House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 8 October 2013
866

Anti-social Behaviour, Crime and Policing Bill, continued

122J
Sexual risk orders and interim sexual risk orders: guidance

(1)
The Secretary of State must issue guidance to chief officers of police

and to the Director General of the National Crime Agency in relation

to the exercise by them of their powers with regard to sexual risk

orders and interim sexual risk orders.

(2)
The Secretary of State may, from time to time, revise the guidance

issued under subsection (1).

(3)
The Secretary of State must arrange for any guidance issued or revised

under this section to be published in such manner as the Secretary of

State considers appropriate.”

Risk of sexual harm orders

5    (1)
Sections 123 to 129 (risk of sexual harm orders) are repealed.

      (2)
This paragraph extends only to England and Wales.

Application etc of orders

6
After section 136 there is inserted—

“136ZA
  Application of orders throughout the United Kingdom

(1)
In this section “relevant order” means—

(a)
a sexual harm prevention order;

(b)
an interim sexual harm prevention order;

(c)
a sexual offences prevention order;

(d)
an interim sexual offences prevention order;

(e)
a foreign travel order;

(f)
a sexual risk order;

(g)
an interim sexual risk order;

(h)
a risk of sexual harm order;

(i)
an interim risk of sexual harm order;

(j)
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);

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

harm orders in Scotland).

(2)
For the purposes of sections 103I, 113, 122, 122H and 128,

prohibitions imposed by a relevant order made in one part of the

United Kingdom apply (unless expressly confined to particular

localities) throughout that and every other part of the United Kingdom.

136ZB
  Order ceases to have effect when new order made

(1)
Where a court in England and Wales makes an order listed in the first

column of the following Table in relation to a person who is already

subject to an order listed opposite it in the second column, the earlier

order ceases to have effect (whichever part of the United Kingdom it

was made in) unless the court orders otherwise.

Notices of Amendments: 8 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

New order
Earlier order

Sexual harm prevention
—sexual offences prevention

order
order;

—foreign travel order.

Sexual risk order
—risk of sexual harm order;

—foreign travel order.

(2)
Where a court in Northern Ireland or Scotland makes an order listed in

the first column of the following Table in relation to a person who is

already subject to an order or prohibition listed opposite it in the

second column, the earlier order or prohibition ceases to have effect

(even though it was made or imposed by a court in England and

Wales) unless the court orders otherwise.

New order
Earlier order or prohibition

Sexual offences prevention
—sexual harm prevention

order
order not containing a prohib-

ition on foreign travel;

—in the case of a sexual harm

prevention order containing a

prohibition on foreign travel,

each of its other prohibitions.

Foreign travel order
—prohibition on foreign

travel contained in a sexual

harm prevention order.

Risk of sexual harm order
—sexual risk order not

containing a prohibition on

foreign travel;

—in the case of a sexual risk

order containing a prohibition

on foreign travel, each of its

other prohibitions.

(3)
In this section—

(a)
“court”, in Scotland, includes sheriff;

(b)
“risk of sexual harm order” includes an order under section 2

of the Protection of Children and Prevention of Sexual

Offences (Scotland) Act 2005.”’.

Secretary Theresa May

92

Clause  151,  page  120,  line  11,  at end insert—

‘( )
section [Saving and transitional provision];’.

Secretary Theresa May

93

Clause  151,  page  120,  line  31,  at end insert—

Notices of Amendments: 8 October 2013
868

Anti-social Behaviour, Crime and Policing Bill, continued

‘( )
section [Sexual harm prevention orders and sexual risk orders, etc] and

Schedule [Amendments of Part 2 of the Sexual Offences Act 2003];’.

Secretary Theresa May

94

Schedule  8,  page  161,  line  8,  at end insert—

‘Part 1A

Amendments relating to Part 8A

Criminal Procedure (Scotland) Act 1995 (c. 46)


In section 19AA of the Criminal Procedure (Scotland) Act 1995 (samples etc

from sex offenders), in subsection (1)(c), after “an order under section” there

is inserted “122A or”.


In section 19AB of that Act (supplementary provision in risk of sexual harm

order cases), in subsection (7), at the end of the definition of “risk of sexual

harm order” there is inserted—

“and also includes an order under section 122A of the 2003 Act

(sexual risk orders);”.

Police Act 1997 (c. 50)

    (1)
Section 113CA of the Police Act 1997 (suitability information relating to

children) is amended as follows.

      (2)
After paragraph (f) of subsection (2) there is inserted—

“(fa)
if a sexual harm prevention order, made under section 103A

of the Sexual Offences Act 2003, is in effect in respect of the

applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which the prohibitions have effect by

virtue of section 103C(2) or 103D(1) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 103E(5) of that Act;

(fb)
if an interim sexual harm prevention order, made under

section 103F of the Sexual Offences Act 2003, is in effect in

respect of the applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which that order has effect by virtue of

section 103F(4) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 103F(5) of that Act;”.

