is made by a chief officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in which the defendant resides.

(8)Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions.

(9)In this section “the appropriate court” means—

(a)where the Crown Court or the Court of Appeal made the sexual harm prevention order, the Crown Court;

(b)where an adult magistrates' court made the order, that court, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;

(c)where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;

(d)where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.

In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.

103FInterim SHPOsE+W

(1)This section applies where an application under section 103A(4) (“the main application”) has not been determined.

(2)An application for an order under this section (“an interim sexual harm prevention order”)—

(a)may be made by the complaint by which the main application is made, or

(b)if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3)The court may, if it considers it just to do so, make an interim sexual harm prevention order, prohibiting the defendant from doing anything described in the order.

(4)Such an order—

(a)has effect only for a fixed period, specified in the order;

(b)ceases to have effect, if it has not already done so, on the determination of the main application.

(5)The applicant or the defendant may by complaint apply to the court that made the interim sexual harm prevention order for the order to be varied, renewed or discharged.

103GSHPOs and interim SHPOs: notification requirementsE+W

(1)Where—

(a)a sexual harm prevention order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and

(b)the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(2)Where a sexual harm prevention order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—

(a)the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and

(b)this Part applies to the defendant, subject to the modification set out in subsection (3).

(3)The “relevant date” is the date of service of the order.

(4)Subsections (1) to (3) apply to an interim sexual harm prevention order as if references to a sexual harm prevention order were references to an interim sexual harm prevention order, and with the omission of “(as renewed from time to time)” in both places.

(5)Where—

(a)a sexual harm prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A), and

(b)by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,

the sexual harm prevention order ceases to have effect.

(6)On an application for a sexual harm prevention order made by a chief officer of police, the court must make a notification order in respect of the defendant (either in addition to or instead of a sexual harm prevention order) if—

(a)the applicant invites the court to do so, and

(b)it is proved that the conditions in section 97(2) to (4) are met.

(7)On an application for an interim sexual harm prevention order made by a chief officer of police, the court may, if it considers it just to do so, make an interim notification order (either in addition to or instead of an interim sexual harm prevention order).

103HSHPOs and interim SHPOs: appealsE+W

(1)A defendant may appeal against the making of a sexual harm prevention order—

(a)where the order was made by virtue of section 103A(2)(a)(i), as if the order were a sentence passed on the defendant for the offence;

(b)where the order was made by virtue of section 103A(2)(a)(ii) or (iii), as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence;

(c)where the order was made on an application under section 103A(4), to the Crown Court.

(2)A defendant may appeal to the Crown Court against the making of an interim sexual harm prevention order.

(3)A defendant may appeal against the making of an order under section 103E, or the refusal to make such an order—

(a)where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b)in any other case, to the Crown Court.

(4)On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(5)Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 103E(9) or 103F(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).

103IOffence: breach of SHPO or interim SHPO etcE+W

(1)A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

(a)a sexual harm prevention order,

(b)an interim sexual harm prevention order,

(c)a sexual offences prevention order,

(d)an interim sexual offences prevention order, or

(e)a foreign travel order,

commits an offence.

(2)A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 103D(4).

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(4)Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

103JSHPOs and interim SHPOs: guidanceE+W

(1)The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency in relation to the exercise by them of their powers with regard to sexual harm prevention orders and interim sexual harm prevention orders.

(2)The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3)The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.

103KSHPOs and interim SHPOs: supplementaryE+W

(1)Rules of court—

(a)may provide for a youth court to give permission for an application under section 103A(4) against a person aged 18 or over to be made to the youth court if—

(i)an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and

(ii)the youth court thinks that it would be in the interests of justice for the applications to be heard together;

(b)may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 103A, 103E, 103F or 103G(6) or (7) have begun—

(i)prescribe circumstances in which the proceedings may or must remain in the youth court;

(ii)make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 103F with modifications).

(2)A person's age is treated for the purposes of sections 103A to 103J and this section as being that which it appears to the court to be after considering any available evidence.]

[F74Sexual offences prevention orders [F75(Scotland and Northern Ireland)]S+N.I.

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Amendments (Textual)

104Sexual offences prevention orders: applications and groundsS+N.I.

(1)A court may make an order under this section in respect of a person (“the defendant”) where any of subsections (2) to (4) applies to the defendant and—

(a)where subsection (4) applies, it is satisfied that the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant;

(b)in any other case, it is satisfied that it is necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.

(2)This subsection applies to the defendant where the court deals with him in respect of an offence listed in Schedule 3 or 5.

(3)This subsection applies to the defendant where the court deals with him in respect of a finding—

(a)that he is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or

(b)that he is under a disability and has done the act charged against him in respect of such an offence.

(4)This subsection applies to the defendant where—

(a)an application under subsection (5) has been made to the court in respect of him, and

(b)on the application, it is proved that he is a qualifying offender.

(5)A chief officer of police may by complaint to a magistrates' court apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area if it appears to the chief officer that—

(a)the person is a qualifying offender, and

(b)the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(6)An application under subsection (5) may be made to any magistrates' court whose commission area includes—

(a)any part of the applicant’s police area, or

(b)any place where it is alleged that the person acted in a way mentioned in subsection (5)(b).

