House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 14 October 2013
268

Anti-social Behaviour, Crime and Policing Bill, continued

“Sexual harm prevention orders (England and Wales)

103A
Sexual harm prevention orders: applications and grounds

(1)
A court may make an order under this section (a “sexual harm

prevention order”) in respect of a person (“the defendant”) where

subsection (2) or (3) applies to the defendant.

(2)
This subsection applies to the defendant where—

(a)
the court deals with the defendant in respect of—

(i)
an offence listed in Schedule 3 or 5, or

(ii)
a finding that the defendant is not guilty of an offence

listed in Schedule 3 or 5 by reason of insanity, or

(iii)
a finding that the defendant is under a disability and

has done the act charged against the defendant in

respect of an offence listed in Schedule 3 or 5,


and

(b)
the court is satisfied that it is necessary to make a sexual harm

prevention order, for the purpose of—

(i)
protecting the public or any particular members of the

public from sexual harm from the defendant, or

(ii)
protecting children or vulnerable adults generally, or

any particular children or vulnerable adults, from

sexual harm from the defendant outside the United

Kingdom.

(3)
This subsection applies to the defendant where—

(a)
an application under subsection (4) has been made in respect

of the defendant and it is proved on the application that the

defendant is a qualifying offender, and

(b)
the court is satisfied that the defendant’s behaviour since the

appropriate date makes it necessary to make a sexual harm

prevention order, for the purpose of—

(i)
protecting the public or any particular members of the

public from sexual harm from the defendant, or

(ii)
protecting children or vulnerable adults generally, or

any particular children or vulnerable adults, from

sexual harm from the defendant outside the United

Kingdom.

(4)
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 a sexual harm prevention order in respect of a person

if it appears to the chief officer or the Director General that—

(a)
the person is a qualifying offender, and

(b)
the person has since the appropriate date acted in such a way

as to give reasonable cause to believe that it is necessary for

such an order to be made.

(5)
A chief officer of police may make an application under subsection (4)

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.

Report Stage Proceedings: 14 October 2013
269

Anti-social Behaviour, Crime and Policing Bill, continued

(6)
An application under subsection (4) 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 (4)(b).

(7)
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 (4).

(8)
In this 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—

(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.

103B
Section 103A: supplemental

(1)
In section 103A—

“appropriate date”, in relation to a qualifying offender, means the date or

(as the case may be) the first date on which the offender was convicted,

found or cautioned as mentioned in subsection (2) or (3) below;

“child” means a person under 18;

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

“sexual harm” from a person means physical or psychological harm

caused—

(a)
by the person committing one or more offences listed in

Schedule 3, or

(b)
(in the context of harm outside the United Kingdom) by the

person doing, outside the United Kingdom, anything which

would constitute an offence listed in Schedule 3 if done in any

part of the United Kingdom;

“qualifying offender” means a person within subsection (2) or (3) below;

“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)
A person is within this subsection if, whether before or after the

commencement of this Part, the person—

(a)
has been convicted of an offence listed in Schedule 3 (other

than at paragraph 60) or in Schedule 5,

(b)
has been found not guilty of such an offence by reason of

insanity,

(c)
has been found to be under a disability and to have done the

act charged against him in respect of such an offence, or

(d)
has been cautioned in respect of such an offence.

(3)
A person is within this subsection if, under the law in force in a

country outside the United Kingdom and whether before or after the

commencement of this Part—

Report Stage Proceedings: 14 October 2013
270

Anti-social Behaviour, Crime and Policing Bill, continued

(a)
the person has been convicted of a relevant offence (whether

or not the person has been punished for it),

(b)
a court exercising jurisdiction under that law has made in

respect of a relevant offence a finding equivalent to a finding

that the person is not guilty by reason of insanity,

(c)
such a court has made in respect of a relevant offence a finding

equivalent to a finding that the person is under a disability and

did the act charged against the person in respect of the offence,

or

(d)
the person has been cautioned in respect of a relevant offence.

(4)
In subsection (3), “relevant offence” means an act which—

(a)
constituted an offence under the law in force in the country

concerned, and

(b)
would have constituted an offence listed in Schedule 3 (other

than at paragraph 60) or in Schedule 5 if it had been done in

any part of the United Kingdom.


For this purpose an act punishable under the law in force in a country

outside the United Kingdom constitutes an offence under that law,

however it is described in that law.

(5)
For the purposes of section 103A, acts, behaviour, convictions and

findings include those occurring before the commencement of this

Part.

(6)
Subject to subsection (7), on an application under section 103A(4) the

condition in subsection (4)(b) above (where relevant) is to be taken as

met unless, not later than rules of court may provide, the defendant

serves on the applicant a notice—

(a)
stating that, on the facts as alleged with respect to the act

concerned, the condition is not in the defendant’s opinion met,

(b)
showing the grounds for that opinion, and

(c)
requiring the applicant to prove that the condition is met.

(7)
The court, if it thinks fit, may permit the defendant to require the

applicant to prove that the condition is met without service of a notice

under subsection (6).

(8)
Subsection (9) applies for the purposes of section 103A and this

section.

(9)
In construing any reference to an offence listed in Schedule 3, any

condition subject to which an offence is so listed that relates—

(a)
to the way in which the defendant is dealt with in respect of an

offence so listed or a relevant finding (as defined by section

132(9)), or

(b)
to the age of any person,


is to be disregarded.

103C
SHPOs: effect

(1)
A sexual harm prevention order prohibits the defendant from doing

anything described in the order.

(2)
Subject to section 103D(1), a prohibition contained in a sexual harm

prevention order has effect—

(a)
for a fixed period, specified in the order, of at least 5 years, or

Report Stage Proceedings: 14 October 2013
271

Anti-social Behaviour, Crime and Policing Bill, continued

(b)
until further order.

(3)
A sexual harm prevention order—

(a)
may specify that some of its prohibitions have effect until

further order and some for a fixed period;

(b)
may specify different periods for different prohibitions.

(4)
The only prohibitions that may be included in a sexual harm

prevention order are those necessary 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.

(5)
In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable

adult” each has the meaning given in section 103B(1).

(6)
Where a court makes a sexual harm prevention 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.

103D
SHPOs: prohibitions on foreign travel

(1)
A prohibition on foreign travel contained in a sexual harm prevention

order must be for a fixed period of not 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 103E.

(4)
A sexual harm prevention 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 harm

prevention order containing a prohibition within subsection (2)(c)

(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;

Report Stage Proceedings: 14 October 2013
272

Anti-social Behaviour, Crime and Policing Bill, continued

(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.

103E
SHPOs: variations, renewals and discharges

(1)
A person within subsection (2) may apply to the appropriate court for

an order varying, renewing or discharging a sexual harm prevention

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 under section 103A(4), that officer.

(3)
An application under subsection (1) may be made—

(a)
where the appropriate court is the Crown Court, in accordance

with rules of court;

(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

Report Stage Proceedings: 14 October 2013
273

Anti-social Behaviour, Crime and Policing Bill, continued

(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.

(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.

Report Stage Proceedings: 14 October 2013
274

Anti-social Behaviour, Crime and Policing Bill, continued

(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.

(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—



© Parliamentary copyright	Revised 15 October 2013