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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| 585, 587, 589-90, 709-14, 729-730, 735-36 and 815-30 |
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| Anti-social Behaviour, Crime and Policing Bill, As Amended |
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| | Requirement to fit a post box guard where a dog is present |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall bring forward regulations to require householders to |
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| | fit a guard to their letterbox if— |
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| | (a) | the householder owns a dog, |
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| | (b) | the dog is kept in residential premises to which the letterbox is fitted, and |
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| | (c) | the letterbox opens directly into those premises. |
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| | (2) | Regulations made under subsection (1) shall include provision concerning— |
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| | (a) | the size and style of the guard to be fitted, and |
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| | (b) | the householder being liable to a civil penalty for any harm caused as a |
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| | result of failing to comply with this requirement. |
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| | (3) | Regulations under this section— |
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| | (a) | shall be made by statutory instrument, and |
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| | (b) | may not be made unless a draft has been laid before and approved by |
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| | resolution of each House of Parliament.’. |
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| | Sexual harm prevention orders and sexual risk orders, etc |
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| To move the following Clause:— |
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| | ‘(1) | Schedule [Amendments of Part 2 of the Sexual Offences Act 2003] (amendments |
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| | of Part 2 of the Sexual Offences Act 2003) has effect. |
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| | (2) | In section 142 of the Sexual Offences Act 2003 (extent etc)— |
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| | (a) | in subsection (2) (provisions that extend to Northern Ireland, as well as |
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| | England and Wales), for paragraph (c) there is substituted— |
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| | “(c) | sections 80 to 88, 89 to 91, 92 to 96, 96B to 103, 122F |
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| | (b) | after that subsection there is inserted— |
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| | “(2A) | Sections 110, 117A, 119 and 123 to 129 extend only to Northern |
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| | |
| | (c) | In subsection (3) (provisions that extend to Scotland, as well as England |
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| | and Wales) for paragraph (a) there is substituted— |
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| | “(a) | sections 80 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, |
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| | 130 to 132 and 133 to 136ZB;”; |
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| | (d) | after that subsection there is inserted— |
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| | “(3A) | Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only |
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| | (3B) | Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to |
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| | Northern Ireland and Scotland but not to England and Wales.”’. |
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| | Saving and transitional provision |
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| To move the following Clause:— |
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| | |
| | “the 2003 Act” means the Sexual Offences Act 2003; |
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| | (a) | a sexual offences prevention order under section 104 of the 2003 |
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| | (b) | a foreign travel order under section 114 of that Act; |
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| | (c) | a risk of sexual harm order under section 123 of that Act; |
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| | (a) | a sexual harm prevention order (made under section 103A of the |
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| | 2003 Act, inserted by Schedule [Amendments of Part 2 of the |
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| | Sexual Offences Act 2003]); |
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| | (b) | a sexual risk order (made under section 122A of that Act, |
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| | inserted by that Schedule); |
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| | (a) | a restraining order under section 5A of the Sex Offenders Act |
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| | (b) | a sex offender order under section 2 of the Crime and Disorder |
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| | |
| | (2) | The repeal or amendment by this Act of sections 104 to 122 or sections 123 to |
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| | 129 of the 2003 Act does not apply in relation to— |
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| | (a) | an application made before the commencement day for an existing order; |
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| | (b) | an existing order (whether made before or after that day) applied for |
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| | (c) | anything done in connection with such an application or order. |
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| | (3) | The following sections of the 2003 Act inserted by Schedule [Amendments of |
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| | Part 2 of the Sexual Offences Act 2003] apply (as appropriate) to an old order as |
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| | they apply to a new order— |
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| | (a) | section 103E (variation, renewal and discharge of sexual harm |
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| | (b) | section 103I (offence of breach of sexual harm prevention order); |
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| | (c) | section 122E (variation, renewal and discharge of sexual risk order); |
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| | (d) | section 122H (offence of breach of sexual risk order). |
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| | (4) | As from the commencement day there may be no variation of an existing order or |
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| | an old order that extends the period of the order or of any of its provisions. |
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| | (5) | At the end of the period of 5 years beginning with the commencement day— |
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| | (a) | in relation to any existing order or old order that is still in force, sections |
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| | 103E and 103I of the 2003 Act or sections 122E and 122H of that Act (as |
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| | appropriate) have effect, with any necessary modifications (and with any |
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| | modifications specified in an order under section 152(6) of this Act), as |
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| | if the provisions of the order were provisions of a new order; |
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| | (b) | subsections (2) and (3) cease to have effect. |
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| | (6) | In this section “commencement day” means the day on which this section comes |
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| To move the following Schedule:— |
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| | Amendments of Part 2 of the Sexual Offences Act 2003 |
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| | 1 | Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended as |
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| | set out in this Schedule. |
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| | Sexual harm prevention orders |
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| | 2 | After section 103 there is inserted— |
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| | “Sexual harm prevention orders (England and Wales) |
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| | 103A | Sexual harm prevention orders: applications and grounds |
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| | (1) | A court may make an order under this section (a “sexual harm |
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| | prevention order”) in respect of a person (“the defendant”) where |
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| | subsection (2) or (3) applies to the defendant. |
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| | (2) | This subsection applies to the defendant where— |
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| | (a) | the court deals with the defendant in respect of— |