105SOPOs: further provision as respects ScotlandS+N.I.

(1)[F76A chief constable] [F76The chief constable of the Police Service of Scotland] may apply for an order under this section in respect of a person who he believes is in, or is intending to come to, [F77the area of his police force] [F77Scotland] if it appears to the chief constable that—

(a)the person has been convicted of, found not guilty by reason of insanity of or found to be under a disability and to have done the act charged against him in respect of—

(i)an offence listed in paragraph 60 of Schedule 3; or

(ii)before the commencement of this Part, an offence in Scotland other than is mentioned in paragraphs 36 to 59 of that Schedule if the chief constable considers that had the conviction or finding been after such commencement it is likely that a determination such as is mentioned in paragraph 60 would have been made in relation to the offence; and

(b)the person has since the conviction or finding acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(2)An application under subsection (1) may be made by summary application to a sheriff

[F78(aa)within whose sheriffdom the person in respect of whom the order is sought resides;

(ab)within whose sheriffdom the person is believed by the applicant to be;

(ac)to whose sheriffdom the person is believed by the applicant to be intending to come;]

(b)[F79Within whose sheriffdom lies] any place where it is alleged that the person acted in a way mentioned in subsection (1)(b).

(3)The sheriff may make the order where satisfied—

(a)that the person’s behaviour since the conviction or finding makes it necessary to make such an order, for the purposes of protecting the public or any particular members of the public from serious sexual harm from the person; and

(b)where the application is by virtue of subsection (1)(a)(ii), that there was a significant sexual aspect to the person’s behaviour in committing the offence.

(4)Subsection (3) of section 106 applies for the purposes of this section as it applies for the purposes of section 104 and subsections (2) and (3) of section 112 apply in relation to a summary application made by virtue of subsection (1) as they apply in relation to one made by virtue of subsection [F80(1)(e)] of that section.

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Amendments (Textual)

F78Words in s. 105(2) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(1)(a)(i), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F79Words in s. 105(2)(b) inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(1)(a)(ii), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F80Words in s. 105(4) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(1)(b), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

106Section 104: supplementalS+N.I.

(1)In this Part, “sexual offences prevention order” means an order under section 104 or 105.

(2)Subsections (3) to (8) apply for the purposes of section 104.

(3)Protecting the public or any particular members of the public from serious sexual harm from the defendant” means protecting the public in the United Kingdom or any particular members of that public from serious physical or psychological harm, caused by the defendant committing one or more offences listed in Schedule 3.

(4)Acts, behaviour, convictions and findings include those occurring before the commencement of this Part.

(5)Qualifying offender” means a person within subsection (6) or (7).

(6)A person is within this subsection if, whether before or after the commencement of this Part, he—

(a)has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d)in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.

(7)A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a)he 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 he 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 he is under a disability and did the act charged against him in respect of the offence, or

(d)he has been cautioned in respect of a relevant offence.

(8)Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (6) or (7).

(9)In subsection (7), “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.

(10)An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (9), however it is described in that law.

(11)Subject to subsection (12), on an application under section 104(5) the condition in subsection (9)(b) (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(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.

(12)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 subsection (11).

[F81(13)Subsection (14) applies for the purposes of section 104 and this section [F82in their application in relation to England and Wales or Northern Ireland].

(14)In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—

(a)to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or

(b)to the age of any person,

is to be disregarded.]

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Amendments (Textual)

F81S. 106(13)(14) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 141(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 44 (subject to Sch. 2)

107SOPOs: effectS+N.I.

(1)A sexual offences prevention order—

(a)prohibits the defendant from doing anything described in the order [F83or requires the defendant to do anything described in the order (or both)], and

(b)has effect for a fixed period (not less than 5 years) specified in the order or until further order.

(2)The only prohibitions [F84or requirements] that may be included in the order are those necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.

(3)Where—

(a)an order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and

(b)the defendant would (apart from this subsection [F85and sections 88F and 88G]) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

[F86(3A)Where—

(a)a sexual offences prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A); and

(b)by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,

the sexual offences prevention order ceases to have effect.

(3B)Subsection (3A) applies to the orders mentioned in section 108(8)(b) and (c) as it applies to sexual offences prevention orders.]

(4)Where an order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—

(a)the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and

(b)this Part applies to the defendant, subject to the modification set out in subsection (5).

(5)The “relevant date” is the date of service of the order.

(6)Where a court makes a sexual offences prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

(7)Section 106(3) applies for the purposes of this section and section 108.

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Amendments (Textual)

108SOPOs: variations, renewals and dischargesS+N.I.

(1)A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual offences prevention order.

(2)The persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant resides;

(c)a chief officer of police who believes that the defendant is in, or is intending to come to, his police area;

(d)where the order was made on an application under section 104(5), the chief officer of police who made the application.

(3)An application under subsection (1) may be made—

(a)where the appropriate court is the Crown Court, in accordance with rules of court;

(b)in any other case, by complaint.

