PART 5CRIMINAL JUSTICE

Sexual offences prevention orders

100Sexual offences prevention orders

1

In section 141 of the Criminal Justice and Immigration Act 2008 (c.4) (sexual offences prevention orders: relevant sexual offences), subsection (2) is repealed.

2

In the Sexual Offences Act 2003 (c.42)

a

in section 106 (applications and grounds for sexual offences prevention orders: supplemental), in subsection (13), the words from “in their” to the end are repealed,

b

in section 109 (interim SOPOs), in subsection (5), for “107(3)” substitute “107(2)”,

c

after section 111 insert—

111ASOPO and interim SOPO requirements: Scotland

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.

d

in section 112 (provisions relating to sexual offences prevention orders in Scotland), in subsection (1), after paragraph (d) insert—

da

a court may make an order under section 104(1)—

i

at its own instance, or

ii

on the motion of the prosecutor;