Session 2013 - 14
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Notices of Amendments: 8 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

122B  

 Section 122A: interpretation

 

(1)    

In section 122A—

 

“child” means a person under 18;

 

“harm” from the defendant means physical or psychological harm caused

 

by the defendant doing an act of a sexual nature;

 

“the public” means the public in the United Kingdom;

 

“vulnerable adult” means a person aged 18 or over whose ability to

 

protect himself or herself from physical or psychological harm is

 

significantly impaired through physical or mental disability or illness,

 

through old age or otherwise.

 

(2)    

In that section “relevant police area” means—

 

(a)    

where the applicant is a chief officer of police, the officer’s

 

police area;

 

(b)    

where the applicant is the Director General of the National

 

Crime Agency—

 

(i)    

the police area where the person in question resides,

 

or

 

(ii)    

a police area which the Director General believes the

 

person is in or is intending to come to.

 

122C  

 Sexual risk orders: prohibitions on foreign travel

 

(1)    

A prohibition on foreign travel contained in a sexual risk order must

 

not be for a period of more than 5 years.

 

(2)    

A “prohibition on foreign travel” means—

 

(a)    

a prohibition on travelling to any country outside the United

 

Kingdom named or described in the order,

 

(b)    

a prohibition on travelling to any country outside the United

 

Kingdom other than a country named or described in the

 

order, or

 

(c)    

a prohibition on travelling to any country outside the United

 

Kingdom.

 

(3)    

Subsection (1) does not prevent a prohibition on foreign travel from

 

being extended for a further period (of no more than 5 years each time)

 

under section 122D.

 

(4)    

A sexual risk order that contains a prohibition within subsection (2)(c)

 

must require the defendant to surrender all of the defendant’s

 

passports at a police station specified in the order—

 

(a)    

on or before the date when the prohibition takes effect, or

 

(b)    

within a period specified in the order.

 

(5)    

Any passports surrendered must be returned as soon as reasonably

 

practicable after the person ceases to be subject to a sexual risk order

 

containing such a prohibition (unless the person is subject to an

 

equivalent prohibition under another order).

 

(6)    

Subsection (5) does not apply in relation to—

 

(a)    

a passport issued by or on behalf of the authorities of a country

 

outside the United Kingdom if the passport has been returned

 

to those authorities;


 
 

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(b)    

a passport issued by or on behalf of an international

 

organisation if the passport has been returned to that

 

organisation.

 

(7)    

In this section “passport” means—

 

(a)    

a United Kingdom passport within the meaning of the

 

Immigration Act 1971;

 

(b)    

a passport issued by or on behalf of the authorities of a country

 

outside the United Kingdom, or by or on behalf of an

 

international organisation;

 

(c)    

a document that can be used (in some or all circumstances)

 

instead of a passport.

 

122D  

 Sexual risk order: variations, renewals and discharges

 

(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;

 

(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 the application 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 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 as are

 

necessary for this 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)    

the court which made the sexual risk order;


 
 

Notices of Amendments: 8 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(b)    

a magistrates’ court for the area in which the defendant

 

resides;

 

(c)    

where the application is made by a chief officer of police, any

 

magistrates’ court whose commission area includes any part

 

of the officer’s police area.

 

122E  

 Interim sexual risk orders

 

(1)    

This section applies where an application for a sexual risk order (“the

 

main application”) has not been determined.

 

(2)    

An application for an order under this section (“an interim sexual risk

 

order”)—

 

(a)    

may be made by the complaint by which the main application

 

is made, or

 

(b)    

if the main application has been made, may be made by the

 

person who has made that application, by complaint to the

 

court to which that application has been made.

 

(3)    

The court may, if it considers it just to do so, make an interim sexual

 

risk order, prohibiting the defendant from doing anything described in

 

the order.

 

(4)    

Such an order—

 

(a)    

has effect only for a fixed period, specified in the order;

 

(b)    

ceases to have effect, if it has not already done so, on the

 

determination of the main application.

 

(5)    

The applicant or the defendant may by complaint apply to the court

 

that made the interim sexual risk order for the order to be varied,

 

renewed or discharged.

 

122F  

 Sexual risk orders and interim sexual risk orders: notification

 

requirements

 

(1)    

A person in respect of whom a court makes—

 

(a)    

a sexual risk order (other than one that replaces an interim

 

sexual risk order), or

 

(b)    

an interim sexual risk order,

 

    

must, within the period of 3 days beginning with the date of service of

 

the order, notify to the police the information set out in subsection (2)

 

(unless the person is subject to the notification requirements of this

 

Part on that date).

 

(2)    

The information is—

 

(a)    

the person’s name and, where the person uses one or more

 

other names, each of those names;

 

(b)    

the person’s home address.

 

(3)    

A person who—

 

(a)    

is subject to a sexual risk order or an interim sexual risk order

 

(but is not subject to the notification requirements of this

 

Part), and

 

(b)    

uses a name which has not been notified under this section (or

 

under any other provision of this Part), or changes home

 

address,


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

    

must, within the period of 3 days beginning with the date on which that

 

happens, notify to the police that name or (as the case may be) the new

 

home address.