(4)Subject to subsections (5) and (6), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual offences prevention order, that the court considers appropriate.

(5)An order may be renewed, or varied so as to impose additional prohibitions [F87or requirements] on the defendant, only if it is necessary to do so for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant (and any renewed or varied order may contain only such prohibitions [F87or requirements] as are necessary for this purpose).

(6)The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—

(a)where the application is made by a chief officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in which the defendant resides.

(7)In this section “the appropriate court” means—

(a)where the Crown Court or the Court of Appeal made the sexual offences prevention order, the Crown Court;

(b)where a magistrates' court made the order, that court, a magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer’s police area;

(c)where a youth court made the order, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court whose commission area includes any part of the chief officer’s police area.

(8)This section applies to orders under—

(a)section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders),

(b)section F88... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in F88... Scotland), and

(c)Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland),

as it applies to sexual offences prevention orders.

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Amendments (Textual)

109Interim SOPOsS+N.I.

(1)This section applies where an application under section 104(5) or 105(1) (“the main application”) has not been determined.

(2)An application for an order under this section (“an interim sexual offences prevention order”)—

(a)may be made by the complaint by which the main application is made, or

(b)if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3)The court may, if it considers it just to do so, make an interim sexual offences prevention order, prohibiting the defendant from doing anything described in the order [F89or requiring the defendant to do anything described in the order (or both)].

(4)Such an order—

(a)has effect only for a fixed period, specified in the order;

(b)ceases to have effect, if it has not already done so, on the determination of the main application.

(5)[F90Section [F91107(3)] [F91107(2)]] [F90Section 107(2)] to (5) apply to an interim sexual offences prevention order as if references to an order were references to such an order, and with the omission of “as renewed from time to time” in both places.

(6)The applicant or the defendant may by complaint apply to the court that made the interim sexual offences prevention order for the order to be varied, renewed or discharged.

(7)Subsection (6) applies to orders under—

(a)section F92... 20(4)(a) of the Crime and Disorder Act 1998 (c. 37) (interim orders made in F92... Scotland), and

(b)Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (interim orders made in Northern Ireland),

as it applies to interim sexual offences prevention orders.

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Amendments (Textual)

110[F93Appeals in relation to SOPOs and interim SOPOs: Northern Ireland]N.I.

(1)A defendant may appeal against the making of a sexual offences prevention order—

(a)where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;

(b)where section 104(3) (but not section 104(2)) applied to him, as if he had been convicted of the offence and the order were a sentence passed on him for that offence;

(c)where the order was made on an application under section 104(5), to [F94a county court].

(2)A defendant may appeal to [F95a county court] against the making of an interim sexual offences prevention order.

(3)A defendant may appeal against the making of an order under section 108, or the refusal to make such an order—

(a)where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b)in any other case, to [F96a county court].

(4)On an appeal under subsection (1)(c), (2) or (3)(b), [F97the county court] may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

[F98(5)Any order made by a county court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 108(7) or 109(6) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).]

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Amendments (Textual)

111Appeals in relation to SOPOs and interim SOPOs: ScotlandS+N.I.

In Scotland—

(a)an interlocutor granting, F99. . . a sexual offences prevention order [F100on an application under section 104(5) or 105(1)] or interim sexual offences prevention order [F101or refusing, varying, renewing or discharging either such order] is an appealable interlocutor; F102. . .

(b)where an appeal is taken against an interlocutor so granting, varying or renewing such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.

[F103(c)a sexual offences prevention order made in any other case and any order granting or refusing a variation, renewal or discharge of such a sexual offences prevention order are, for the purposes of appeal, to be regarded—

(i)in the case of solemn proceedings, as if they were orders of the kind referred to in [F104section 106(1)(dza) of the Criminal Procedure (Scotland) Act 1995 (c.46) (appeal against community payback order)];

(ii)in the case of summary proceedings, as if they were orders of the kind referred to in [F105section 175(2)(cza) of that Act (appeal against community payback order)]; and

(d)where an appeal is taken by virtue of paragraph (c) above, the [F106court hearing the appeal] may, in the appeal proceedings, suspend the order appealed against pending the disposal of the appeal.]

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Amendments (Textual)

[F107111ASOPO and interim SOPO requirements: ScotlandS

(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.]

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Amendments (Textual)

112Sections 104 and 106 to 109: ScotlandS+N.I.

