Session 2013 - 14
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Consideration of Bill: 14 October 2013                  

987

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(b)    

in any other case, by complaint.

 

(4)    

Subject to subsections (5) and (6), 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 harm prevention

 

order, that the court considers appropriate.

 

(5)    

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 sexual harm from the defendant, or

 

(b)    

protecting children or vulnerable adults generally, or any

 

particular children or vulnerable adults, from sexual harm

 

from the defendant outside the United Kingdom.

 

    

Any renewed or varied order may contain only such prohibitions as are

 

necessary for this purpose.

 

(6)    

The court must not discharge an order before the end of 5 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.

 

(7)    

Subsection (6) does not apply to an order containing a prohibition on

 

foreign travel and no other prohibitions.

 

(8)    

In this section “the appropriate court” means—

 

(a)    

where the Crown Court or the Court of Appeal made the

 

sexual harm prevention order, the Crown Court;

 

(b)    

where a magistrates’ court made the order, that court, a

 

magistrates’ court for the area in which the defendant resides

 

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

 

any magistrates’ court whose commission area includes any

 

part of the chief officer’s police area;

 

(c)    

where a youth court made the order, 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 whose commission area includes any part of the chief

 

officer’s police area.

 

103F  

Interim SHPOs

 

(1)    

This section applies where an application under section 103A(4) (“the

 

main application”) has not been determined.

 

(2)    

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

 

prevention 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.


 
 

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(3)    

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

 

harm prevention 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 harm prevention order for the order to be

 

varied, renewed or discharged.

 

103G  

SHPOs and interim SHPOs: notification requirements

 

(1)    

Where—

 

(a)    

a sexual harm prevention order is made in respect of a

 

defendant who was a relevant offender immediately before

 

the making of the order, and

 

(b)    

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

 

subject to the notification requirements of this Part while the

 

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

 

    

the defendant remains subject to the notification requirements.

 

(2)    

Where a sexual harm prevention order is made in respect of a

 

defendant who was not a relevant offender immediately before the

 

making of the order—

 

(a)    

the order causes the defendant to become subject to the

 

notification requirements of this Part from the making of the

 

order until the 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 (3).

 

(3)    

The “relevant date” is the date of service of the order.

 

(4)    

Subsections (1) to (3) apply to an interim sexual harm prevention order

 

as if references to a sexual harm prevention order were references to

 

an interim sexual harm prevention order, and with the omission of “(as

 

renewed from time to time)” in both places.

 

(5)    

Where—

 

(a)    

a sexual harm prevention order is in effect in relation to a

 

relevant sex offender (within the meaning of section 88A),

 

and

 

(b)    

by virtue of section 88F or 88G the relevant sex offender

 

ceases to be subject to the notification requirements of this

 

Part,

 

    

the sexual harm prevention order ceases to have effect.

 

(6)    

On an application for a sexual harm prevention order made by a chief

 

officer of police, the court must make a notification order in respect of

 

the defendant (either in addition to or instead of a sexual harm

 

prevention order) if—

 

(a)    

the applicant invites the court to do so, and

 

(b)    

it is proved that the conditions in section 97(2) to (4) are met.


 
 

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(7)    

On an application for an interim sexual harm prevention order made

 

by a chief officer of police, the court may, if it considers it just to do

 

so, make an interim notification order (either in addition to or instead

 

of an interim sexual harm prevention order).

 

103H  

SHPOs and interim SHPOs: appeals

 

(1)    

A defendant may appeal against the making of a sexual harm

 

prevention order—

 

(a)    

where the order was made by virtue of section 103A(2)(a)(i),

 

as if the order were a sentence passed on the defendant for the

 

offence;

 

(b)    

where the order was made by virtue of section 103A(2)(a)(ii)

 

or (iii), as if the defendant had been convicted of the offence

 

and the order were a sentence passed on the defendant for that

 

offence;

 

(c)    

where the order was made on an application under section

 

103A(4), to the Crown Court.

 

(2)    

A defendant may appeal to the Crown Court against the making of an

 

interim sexual harm prevention order.

 

(3)    

A defendant may appeal against the making of an order under section

 

103E, or the refusal to make such an order

 

(a)    

where the application for such an order was made to the

 

Crown Court, to the Court of Appeal;

 

(b)    

in any other case, to the Crown Court.

 

(4)    

On an appeal under subsection (1)(c), (2) or (3)(b), 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.

 

(5)    

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

 

(1)(c) or (2) (other than an order directing that an application be re-

 

heard by a magistrates’ court) is for the purposes of section 103E(8) or

 

103F(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).

 

103I  

Offence: breach of SHPO or interim SHPO etc

 

(1)    

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

 

person is prohibited from doing by—

 

(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, or

 

(e)    

a foreign travel order,

 

    

commits an offence.

 

(2)    

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

 

fails to comply with a requirement imposed under section 103D(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;


 
 

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(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding 5 years.

 

(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.

 

103J  

 SHPOs and interim SHPOs: 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 harm

 

prevention orders and interim sexual harm prevention 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.”

 

Sexual offences prevention orders and foreign travel orders

 

3    (1)  

Sections 104 to 122 (sexual offences prevention orders and foreign travel

 

orders) are repealed.

 

      (2)  

This paragraph extends only to England and Wales.

 

Sexual risk orders

 

4          

Before section 123 there is inserted—

 

“Sexual risk orders (England and Wales)

 

122A  

 Sexual risk orders: applications, grounds and effect

 

(1)    

A chief officer of police or the Director General of the National Crime

 

Agency (“the Director General”) may by complaint to a magistrates’

 

court apply for an order under this section (a “sexual risk order”) in

 

respect of a person (“the defendant”) if it appears to the chief officer

 

or the Director General that the following condition is met.

 

(2)    

The condition is that the defendant has, whether before or after the

 

commencement of this Part, done an act of a sexual nature as a result

 

of which there is reasonable cause to believe that it is necessary for a

 

sexual risk order to be made.

 

(3)    

A chief officer of police may make an application under subsection (1)

 

only in respect of a person—

 

(a)    

who resides in the chief officer’s police area, or

 

(b)    

who the chief officer believes is in that area or is intending to

 

come to it.

 

(4)    

An application under subsection (1) may be made to any magistrates’

 

court whose commission area includes—

 

(a)    

any part of a relevant police area, or

 

(b)    

any place where it is alleged that the person acted in a way

 

mentioned in subsection (2).


 
 

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(5)    

The Director General must as soon as practicable notify the chief

 

officer of police for a relevant police area of any application that the

 

Director has made under subsection (1).

 

(6)    

On an application under subsection (1), the court may make a sexual

 

risk order if it is satisfied that the defendant has, whether before or

 

after the commencement of this Part, done an act of a sexual nature as

 

a result of which it is necessary to make such an order 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.

 

(7)    

Such an order—

 

(a)    

prohibits the defendant from doing anything described in the

 

order;

 

(b)    

has effect for a fixed period (not less than 2 years) specified in

 

the order or until further order.

 

(8)    

A sexual risk order may specify different periods for different

 

prohibitions.

 

(9)    

The only prohibitions that may be imposed are those necessary 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.

 

(10)    

Where a court makes a sexual risk order in relation to a person who is

 

already subject to such an order (whether made by that court or

 

another), the earlier order ceases to have effect.

 

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


 
 

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(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;

 

(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;


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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;

 

(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.


 
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Revised 14 October 2013