PART 2Sexual harm
CHAPTER 4Sexual risk orders
Making of order
27Making of order
1
On the application of the chief constable, an appropriate sheriff may make a sexual risk order (see section 28(1)) against a person (“the respondent”).
2
An appropriate sheriff may make a sexual risk order only if satisfied that the respondent has (whether before or after this Chapter comes into force) done an act of a sexual nature as a result of which it is necessary to make such an order for the purpose of—
a
protecting the public, or any particular members of the public, from harm from the respondent, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the respondent outside the United Kingdom.
3
In this section, an “appropriate sheriff” means—
a
a sheriff in whose sheriffdom the respondent resides,
b
a sheriff in whose sheriffdom the respondent is believed by the chief constable to be,
c
a sheriff to whose sheriffdom the respondent is believed by the chief constable to be intending to come, or
d
a sheriff whose sheriffdom includes any place where it is alleged that the respondent did an act of a sexual nature giving rise to reasonable cause to believe that it is necessary for a sexual risk order to be made.
4
Before determining an application under this section, a sheriff must—
a
if subsection (5) applies, hold a hearing at which the respondent and the chief constable may appear or be represented,
b
if subsection (5) does not apply, either—
i
hold a hearing at which the respondent and the chief constable may appear or be represented, or
ii
give an opportunity to make written representations to the respondent and the chief constable.
5
This subsection applies if, not later than rules of court may provide, the respondent gives notice to the sheriff of a wish for a hearing to be held.