(1)Sections 104 and 106 to 109 apply to Scotland with the following modifications—

F108[F109(aa)the references in subsection (2) and (3)(a) of section 104 to an offence listed in Schedule 3 or 5 shall be read as references to an offence listed at paragraphs 36 to 60 of Schedule 3;]

(b)an application under subsection (5) of section 104 shall not be competent in respect of a person who is a qualifying offender by virtue only of a conviction or finding which relates to any offence listed at paragraphs 64 to 111 of Schedule 5;

(c)references to a chief officer of police and to his police area are to be read, respectively, as references to [F110the chief constable of the Police Service of Scotland and to Scotland];

(d)references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;

[F111(da)a court may make an order under section 104(1)—

(i)at its own instance, or

(ii)on the motion of the prosecutor;]

(e)an application for a sexual offences prevention order F112. . . is made by summary application to any sheriff

[F113(ia)within whose sheriffdom the person in respect of whom the order is sought resides;

(ib)within whose sheriffdom that person is believed by the applicant to be;

(ic)to whose sheriffdom that person is believed by the applicant to be intending to come;]

(ii)[F114within whose sheriffdom lies] any place where it is alleged that [F115that person] acted in a way mentioned in subsection (5)(b) of section 104,

([F116and, in relation to such an order, references to a court or the court shall be] construed accordingly);

[F117(ea)an application for an interim sexual offences prevention order—

(i)is made by way of the main application; or

(ii)if the main application has been made, is made, by application to a sheriff for the sheriffdom of the sheriff to whom the main application was made, by the person who made that application,

(and, in relation to such an order, references to a court or the court shall be construed accordingly),]

(f)an application for the variation, renewal or discharge of [F118a sexual offences prevention order which was made on an application under section 104(5) or 105(1) or an interim sexual offences prevention order] is made by summary application to the sheriff who made the order or to a sheriff—

(i)within whose sheriffdom the person subject to the order resides; F119. . .

[F120(iia)within whose sheriffdom that person is believed by the applicant to be; or

(iib)to whose sheriffdom that person is believed by the applicant to be intending to come,]

([F121and, in relation to an application made by virtue of this paragraph, references to a court or the court shall be] construed accordingly).

[F122(g)an application for the variation, renewal or discharge of a sexual offences prevention order which was made where subsection (2) or (3) of section 104 applies may be made only by the person in respect of whom the order has effect or the prosecutor;

(h)such an application is made—

(i)where the sexual offences prevention order sought to be varied, renewed or discharged was made by the High Court of Justiciary, to that court;

(ii)where that order was made by the sheriff, to the appropriate sheriff.]

[F123(1A)In subsection (1)(h)(ii), the “appropriate sheriff” is—

(a)in a case where the person in respect of whom the order has effect is, at the time of the application for its variation, renewal or discharge, resident in a sheriffdom other than the sheriffdom of the sheriff who made the order, any sheriff exercising criminal jurisdiction in the sheriffdom in which the person is resident;

(b)in any other case, any sheriff exercising criminal jurisdiction in the sheriff court district of the sheriff who made the order.]

(2)A record of evidence shall be kept on any summary application made by virtue of subsection (1)(e) or (f) above.

(3)The clerk of the court by which, by virtue of that subsection, a sexual offences prevention order or interim sexual offences prevention order is made, varied, renewed or discharged shall cause a copy of, as the case may be—

(a)the order as so made, varied or renewed; or

(b)the interlocutor by which discharge is effected,

to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate).

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Amendments (Textual)

F109S. 112(1)(aa) inserted (7.10.2005) in place of s. 112(1)(a) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(b), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F112Words in s. 112(1)(e) omitted (7.10.2005) by virtue of Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(i), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F113Words in s. 112(1)(e) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(ii), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F114Words in s. 112(1)(e)(ii) inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(iii), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F115Words in s. 112(1)(e)(ii) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(iv), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F116Words in s. 112(1)(e) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(v), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F118Words in s. 112(1)(f) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(e)(i), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F120S. 112(1)(f)(iia)(iib) substituted (7.10.2005) for s. 112(1)(f)(ii) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(e)(iii), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

113Offence: breach of SOPO or interim SOPO [F124etc] S+N.I.

(1)A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—

(a)a sexual offences prevention order;

(b)an interim sexual offences prevention order;

(c)an order under section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

(d)an order under section F125... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made F125... in Scotland);

(e)an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland).

[F126(1ZA)A person commits an offence if, without reasonable excuse, he contravenes a prohibition imposed by—

(a)a sexual harm prevention order, or

(b)an interim sexual harm prevention order,

other than a prohibition on foreign travel.]

[F127(1A)A person commits an offence if, without reasonable excuse, he fails to do anything which he is required to do by a sexual offences prevention order or an interim sexual offences prevention order.]

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3)Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge or, in Scotland, a [F128community payback order].

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Amendments (Textual)

Foreign travel orders [F129(Scotland and Northern Ireland)]S+N.I.

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Amendments (Textual)

114Foreign travel orders: applications and groundsS+N.I.

(1)A chief officer of police may by complaint to a magistrates' court apply for an order under this section (a “foreign travel order”) in respect of a person (“the defendant”) who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—

(a)the defendant is a qualifying offender, and

(b)the defendant has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(2)An application under subsection (1) may be made to any magistrates' court whose commission area includes any part of the applicant’s police area.

(3)On the application, the court may make a foreign travel order if it is satisfied that—

(a)the defendant is a qualifying offender, and

(b)the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.

115Section 114: interpretationS+N.I.

(1)Subsections (2) to (5) apply for the purposes of section 114.

(2)Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom” means protecting persons [F130under 18] generally or any particular person [F130under 18] from serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom.

(3)Acts and behaviour include those occurring before the commencement of this Part.