      (2)
After paragraph (i) of that subsection there is inserted—

“(ia)
if a sexual risk order, made under section 122A of the Sexual

Offences Act 2003, is in effect in respect of the applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which the prohibitions have effect by

virtue of section 122A(7) or 122C(1) of that Act;

Notices of Amendments: 8 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

(iv)
details as to whether the order has been varied or

renewed under section 122D(4) of that Act;

(ib)
if an interim sexual risk order, made under section 122E of the

Sexual Offences Act 2003, is in effect in respect of the

applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which that order has effect by virtue of

section 122E(4) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 122E(5) of that Act;”.

    (1)
Section 113CB of that Act (suitability information relating to protected adults)

is amended as follows.

      (2)
After paragraph (f) of subsection (2) there is inserted—

“(fa)
if a sexual harm prevention order, made under section 103A

of the Sexual Offences Act 2003, is in effect in respect of the

applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which the prohibitions have effect by

virtue of section 103C(2) or 103D(1) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 103E(5) of that Act;

(fb)
if an interim sexual harm prevention order, made under

section 103F of the Sexual Offences Act 2003, is in effect in

respect of the applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which that order has effect by virtue of

section 103F(4) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 103F(5) of that Act;”.

      (2)
After paragraph (i) of that subsection there is inserted—

“(ia)
if a sexual risk order, made under section 122A of the Sexual

Offences Act 2003, is in effect in respect of the applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which the prohibitions have effect by

virtue of section 122A(7) or 122C(1) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 122D(4) of that Act;

(ib)
if an interim sexual risk order, made under section 122E of the

Sexual Offences Act 2003, is in effect in respect of the

applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which that order has effect by virtue of

section 122E(4) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 122E(5) of that Act;”.

Notices of Amendments: 8 October 2013
870

Anti-social Behaviour, Crime and Policing Bill, continued

Crime and Disorder Act 1998 (c. 37)

    (1)
Section 8 of the Crime and Disorder Act 1998 (parenting orders) is amended

as follows.

      (2)
For “sexual offences prevention order” there is substituted “sexual harm

prevention order”—

(a)
in subsection (1)(b);

(b)
in subsection (6)(a).

      (3)
For subsection (9) there is substituted—

“(9)
In this section “sexual harm prevention order” means an order under

section 103A of the Sexual Offences Act 2003 (sexual harm

prevention orders).”

Sexual Offences Act 2003 (c. 42)


In section 88 of the Sexual Offences Act 2003 (section 87: interpretation), in

subsection (4)(c), after “interim notification order,” there is inserted “sexual

harm prevention order, interim sexual harm prevention order,”.


In section 89 of that Act (young offenders: parental directions), in the Table in

subsection (1), after “interim notification order,” there is inserted “sexual harm

prevention order, interim sexual harm prevention order,”.


In section 91A of that Act (review of indefinite notification requirements:

qualifying young offender), in subsection (2)(b), after “not subject to” there is

inserted “a sexual harm prevention order under section 103A, an interim

sexual harm prevention order under section 103F,”.


In the cross-heading before section 104 of that Act (sexual offences prevention

orders: application and grounds), after “orders” there is inserted “(Scotland

and Northern Ireland)”.


In section 108 of that Act (SOPOs: variations, renewals and discharges), in

subsection (8)(b) the words “2 or” and “England and Wales or” are omitted.


In section 109 of that Act (interim SOPOs), in subsection (7)(a) the words “2A

or” and “England and Wales or” are omitted.

    (1)
Section 110 of that Act (SOPO and interim SOPOs: appeals) is amended as

follows.

      (2)
For the heading there is substituted “Appeals in relation to SOPOs and

interim SOPOs: Northern Ireland”.

      (3)
In subsections (1)(c), (2) and (3)(b), for “the Crown Court” there is substituted

“a county court”.

      (4)
In subsection (4), for “the Crown Court” there is substituted “the county

court”.

      (5)
For subsection (5) there is substituted—

“(5)
Any order made by a county court on an appeal under subsection (1)(c)

or (2) (other than an order directing that an application be re-heard by

a court of summary jurisdiction) is for the purposes of section 108(7)

or 109(6) (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 county

court).”

    (1)
Section 113 of that Act (offence: breach of SOPO or interim SOPO) is

amended as follows.

      (2)
In the heading, at the end there is inserted “etc”.

      (3)
In subsection (1), in paragraph (d) the words “2, 2A or” and “in England and

Wales and” are omitted.

Notices of Amendments: 8 October 2013
871

Anti-social Behaviour, Crime and Policing Bill, continued

      (4)
After that subsection there is inserted—

“(1A)
A person commits an offence if, without reasonable excuse, he

contravenes a prohibition imposed by—

(a)
a sexual harm prevention order, or

(b)
an interim sexual harm prevention order,


other than a prohibition on foreign travel.”