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| | (i) | an offence listed in Schedule 3 or 5, or |
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| | (ii) | a finding that the defendant is not guilty of an offence |
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| | listed in Schedule 3 or 5 by reason of insanity, or |
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| | (iii) | a finding that the defendant is under a disability and |
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| | has done the act charged against the defendant in |
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| | respect of an offence listed in Schedule 3 or 5, |
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| | (b) | the court is satisfied that it is necessary to make a sexual harm |
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| | prevention order, for the purpose of— |
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| | (i) | protecting the public or any particular members of the |
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| | public from sexual harm from the defendant, or |
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| | (ii) | protecting children or vulnerable adults generally, or |
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| | any particular children or vulnerable adults, from |
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| | sexual harm from the defendant outside the United |
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| | |
| | (3) | This subsection applies to the defendant where— |
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| | (a) | an application under subsection (4) has been made in respect |
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| | of the defendant and it is proved on the application that the |
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| | defendant is a qualifying offender, and |
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| | (b) | the court is satisfied that the defendant’s behaviour since the |
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| | appropriate date makes it necessary to make a sexual harm |
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| | prevention order, for the purpose of— |
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| | (i) | protecting the public or any particular members of the |
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| | public from sexual harm from the defendant, or |
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| | (ii) | protecting children or vulnerable adults generally, or |
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| | any particular children or vulnerable adults, from |
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| | sexual harm from the defendant outside the United |
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| | |
| | (4) | A chief officer of police or the Director General of the National Crime |
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| | Agency (“the Director General”) may by complaint to a magistrates’ |
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| | court apply for a sexual harm prevention order in respect of a person |
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| | if it appears to the chief officer or the Director General that— |
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| | (a) | the person is a qualifying offender, and |
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| | (b) | the person has since the appropriate date acted in such a way |
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| | as to give reasonable cause to believe that it is necessary for |
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| | such an order to be made. |
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| | (5) | A chief officer of police may make an application under subsection (4) |
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| | only in respect of a person— |
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| | (a) | who resides in the chief officer’s police area, or |
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| | (b) | who the chief officer believes is in that area or is intending to |
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| | (6) | An application under subsection (4) may be made to any magistrates’ |
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| | court whose commission area includes— |
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| | (a) | any part of a relevant police area, or |
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| | (b) | any place where it is alleged that the person acted in a way |
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| | mentioned in subsection (4)(b). |
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| | (7) | The Director General must as soon as practicable notify the chief |
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| | officer of police for a relevant police area of any application that the |
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| | Director has made under subsection (4). |
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| | (8) | In this section “relevant police area” means— |
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| | (a) | where the applicant is a chief officer of police, the officer’s |
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| | (b) | where the applicant is the Director General— |
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| | (i) | the police area where the person in question resides, |
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| | (ii) | a police area which the Director General believes the |
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| | person is in or is intending to come to. |
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| | |
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| | “appropriate date”, in relation to a qualifying offender, means the date or |
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| | (as the case may be) the first date on which the offender was convicted, |
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| | found or cautioned as mentioned in subsection (2) or (3) below; |
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| | “child” means a person under 18; |
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| | “the public” means the public in the United Kingdom; |
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| | “sexual harm” from a person means physical or psychological harm |
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| | (a) | by the person committing one or more offences listed in |
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| | (b) | (in the context of harm outside the United Kingdom) by the |
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| | person doing, outside the United Kingdom, anything which |
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| | would constitute an offence listed in Schedule 3 if done in any |
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| | part of the United Kingdom; |
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| | “qualifying offender” means a person within subsection (2) or (3) below; |
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| | “vulnerable adult” means a person aged 18 or over whose ability to |
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| | protect himself or herself from physical or psychological harm is |
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| | significantly impaired through physical or mental disability or illness, |
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| | through old age or otherwise. |
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| | (2) | A person is within this subsection if, whether before or after the |
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| | commencement of this Part, the person— |
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| | (a) | has been convicted of an offence listed in Schedule 3 (other |
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| | than at paragraph 60) or in Schedule 5, |
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| | (b) | has been found not guilty of such an offence by reason of |
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| | (c) | has been found to be under a disability and to have done the |
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| | act charged against him in respect of such an offence, or |
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| | (d) | has been cautioned in respect of such an offence. |
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| | (3) | A person is within this subsection if, under the law in force in a |
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| | country outside the United Kingdom and whether before or after the |
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| | commencement of this Part— |
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| | (a) | the person has been convicted of a relevant offence (whether |
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| | or not the person has been punished for it), |
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| | (b) | a court exercising jurisdiction under that law has made in |
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| | respect of a relevant offence a finding equivalent to a finding |
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| | that the person is not guilty by reason of insanity, |