(4)Qualifying offender” has the meaning given by section 116.

(5)Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section 116.

(6)F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F130Words in s. 115(2) substituted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009, {ss. 23(1)(a)}, 116(1) (with 23(2)); S.I. 2010/507, art. 5(j) (subject to art. 6) and "18" substituted (S.) (13.12.2010) for "16" by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 101(2), 206(1); S.S.I. 2010/413, art. 2, Sch.

F131S. 115(6) repealed (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009, ss. 112(2), 116(1), {Sch. 8 Pt. 2}; S.I. 2010/507, art. 5(x) (subject to art. 6)

116Section 114: qualifying offendersN.I.

(1)A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—

(a)has been convicted of an offence within subsection (2),

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d)in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.

(2)The offences are—

(a)an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;

(b)an offence within paragraph 31 [F132or 92S] of that Schedule, if the intended offence was an offence against a person [F133under 18];

(c)an offence within paragraph 93 [F134or 93A] of that Schedule, if—

(i)the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;

(ii)the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person [F133under 18]; or

(iii)the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was [F133under 18] at the time of the offence.

(d)an offence within any other paragraph of that Schedule, if the victim of the offence was [F133under 18] at the time of the offence.

[F135(2A)In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.]

(3)A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a)he 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 he 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 he is under a disability and did the act charged against him in respect of the offence, or

(d)he has been cautioned in respect of a relevant offence.

(4)In subsection (3), “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.

(5)An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.

(6)Subject to subsection (7), on an application under section 114 the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(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.

(7)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 subsection (6).

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Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

F132Words in s. 116(2)(b) inserted (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(2), Sch. 7 para. 12(1)

F133Words in s. 116(2)(b)(c)(ii)(iii)(d) substituted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 23(1)(b)(2), 116(1); S.I. 2010/507, art. 5(j) (subject to art. 6)

F134Words in s. 116(2)(c) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F135S. 116(2A) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

116Section 114: qualifying offendersS

(1)A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—

(a)has been convicted of an offence within subsection (2),

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d)in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.

(2)The offences are—

(a)an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;

(b)an offence within paragraph 31 of that Schedule, if the intended offence was an offence against a person under 16;

(c)an offence within paragraph 93 [F134or 93A ]of that Schedule, if—

(i)the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;

(ii)the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person under 16; or

(iii)the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was under 16 at the time of the offence.

(d)an offence within any other paragraph of that Schedule, if the victim of the offence was under [F24818] at the time of the offence.

[F135(2A)In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.]

(3)A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a)he 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 he 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 he is under a disability and did the act charged against him in respect of the offence, or

(d)he has been cautioned in respect of a relevant offence.

(4)In subsection (3), “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.

(5)An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.

(6)Subject to subsection (7), on an application under section 114 the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(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.

(7)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 subsection (6).

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Extent Information

E8This version of this provision extends to Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F134Words in s. 116(2)(c) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F135S. 116(2A) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

117Foreign travel orders: effectS+N.I.

(1)A foreign travel order has effect for a fixed period of not more than [F1365 years], specified in the order.

(2)The order prohibits the defendant from doing whichever of the following is specified in the order—

(a)travelling to any country outside the United Kingdom named or described in the order,

(b)travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c)travelling to any country outside the United Kingdom.

(3)The only prohibitions that may be included in the order are those necessary for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.

(4)If at any time while an order (as renewed from time to time) has effect a defendant is not a relevant offender, the order causes him to be subject to the requirements imposed by regulations made under section 86(1) (and for these purposes the defendant is to be treated as if he were a relevant offender).

(5)Where a court makes a foreign travel order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

(6)Section 115(2) applies for the purposes of this section and section 118.

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Amendments (Textual)

F136Words in s. 117(1) substituted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 24(1), 116(1) (with s. 24(2)); S.I. 2010/507, art. 5(k) (subject to art. 6) and said words substituted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 101(4), 206(1); S.S.I. 2010/413, art. 2, Sch.

[F137117A[F138Surrender of passports: Northern Ireland]N.I.

(1)This section applies in relation to a foreign travel order which contains a prohibition within section 117(2)(c).

(2)The order must require the defendant to surrender all of the defendant's passports, at a police station [F139in Northern Ireland] specified in the order—

(a)on or before the date when the prohibition takes effect, or

(b)within a period specified in the order.

(3)Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel order containing a prohibition within section 117(2)(c) [F140(unless the person is subject to an equivalent prohibition under another order)].

(4)Subsection (3) does not apply in relation to—

(a)a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b)a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(5)In this section “passport” means—

(a)a United Kingdom passport within the meaning of the Immigration Act 1971;

(b)a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c)a document that can be used (in some or all circumstances) instead of a passport.]

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Amendments (Textual)

F137S. 117A inserted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 25(2), 116(1) (with s. 25(4)); S.I. 2010/507, art. 5(l) (subject to art. 6)

[F141117BSurrender of passports: ScotlandS

(1)This section applies in relation to a foreign travel order which contains a prohibition within section 117(2)(c).

