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Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

Section 5 – Interim RSHOs

21.This section allows the police to apply for an interim RSHO where an application has been made for a full order in respect of an individual, and intimated to that individual, but has not yet been determined. The sheriff may grant an interim RSHO if satisfied prima facie that, firstly, the person carried out sexually explicit communication or conduct referred to in section 2(5) with or toward a child on at least two occasions and, secondly, that it is just to make the order. The interim order would be for a fixed period and would cease to have effect at the end of that period or, if earlier, when a decision is made on the full order.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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