Sexual Offences Act 2003 (c. 42)

[F1 Part 2A E+W+N.I. Closure orders

Textual Amendments

F1 Pt. 2A inserted (E.W.N.I.) (1.4.2010 for E.W. and otherwise prosp.) by Policing and Crime Act 2009 (c. 26), ss. 21(1), 116(1), Sch. 2 para. 1 (with s. 21(2)); S.I. 2010/507, art. 5(t) (subject to art. 6)

Extension and discharge of closure orders E+W+N.I.

136H Applications for extension of closure order E+W+N.I.

(1) At any time before the end of the period for which a closure order is made or extended a constable may make a complaint to the appropriate judicial officer for an extension or further extension of the period for which it has effect.

(2) A complaint may not be made under subsection (1) unless it is authorised by a member of a police force not below the rank of superintendent.

(3) Authorisation may be given under subsection (2) if two conditions are met.

(4) The first condition is that the officer has reasonable grounds for believing that it is necessary to extend the period for which the order has effect to prevent the premises being used for activities related to any of the specified [F2 prostitution, pornography or child sex offences] in respect of which section 136D(9) applied.

(5) The second condition is that the officer is satisfied that the local authority has been consulted about the intention to make a complaint.

(6) If a complaint is made under subsection (1) the appropriate judicial officer may issue a summons directed to—

(a) any person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), or

(b) any other person who appears to the judicial officer to have an interest in the closed premises but on whom the closure notice was not served,

requiring such person to appear before the magistrates' court to answer to the complaint.

(7) If a summons is issued in accordance with subsection (6), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on—

(a) the persons to whom the summons is directed,

(b) such constable as the judicial officer thinks appropriate (unless the complainant is a constable), and

(c) the local authority.

(8) In this section “the appropriate judicial officer” means—

(a) in the application of this section to England and Wales, a justice of the peace;

(b) in the application of this section to Northern Ireland, a lay magistrate.]

Textual Amendments

F2 Words in s. 136H(4) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 7 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)