(2)The order must require the person in respect of whom the order has effect to surrender all of the person's passports, at a police station in Scotland specified in the order—

(a)on or before the date when the prohibition takes effect, or

(b)within a period specified in the order.

(3)Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel order containing a prohibition within section 117(2)(c) [F142(unless the person is subject to an equivalent prohibition under another order)].

(4)Subsection (3) does not apply in relation to—

(a)a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b)a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(5)In this section “passport” means—

(a)a United Kingdom passport within the meaning of the Immigration Act 1971 (c.77);

(b)a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c)a document that can be used (in some or all circumstances) instead of a passport.]

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Amendments (Textual)

118Foreign travel orders: variations, renewals and dischargesS+N.I.

(1)A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a foreign travel order.

(2)The persons are—

(a)the defendant;

(b)the chief officer of police on whose application the foreign travel order was made;

(c)the chief officer of police for the area in which the defendant resides;

(d)a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.

(3)Subject to subsection (4), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the foreign travel order, that the court considers appropriate.

(4)An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).

(5)In this section “the appropriate court” means—

(a)the court which made the foreign travel order;

(b)a magistrates' court for the area in which the defendant resides; or

(c)where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of his police area.

119[F143Appeals in relation to foreign travel orders: Northern Ireland]N.I.

(1)A defendant may appeal to [F144a county court]

(a)against the making of a foreign travel order;

(b)against the making of an order under section 118, or the refusal to make such an order.

(2)On any such appeal, [F145the county court] may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

[F146(3)Any order made by a county court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 118(5) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).]

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Amendments (Textual)

120Appeals in relation to foreign travel orders: ScotlandS

In Scotland—

(a)an interlocutor granting, refusing, varying, renewing or discharging a foreign travel order is an appealable interlocutor; and

(b)where an appeal is taken against an interlocutor so granting, varying or renewing such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.

121Sections 114 to 118: ScotlandS

(1)Sections 114 to 118 apply to Scotland with the following modifications—

(a)references to a chief officer of police and to his police area are to be read, respectively, as references to [F147the chief constable of the Police Service of Scotland and to Scotland];

(b)references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;

(c)an application for a foreign travel order is made by summary application to any sheriff within whose sheriffdom lies any part of the area of the applicant’s police force (references to “the court” being construed accordingly);

(d)for paragraphs (a) to (c) of section 118(5) there is substituted—

(a)the sheriff who made the foreign travel order; or

(b)where the application is made by a chief constable, a sheriff whose sheriffdom includes any part of the area of the applicant’s police force.

(2)A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.

(3)The clerk of the court by which, by virtue of that subsection, a foreign travel order is made, varied, renewed or discharged shall cause a copy of, as the case may be—

(a)the order as so made, varied or renewed; or

(b)the interlocutor by which discharge is effected,

to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate).

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Amendments (Textual)

122Offence: breach of foreign travel order [F148etc] S+N.I.

(1)A person commits an offence if, without reasonable [F149excuse—

(a)he] does anything which he is prohibited from doing by a foreign travel order[F150, or

(b)he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order.]

[F151(1A)A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).]

[F152(1B)A person commits an offence if, without reasonable excuse, the person fails to comply with—

(a)a requirement under section 117A(2) (surrender of passports: F153... Northern Ireland), or

(b)a requirement under section 117B(2) (surrender of passports: Scotland).

(1C)A person may be prosecuted, tried and punished for any offence under subsection (1B)—

(a)in any sheriff court district in which the person is apprehended or is in custody, or

(b)in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).]

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3)Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge (or, in Scotland, a [F154community payback order]).]

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Amendments (Textual)

F151S. 122(1A) inserted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 25(3), 116(1); S.I. 2010/507, art. 5(l) (subject to art. 6)

Modifications etc. (not altering text)

[F155Sexual risk orders (England and Wales)E+W

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Amendments (Textual)

122ASexual risk orders: applications, grounds and effectE+W

(1)A chief officer of police or the Director General of the National Crime Agency (“the Director General”) may by complaint to a magistrates' court apply for an order under this section (a “sexual risk order”) in respect of a person (“the defendant”) if it appears to the chief officer or the Director General that the following condition is met.

(2)The condition is that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for a sexual risk order to be made.

(3)A chief officer of police may make an application under subsection (1) only in respect of a person—

(a)who resides in the chief officer's police area, or

(b)who the chief officer believes is in that area or is intending to come to it.

(4)An application under subsection (1) may be made to any magistrates' court acting for a local justice area that includes—

(a)any part of a relevant police area, or

(b)any place where it is alleged that the person acted in a way mentioned in subsection (2).

(5)The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (1).

(6)On an application under subsection (1), the court may make a sexual risk order if it is satisfied that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which it is necessary to make such an order for the purpose of—

(a)protecting the public or any particular members of the public from harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

(7)Such an order—

(a)prohibits the defendant from doing anything described in the order;

(b)has effect for a fixed period (not less than 2 years) specified in the order or until further order.

(8)A sexual risk order may specify different periods for different prohibitions.

