Statutory Instruments
2004 No. 1053
MAGISTRATES' COURTS, ENGLAND AND WALES
PROCEDURE
The Magistrates' Courts (Risk of Sexual Harm Orders) Rules 2004
Made
5th April 2004
Laid before Parliament
6th April 2004
Coming into force
1st May 2004
The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980(1), after consultation with the rule committee appointed under the said section 144, hereby makes the following Rules:
Citation, commencement and interpretation
1. These Rules may be cited as the Magistrates' Courts (Risk of Sexual Harm Orders) Rules 2004 and shall come into force on 1st May 2004.
2. In these Rules—
(a)a reference to a numbered section is a reference to the section so numbered in the Sexual Offences Act 2003(2); and
(b)a reference to a Schedule is a reference to a Schedule to these Rules.
Risk of sexual harm orders and interim risk of sexual harm orders
3.—(1) An application for
(a)a risk of sexual harm order made under section 123(1), or
(b)an interim risk of sexual harm order made under section 126(2)
may be in the form set out in Schedule 1.
(2) A summons directed to the defendant requiring him to appear before a magistrates' court to answer an application referred to in paragraph (1) may be in the form set out in Schedule 2.
(3) A risk of sexual harm order shall be in the form set out in Schedule 3.
(4) An interim risk of sexual harm order shall be in the form set out in Schedule 4.
(5) As soon as reasonably practicable after a risk of sexual harm order or an interim risk of sexual harm order has been made, the Justices' Chief Executive shall serve a copy of that order on the defendant. Any copy of an order required to be sent under these Rules to the defendant shall be either given to him in person or sent by post to his last known address and, if so given or sent, shall be deemed to have been received by him, unless the defendant proves that it was not received by him.
Falconer of Thoroton, C.
Date 5th April 2004
Rule 3(1)
SCHEDULE 1
FORMApplication for [Risk of Sexual Harm Order] [and] [Interim Risk of Sexual Harm Order] (Sexual Offences Act 2003 s[s][123] [and] [126].
Rule 3(2)
SCHEDULE 2
FORMSummons on Application for [Risk of Sexual Harm Order] [and] [Interim Risk of Sexual Harm Order] (Sexual Offences Act 2003 s[s] [123] [and] [126].
Rule 3(3)
SCHEDULE 3
FORMRisk of Sexual Harm Order (Sexual Offences Act 2003 s 123)
Rule 3(4)
SCHEDULE 4
FORMInterim Risk of Sexual Harm Order (Sexual Offences Act 2003 s 126)
Explanatory Note
(This note is not part of the Rules)
These Rules provide forms which may be used for applications for risk of sexual harm orders and interim risk of sexual harm orders under sections 123 and 126 of the Sexual Offences Act 2003. They also provide forms for the summons to be served on the defendant in relation to such applications and the form which should be used for the orders themselves. Rule 3(5) provides for service of the orders.