House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

Report Stage Proceedings: 14 October 2013
275

Anti-social Behaviour, Crime and Policing Bill, continued

(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;

(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.

Report Stage Proceedings: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

      (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).

(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.

Report Stage Proceedings: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

(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

(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

Report Stage Proceedings: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

(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;

(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.

Report Stage Proceedings: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

(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.

(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—

Report Stage Proceedings: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

(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,


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

Report Stage Proceedings: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

(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.

(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;



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