(9)The only prohibitions that may be imposed are those necessary for the purpose of—

(a)protecting the public or any particular members of the public from harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

(10)Where a court makes a sexual risk order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

122BSection 122A: interpretationE+W

(1)In section 122A—

  • child” means a person under 18;

  • “harm” from the defendant means physical or psychological harm caused by the defendant doing an act of a sexual nature;

  • the public” means the public in the United Kingdom;

  • vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.

(2)Where the defendant is a child, a reference in that section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 122K(1)).

(3)In that section “relevant police area” means—

(a)where the applicant is a chief officer of police, the officer's police area;

(b)where the applicant is the Director General of the National Crime Agency—

(i)the police area where the person in question resides, or

(ii)a police area which the Director General believes the person is in or is intending to come to.

122CSexual risk orders: prohibitions on foreign travelE+W

(1)A prohibition on foreign travel contained in a sexual risk order must not be for a period of more than 5 years.

(2)A “prohibition on foreign travel” means—

(a)a prohibition on travelling to any country outside the United Kingdom named or described in the order,

(b)a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c)a prohibition on travelling to any country outside the United Kingdom.

(3)Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 122D.

(4)A sexual risk order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—

(a)on or before the date when the prohibition takes effect, or

(b)within a period specified in the order.

(5)Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order).

(6)Subsection (5) does not apply in relation to—

(a)a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b)a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(7)In this section “passport” means—

(a)a United Kingdom passport within the meaning of the Immigration Act 1971;

(b)a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c)a document that can be used (in some or all circumstances) instead of a passport.

122DSexual risk order: variations, renewals and dischargesE+W

(1)A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a sexual risk order.

(2)The persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant resides;

(c)a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;

(d)where the order was made on an application by a chief officer of police, that officer.

(3)Subject to subsections (4) and (5), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual risk order, that the court considers appropriate.

(4)An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of—

(a)protecting the public or any particular members of the public from harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

Any renewed or varied order may contain only such prohibitions as are necessary for this purpose.

(5)The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and—

(a)where the application is made by a chief officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in which the defendant resides.

(6)Section 122B(1) applies for the purposes of this section.

(7)In this section “the appropriate court” means—

(a)where an adult magistrates' court made the sexual risk order, that court, any adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;

(b)where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;

(c)where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.

In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.

122EInterim sexual risk ordersE+W

(1)This section applies where an application for a sexual risk order (“the main application”) has not been determined.

(2)An application for an order under this section (“an interim sexual risk order”)—

(a)may be made by the complaint by which the main application is made, or

(b)if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3)The court may, if it considers it just to do so, make an interim sexual risk order, prohibiting the defendant from doing anything described in the order.

(4)Such an order—

(a)has effect only for a fixed period, specified in the order;

(b)ceases to have effect, if it has not already done so, on the determination of the main application.

(5)The applicant or the defendant may by complaint apply to the court that made the interim sexual risk order for the order to be varied, renewed or discharged.

122FSexual risk orders and interim sexual risk orders: notification requirementsE+W+S+N.I.

(1)A person in respect of whom a court makes—

(a)a sexual risk order (other than one that replaces an interim sexual risk order), or

(b)an interim sexual risk order,

must, within the period of 3 days beginning with the date of service of the order, notify to the police the information set out in subsection (2) (unless the person is subject to the notification requirements of this Part on that date).

(2)The information is—

(a)the person's name and, where the person uses one or more other names, each of those names;

(b)the person's home address.

(3)A person who—

(a)is subject to a sexual risk order or an interim sexual risk order (but is not subject to the notification requirements of this Part), and

(b)uses a name which has not been notified under this section (or under any other provision of this Part), or changes home address,

must, within the period of 3 days beginning with the date on which that happens, notify to the police that name or (as the case may be) the new home address.

(4)Sections 87 (method of notification and related matters) and 91 (offences relating to notification) apply for the purposes of this section—

(a)with references to section 83(1) being read as references to subsection (1) above,

(b)with references to section 84(1) being read as references to subsection (3) above, and

(c)with the omission of section 87(2)(b).

122GSexual risk orders and interim sexual risk orders: appealsE+W

(1)A defendant may appeal to the Crown Court—

(a)against the making of a sexual risk order;

(b)against the making of an interim sexual risk order; or

(c)against the making of an order under section 122D, or the refusal to make such an order.

(2)On any such appeal, the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(3)Any order made by the Crown Court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 122D(7) or 122E(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).

122HOffence: breach of sexual risk order or interim sexual risk order etcE+W

(1)A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

(a)a sexual risk order,

(b)an interim sexual risk order,

(c)a risk of sexual harm order,

(d)an interim risk of sexual harm order,

(e)an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or

(f)an order under section 5 of that Act (interim risk of sexual harm orders in Scotland),

commits an offence.

(2)A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 122C(4).

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(4)Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

122IEffect of conviction etc of an offence under section 122H etcE+W

(1)This section applies to a person (“the defendant”) who—

(a)is convicted of an offence mentioned in subsection (2);

(b)is found not guilty of such an offence by reason of insanity;

(c)is found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d)is cautioned in respect of such an offence.

