Serious Crime Act 2007

17 Variation of orders E+W+N.I.

(1) The High Court in England and Wales may, on an application under this section, vary a serious crime prevention order in England and Wales if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in England and Wales.

[F1 (1A) The appropriate court in Scotland may, on an application under this section, vary a serious crime prevention order in Scotland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Scotland.]

(2) The High Court in Northern Ireland may, on an application under this section, vary a serious crime prevention order in Northern Ireland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Northern Ireland.

(3) An application for the variation of an order under this section may be made by—

(a) the relevant applicant authority [F2 (but see subsection (7A))]; or

(b) subject as follows—

(i) the person who is the subject of the order; or

(ii) any other person.

(4) The court must not entertain an application by the person who is the subject of the order unless it considers that there has been a change of circumstances affecting the order.

(5) The court must not entertain an application by any person falling within subsection (3)(b)(ii) unless it considers that—

(a) the person is significantly adversely affected by the order;

(b) condition A or B is met; and

(c) the application is not for the purpose of making the order more onerous on the person who is the subject of it.

(6) Condition A is that—

(a) the person falling within subsection (3)(b)(ii)—

(i) has, on an application under section 9, been given an opportunity to make representations; or

(ii) has made an application otherwise than under that section;

in earlier proceedings in relation to the order (whether before the High Court [F3 , the appropriate court] or the Crown Court); and

(b) there has been a change of circumstances affecting the order.

(7) Condition B is that—

(a) the person falling within subsection (3)(b)(ii) has not made an application of any kind in earlier proceedings in relation to the order (whether before the High Court [F4 , the appropriate court] or the Crown Court); and

(b) it was reasonable in all the circumstances for the person not to have done so.

[F5 (7A) Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the variation of the order may only be made under this section to the Court of Session (and not to the sheriff).]

(8) A variation on an application under subsection (3)(a) may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

Textual Amendments

F1 S. 17(1A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 14(2); S.I. 2016/148, reg. 3(f)

F2 Words in s. 17(3)(a) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 5(2)

F3 Words in s. 17(6)(a) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 14(3); S.I. 2016/148, reg. 3(f)

F4 Words in s. 17(7)(a) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 14(3); S.I. 2016/148, reg. 3(f)

F5 S. 17(7A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 5(3)

Commencement Information

I1 S. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)