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| | (c) | such a court has made in respect of a relevant offence a finding |
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| | equivalent to a finding that the person is under a disability and |
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| | did the act charged against the person in respect of the offence, |
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| | |
| | (d) | the person has been cautioned in respect of a relevant offence. |
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| | (4) | In subsection (3), “relevant offence” means an act which— |
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| | (a) | constituted an offence under the law in force in the country |
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| | (b) | would have constituted an offence listed in Schedule 3 (other |
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| | than at paragraph 60) or in Schedule 5 if it had been done in |
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| | any part of the United Kingdom. |
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| | | For this purpose an act punishable under the law in force in a country |
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| | outside the United Kingdom constitutes an offence under that law, |
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| | however it is described in that law. |
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| | |
| | findings include those occurring before the commencement of this |
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| | |
| | (6) | Subject to subsection (7), on an application under section 103A(4) the |
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| | condition in subsection (4)(b) above (where relevant) is to be taken as |
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| | met unless, not later than rules of court may provide, the defendant |
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| | serves on the applicant a notice— |
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| | (a) | stating that, on the facts as alleged with respect to the act |
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| | concerned, the condition is not in the defendant’s opinion met, |
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| | (b) | showing the grounds for that opinion, and |
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| | (c) | requiring the applicant to prove that the condition is met. |
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| | (7) | The court, if it thinks fit, may permit the defendant to require the |
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| | applicant to prove that the condition is met without service of a notice |
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| | (8) | Subsection (9) applies for the purposes of section 103A and this |
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| | (9) | In construing any reference to an offence listed in Schedule 3, any |
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| | condition subject to which an offence is so listed that relates— |
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| | (a) | to the way in which the defendant is dealt with in respect of an |
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| | offence so listed or a relevant finding (as defined by section |
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| | (b) | to the age of any person, |
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| | (1) | A sexual harm prevention order prohibits the defendant from doing |
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| | anything described in the order. |
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| | (2) | Subject to section 103D(1), a prohibition contained in a sexual harm |
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| | prevention order has effect— |
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| | (a) | for a fixed period, specified in the order, of at least 5 years, or |
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| | |
| | (3) | A sexual harm prevention order— |
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| | (a) | may specify that some of its prohibitions have effect until |
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| | further order and some for a fixed period; |
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| | (b) | may specify different periods for different prohibitions. |
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| | (4) | The only prohibitions that may be included in a sexual harm |
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| | prevention order are those necessary for the purpose of— |
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| | (a) | protecting the public or any particular members of the public |
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| | from sexual harm from the defendant, or |
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| | (b) | protecting children or vulnerable adults generally, or any |
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| | particular children or vulnerable adults, from sexual harm |
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| | from the defendant outside the United Kingdom. |
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| | (5) | In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable |
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| | adult” each has the meaning given in section 103B(1). |
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| | (6) | Where a court makes a sexual harm prevention order in relation to a |
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| | person who is already subject to such an order (whether made by that |
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| | court or another), the earlier order ceases to have effect. |
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| | 103D | SHPOs: prohibitions on foreign travel |
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| | (1) | A prohibition on foreign travel contained in a sexual harm prevention |
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| | order must be for a fixed period of not more than 5 years. |
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| | (2) | A “prohibition on foreign travel” means— |
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| | (a) | a prohibition on travelling to any country outside the United |
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| | Kingdom named or described in the order, |
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| | (b) | a prohibition on travelling to any country outside the United |
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| | Kingdom other than a country named or described in the |
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| | |
| | (c) | a prohibition on travelling to any country outside the United |
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| | (3) | Subsection (1) does not prevent a prohibition on foreign travel from |
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| | being extended for a further period (of no more than 5 years each time) |
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| | |
| | (4) | A sexual harm prevention order that contains a prohibition within |
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| | subsection (2)(c) must require the defendant to surrender all of the |
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| | defendant’s passports at a police station specified in the order— |
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| | (a) | on or before the date when the prohibition takes effect, or |
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| | (b) | within a period specified in the order. |
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| | (5) | Any passports surrendered must be returned as soon as reasonably |
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| | practicable after the person ceases to be subject to a sexual harm |
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| | prevention order containing a prohibition within subsection (2)(c) |
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| | (unless the person is subject to an equivalent prohibition under another |
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| | (6) | Subsection (5) does not apply in relation to— |
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| | (a) | a passport issued by or on behalf of the authorities of a country |
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| | outside the United Kingdom if the passport has been returned |
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| | |
| | (b) | a passport issued by or on behalf of an international |
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| | organisation if the passport has been returned to that |
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| | (7) | In this section “passport” means— |
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| | (a) | a United Kingdom passport within the meaning of the |
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| | (b) | a passport issued by or on behalf of the authorities of a country |
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| | outside the United Kingdom, or by or on behalf of an |
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| | international organisation; |
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| | (c) | a document that can be used (in some or all circumstances) |
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