Part 2U.K.Notification and orders

Modifications etc. (not altering text)

[F1Sexual risk orders (England and Wales)E+W

Textual Amendments

122DSexual risk order: variations, renewals and dischargesE+W

(1)A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a sexual risk order.

(2)The persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant resides;

(c)a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;

[F2(2A)If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) to (d) must have regard to the list in considering—

(a)whether to apply for an order varying or renewing a sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and

(b)in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.]

(d)where the order was made on an application by a chief officer of police, that officer.

(3)Subject to subsections (4) and (5), on [F3an application made under this section] the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual risk order, that the court considers appropriate.

(4)An order may be renewed, or varied so as to impose additional prohibitions [F4or requirements] on the defendant, only if it is necessary to do so for the purpose of—

(a)protecting the public or any particular members of the public from harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

Any renewed or varied order may contain only such prohibitions [F5and requirements] as are necessary for this purpose.

[F6(4A)Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid—

(a)any conflict with the defendant’s religious beliefs,

(b)any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and

(c)any conflict with any other court order or injunction to which the defendant may be subject.]

[F7(4B)If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—

(a)whether any order varying or renewing the sexual risk order is necessary for the purposes of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and

(b)in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.]

(5)The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and—

(a)where the application is made by a chief officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in which the defendant resides.

(6)Section 122B(1) applies for the purposes of this section.

(7)In this section “the appropriate court” means—

(a)where an adult magistrates' court made the sexual risk order, that court, any adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;

(b)where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;

(c)where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.

In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.]

Textual Amendments