PART 5

CRIMINAL JUSTICE

Sexual offences prevention orders

Sexual offences prevention orders
100
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Justice and Immigration Act 2008 (c.4) (sexual offences prevention orders: relevant sexual offences), subsection (2) is repealed.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for sexual offences prevention orders: supplemental), in subsection (13), the words from “in their” to the end are repealed,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—

SOPO and interim SOPO requirements: Scotland
111A
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.
, and
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;
.