(2)Those offences are—

(a)an offence under section 122H or 128 of this Act;

(b)an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of risk of sexual harm order or interim risk of sexual harm order in Scotland).

(3)Where—

(a)a defendant was a relevant offender immediately before this section applied to the defendant, and

(b)the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the relevant order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(4)Where the defendant was not a relevant offender immediately before this section applied to the defendant—

(a)this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to the defendant until the relevant order (as renewed from time to time) ceases to have effect, and

(b)this Part applies to the defendant, subject to the modification set out in subsection (5).

(5)The “relevant date” is the date on which this section first applies to the defendant.

(6)In this section “relevant order” means—

(a)where the conviction, finding or caution within subsection (1) is in respect of a breach of a sexual risk order or a risk of sexual harm order, that order;

(b)where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim sexual risk order or an interim risk of sexual harm order, any sexual risk order or risk of sexual harm order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.

(7)In subsection (6) “risk of sexual harm order” and “interim risk of sexual harm order” include orders under sections 2 and 5 (respectively) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.

122JSexual risk orders and interim sexual risk orders: guidanceE+W

(1)The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency in relation to the exercise by them of their powers with regard to sexual risk orders and interim sexual risk orders.

(2)The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3)The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.

122KSexual risk orders and interim sexual risk orders: supplementaryE+W

(1)Rules of court—

(a)may provide for a youth court to give permission for an application under section 122A against a person aged 18 or over to be made to the youth court if—

(i)an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and

(ii)the youth court thinks that it would be in the interests of justice for the applications to be heard together;

(b)may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 122A, 122D or 122E have begun—

(i)prescribe circumstances in which the proceedings may or must remain in the youth court;

(ii)make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 122E with modifications).

(2)A person's age is treated for the purposes of sections 122A to 122J and this section as being that which it appears to the court to be after considering any available evidence.]

[F156Risk of sexual harm orders [F157(Northern Ireland)]N.I.

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Amendments (Textual)

123Risk of sexual harm orders: applications, grounds and effectN.I.

(1)[F158The Chief Constable of the Police Service of Northern Ireland] may by complaint to [F159a court of summary jurisdiction] apply for an order under this section (a “risk of sexual harm order”) in respect of a person aged 18 or over (“the defendant”) who resides in [F160Northern Ireland] or who [F161the Chief Constable] believes is in, or is intending to come to, [F160Northern Ireland] if it appears to [F161the Chief Constable] that—

(a)the defendant has on at least two occasions, whether before or after the commencement of this Part, done an act within subsection (3), and

(b)as a result of those acts, there is reasonable cause to believe that it is necessary for such an order to be made.

F162(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The acts are—

(a)engaging in sexual activity involving a child or in the presence of a child;

(b)causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual;

(c)giving a child anything that relates to sexual activity or contains a reference to such activity;

(d)communicating with a child, where any part of the communication is sexual.

(4)On the application, the court may make a risk of sexual harm order if it is satisfied that—

(a)the defendant has on at least two occasions, whether before or after the commencement of this section, done an act within subsection (3); and

(b)it is necessary to make such an order, for the purpose of protecting children generally or any child from harm from the defendant.

(5)Such an order—

(a)prohibits the defendant from doing anything described in the order;

(b)has effect for a fixed period (not less than 2 years) specified in the order or until further order.

(6)The only prohibitions that may be imposed are those necessary for the purpose of protecting children generally or any child from harm from the defendant.

(7)Where a court makes a risk of sexual harm order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

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Amendments (Textual)

124Section 123: interpretationN.I.

(1)Subsections (2) to (7) apply for the purposes of section 123.

(2)Protecting children generally or any child from harm from the defendant” means protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).

(3)Child” means a person under 16.

(4)Image” means an image produced by any means, whether of a real or imaginary subject.

(5)Sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.

(6)A communication is sexual if—

(a)any part of it relates to sexual activity, or

(b)a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the communication is sexual.

(7)An image is sexual if—

(a)any part of it relates to sexual activity, or

(b)a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the image is sexual.

F163(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

125RSHOs: variations, renewals and dischargesN.I.

(1)A person within subsection (2) may by complaint to [F164the appropriate court] [F164 a court of summary jurisdiction ] apply for an order varying, renewing or discharging a risk of sexual harm order.

(2)The persons are—

(a)the defendant;

[F165(b)the Chief Constable of the Police Service of Northern Ireland.]

(3)Subject to subsections (4) and (5), on the application the court, after hearing the person making the application[F166, and the other person mentioned in subsection (2) (if that person wishes to be heard)], may make any order, varying, renewing or discharging the risk of sexual harm order, that the court considers appropriate.

(4)An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from harm from the defendant (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).

(5)The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and [F167the Chief Constable of the Police Service of Northern Ireland].

(6)Section 124(2) applies for the purposes of this section.

[F168(7)In this section “the appropriate court” means—

(a)the court which made the risk of sexual harm order;

[F169(b)a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides;

(c)where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.]]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F164Words in s. 125(1) substituted (N.I.)