 

(4)    

Sections 87 (method of notification and related matters) and 91

 

(offences relating to notification) apply for the purposes of this

 

section—

 

(a)    

with references to section 83(1) being read as references to

 

subsection (1) above,

 

(b)    

with references to section 84(1) being read as references to

 

subsection (3) above, and

 

(c)    

with the omission of section 87(2)(b).

 

122G  

 Sexual risk orders and interim sexual risk orders: appeals

 

(1)    

A defendant may appeal to the Crown Court—

 

(a)    

against the making of a sexual risk order;

 

(b)    

against the making of an interim sexual risk order; or

 

(c)    

against the making of an order under section 122D, or the

 

refusal to make such an order.

 

(2)    

On any such appeal, the Crown Court may make such orders as may

 

be necessary to give effect to its determination of the appeal, and may

 

also make such incidental or consequential orders as appear to it to be

 

just.

 

(3)    

Any order made by the Crown Court on an appeal under subsection

 

(1)(a) or (b) (other than an order directing that an application be re-

 

heard by a magistrates’ court) is for the purposes of section 122D(7)

 

or 122E(5) (respectively) to be treated as if it were an order of the court

 

from which the appeal was brought (and not an order of the Crown

 

Court).

 

122H  

 Offence: breach of sexual risk order or interim sexual risk order etc

 

(1)    

A person who, without reasonable excuse, does anything that the

 

person is prohibited from doing by—

 

(a)    

a sexual risk order,

 

(b)    

an interim sexual risk order,

 

(c)    

a risk of sexual harm order,

 

(d)    

an interim risk of sexual harm order,

 

(e)    

an order under section 2 of the Protection of Children and

 

Prevention of Sexual Offences (Scotland) Act 2005 (risk of

 

sexual harm orders in Scotland), or

 

(f)    

an order under section 5 of that Act (interim risk of sexual

 

harm orders in Scotland),

 

    

commits an offence.

 

(2)    

A person commits an offence if, without reasonable excuse, the person

 

fails to comply with a requirement imposed under section 122C(4).

 

(3)    

A person guilty of an offence under this section is liable—

 

(a)    

on summary conviction, to imprisonment for a term not

 

exceeding 6 months or a fine or both;

 

(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding 5 years.


 
 

Notices of Amendments: 8 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(4)    

Where a person is convicted of an offence under this section, it is not

 

open to the court by or before which the person is convicted to make,

 

in respect of the offence, an order for conditional discharge.

 

122I  

 Effect of conviction etc of an offence under section 122H etc

 

(1)    

This section applies to a person (“the defendant”) who—

 

(a)    

is convicted of an offence mentioned in subsection (2);

 

(b)    

is found not guilty of such an offence by reason of insanity;

 

(c)    

is found to be under a disability and to have done the act

 

charged against him in respect of such an offence; or

 

(d)    

is cautioned in respect of such an offence.

 

(2)    

Those offences are—

 

(a)    

an offence under section 122H or 128 of this Act;

 

(b)    

an offence under section 7 of the Protection of Children and

 

Prevention of Sexual Offences (Scotland) Act 2005

 

(contravention of risk of sexual harm order or interim risk of

 

sexual harm order in Scotland).

 

(3)    

Where—

 

(a)    

a defendant was a relevant offender immediately before this

 

section applied to the defendant, and

 

(b)    

the defendant would (apart from this subsection) cease to be

 

subject to the notification requirements of this Part while the

 

relevant order (as renewed from time to time) has effect,

 

    

the defendant remains subject to the notification requirements.

 

(4)    

Where the defendant was not a relevant offender immediately before

 

this section applied to the defendant—

 

(a)    

this section causes the defendant to become subject to the

 

notification requirements of this Part from the time the section

 

first applies to the defendant until the relevant order (as

 

renewed from time to time) ceases to have effect, and

 

(b)    

this Part applies to the defendant, subject to the modification

 

set out in subsection (5).

 

(5)    

The “relevant date” is the date on which this section first applies to the

 

defendant.

 

(6)    

In this section “relevant order” means—

 

(a)    

where the conviction, finding or caution within subsection (1)

 

is in respect of a breach of a sexual risk order or a risk of

 

sexual harm order, that order;

 

(b)    

where the conviction, finding or caution within subsection (1)

 

is in respect of a breach of an interim sexual risk order or an

 

interim risk of sexual harm order, any sexual risk order or risk

 

of sexual harm order made on the hearing of the application to

 

which the interim order relates or, if no such order is made, the

 

interim order.

 

(7)    

In subsection (6) “risk of sexual harm order” and “interim risk of

 

sexual harm order” include orders under sections 2 and 5

 

(respectively) of the Protection of Children and Prevention of Sexual

 

Offences (Scotland) Act 2005.


 
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Revised 9 October 2013