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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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| | “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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| | 103E | SHPOs: variations, renewals and discharges |
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| | (1) | A person within subsection (2) may apply to the appropriate court for |
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| | an order varying, renewing or discharging a sexual harm prevention |
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| | (b) | the chief officer of police for the area in which the defendant |
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| | (c) | a chief officer of police who believes that the defendant is in, |
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| | or is intending to come to, that officer’s police area; |
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| | (d) | where the order was made on an application by a chief officer |
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| | of police under section 103A(4), that officer. |
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| | (3) | An application under subsection (1) may be made— |
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| | (a) | where the appropriate court is the Crown Court, in accordance |
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| | (b) | in any other case, by complaint. |
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| | (4) | Subject to subsections (5) and (6), on the application the court, after |
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| | hearing the person making the application and (if they wish to be |
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| | heard) the other persons mentioned in subsection (2), may make any |
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| | order, varying, renewing or discharging the sexual harm prevention |
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| | order, that the court considers appropriate. |
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| | (5) | An order may be renewed, or varied so as to impose additional |
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| | prohibitions on the defendant, only if it is necessary to do so for the |
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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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| | | Any renewed or varied order may contain only such prohibitions as are |
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| | necessary for this purpose. |
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| | (6) | The court must not discharge an order before the end of 5 years |
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| | beginning with the day on which the order was made, without the |
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| | consent of the defendant and— |
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| | (a) | where the application is made by a chief officer of police, that |
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| | (b) | in any other case, the chief officer of police for the area in |
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| | which the defendant resides. |
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| | (7) | Subsection (6) does not apply to an order containing a prohibition on |
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| | foreign travel and no other prohibitions. |
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| | (8) | In this section “the appropriate court” means— |
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| | (a) | where the Crown Court or the Court of Appeal made the |
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| | sexual harm prevention order, the Crown Court; |
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| | (b) | where a magistrates’ court made the order, that court, a |
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| | magistrates’ court for the area in which the defendant resides |
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| | or, where the application is made by a chief officer of police, |
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| | any magistrates’ court whose commission area includes any |
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| | part of the chief officer’s police area; |
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| | (c) | where a youth court made the order, that court, a youth court |
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| | for the area in which the defendant resides or, where the |
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| | application is made by a chief officer of police, any youth |
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| | court whose commission area includes any part of the chief |
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| | (1) | This section applies where an application under section 103A(4) (“the |
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| | main application”) has not been determined. |
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| | (2) | An application for an order under this section (“an interim sexual harm |
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| | (a) | may be made by the complaint by which the main application |
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| | (b) | if the main application has been made, may be made by the |
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| | person who has made that application, by complaint to the |
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| | 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 |
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| | harm prevention order, prohibiting the defendant from doing anything |
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| | (a) | has effect only for a fixed period, specified in the order; |
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| | (b) | ceases to have effect, if it has not already done so, on the |
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| | determination of the main application. |
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| | (5) | The applicant or the defendant may by complaint apply to the court |
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| | that made the interim sexual harm prevention order for the order to be |
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| | varied, renewed or discharged. |
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| | 103G | SHPOs and interim SHPOs: notification requirements |
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| | (a) | a sexual harm prevention order is made in respect of a |
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| | defendant who was a relevant offender immediately before |
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| | the making of the order, and |
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| | (b) | the defendant would (apart from this subsection) cease to be |
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| | subject to the notification requirements of this Part while the |
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| | order (as renewed from time to time) has effect, |
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| | | the defendant remains subject to the notification requirements. |
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| | (2) | Where a sexual harm prevention order is made in respect of a |
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| | defendant who was not a relevant offender immediately before the |
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| | (a) | the order causes the defendant to become subject to the |
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| | notification requirements of this Part from the making of the |
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| | order until the order (as renewed from time to time) ceases to |
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| | (b) | this Part applies to the defendant, subject to the modification |
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| | set out in subsection (3). |
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| | (3) | The “relevant date” is the date of service of the order. |
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| | (4) | Subsections (1) to (3) apply to an interim sexual harm prevention order |
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| | as if references to a sexual harm prevention order were references to |
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| | an interim sexual harm prevention order, and with the omission of “(as |
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| | renewed from time to time)” in both places. |
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| | (a) | a sexual harm prevention order is in effect in relation to a |
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| | relevant sex offender (within the meaning of section 88A), |
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| | (b) | by virtue of section 88F or 88G the relevant sex offender |
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| | ceases to be subject to the notification requirements of this |
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| | | the sexual harm prevention order ceases to have effect. |
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| | (6) | On an application for a sexual harm prevention order made by a chief |
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| | officer of police, the court must make a notification order in respect of |
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| | the defendant (either in addition to or instead of a sexual harm |
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| | (a) | the applicant invites the court to do so, and |
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| | (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 |
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| | by a chief officer of police, the court may, if it considers it just to do |
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| | so, make an interim notification order (either in addition to or instead |
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| | of an interim sexual harm prevention order). |
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| | 103H | SHPOs and interim SHPOs: appeals |
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| | (1) | A defendant may appeal against the making of a sexual harm |
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| | (a) | where the order was made by virtue of section 103A(2)(a)(i), |
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| | as if the order were a sentence passed on the defendant for the |
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| | (b) | where the order was made by virtue of section 103A(2)(a)(ii) |
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| | or (iii), as if the defendant had been convicted of the offence |
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| | and the order were a sentence passed on the defendant for that |
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| | (c) | where the order was made on an application under section |
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| | 103A(4), to the Crown Court. |
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| | (2) | A defendant may appeal to the Crown Court against the making of an |
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| | interim sexual harm prevention order. |
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| | (3) | A defendant may appeal against the making of an order under section |
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