In the cross-heading before section 114 of that Act (foreign travel orders:

applications and grounds), after “orders” there is inserted “(Scotland and

Northern Ireland)”.

    (1)
Section 117A of that Act (foreign travel orders: surrender of passports) is

amended as follows.

      (2)
For the heading there is substituted “Surrender of passports: Northern

Ireland”.

      (3)
In subsection (2), after “at a police station” there is inserted “in Northern

Ireland”.

      (4)
In subsection (3), at the end there is inserted “(unless the person is subject to

an equivalent prohibition under another order)”.


In section 117B of that Act (surrender of passports: Scotland), at the end of

subsection (3) there is inserted “(unless the person is subject to an equivalent

prohibition under another order)”.

    (1)
Section 119 of that Act (foreign travel orders: appeals) is amended as follows.

      (2)
For the heading there is substituted “Appeals in relation to foreign travel

orders: Northern Ireland”.

      (3)
In subsection (1), for “the Crown Court” there is substituted “a county court”.

      (4)
In subsection (2), for “the Crown Court” there is substituted “the county

court”.

      (5)
For subsection (3) there is substituted—

“(3)
Any order made by a county court on an appeal under subsection (1)(a)

(other than an order directing that an application be re-heard by a court

of summary jurisdiction) is for the purposes of section 118(5) to be

treated as if it were an order of the court from which the appeal was

brought (and not an order of the county court).”

    (1)
Section 122 (offence: breach of foreign travel order) is amended as follows.

      (2)
In the heading, at the end there is inserted “etc”.

      (3)
In subsection (1)—

(a)
for “excuse, he” there is substituted “excuse—

(a)
he”;

(b)
at the end there is inserted “, or

(b)
he contravenes a prohibition on foreign travel

imposed by a sexual harm prevention order.”

      (4)
In subsection (1B)(a) the words “England and Wales and” are omitted.


In the cross-heading before section 123 of that Act, after “orders” there is

inserted “(Northern Ireland)”.

    (1)
Section 123 of that Act (risk of sexual harm orders: application, grounds and

effect) is amended as follows.

      (2)
In subsection (1)—

(a)
for “A chief officer of police” there is substituted “The Chief

Constable of the Police Service of Northern Ireland”;

(b)
for “a magistrates’ court” there is substituted “a court of summary

jurisdiction”;

Notices of Amendments: 8 October 2013
872

Anti-social Behaviour, Crime and Policing Bill, continued

(c)
for “his police area” (in both places) there is substituted “Northern

Ireland”;

(d)
for “the chief officer” (in both places) there is substituted “the Chief

Constable”.

      (3)
Subsection (2) is repealed.

    (1)
Section 125 (RSHOs: variation, renewals and discharges) is amended as

follows.

      (2)
In subsection (2), for paragraphs (b) to (d) there is substituted—

“(b)
the Chief Constable of the Police Service of Northern

Ireland.”

      (3)
In subsection (3), for “and (if they wish to be heard) the other persons

mentioned in subsection (2)” there is substituted “, and the other person

mentioned in subsection (2) (if that person wishes to be heard)”.

      (4)
In subsection (5), for the words after “without the consent of the defendant

and” there is substituted “the Chief Constable of the Police Service of Northern

Ireland”.

      (5)
In subsection (7), for paragraphs (b) and (c) there is inserted—

“(b)
a court of summary jurisdiction for the petty sessions district

which includes the area where the defendant resides;

(c)
where the application is made by the Chief Constable of the

Police Service of Northern Ireland, any court of summary

jurisdiction.”


In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has

made that application” there is substituted “the Chief Constable of the Police

Service of Northern Ireland”.

    (1)
Section 127 (RSHOs and interim RSHOs) is amended as follows.

      (2)
In subsection (1), for “the Crown Court” there is substituted “a county court”.

      (3)
In subsection (2), for “the Crown Court” there is substituted “the county

court”.

      (4)
For subsection (3) there is substituted—

“(3)
Any order made by a county court on an appeal under subsection (1)(a)

or (b) (other than an order directing that an application be re-heard by

a court of summary jurisdiction) is for the purposes of section 125(7)

or 126(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 county

court).”

    (1)
Section 128 (offence: breach of RSHO or interim RSHO) is amended as

follows.

      (2)
In the heading, after “interim RSHO” there is inserted “etc”.

      (3)
For subsections (1) and (1A) there is substituted—

“(1)
A person who, without reasonable excuse, does anything that the

person is prohibited from doing by—

(a)
a risk of sexual harm order,

(b)
an interim risk of sexual harm order,

(c)
a sexual risk order,

(d)
an interim sexual risk 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



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