Anti-social Behaviour, Crime and Policing Bill (HL Bill 66)

(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
5from 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
10consent 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) 15Subsection (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) 20where 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) 25where 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 30Interim 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) 35may 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) 40The 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) 45ceases 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) 5Where—

(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
10subject 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
15making 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) 20this 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
25references 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),
30and

(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) 35On 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) 40it 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 45SHPOs 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)
5or (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) 10A 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
15Crown 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
20consequential 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
25court 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) 30a 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,

35commits 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) 40on 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
45open 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
5prevention 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
10Secretary 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.

15Sexual 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
20Agency (“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
25commencement 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) 30who 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) 35any 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
40Director 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
5from 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) 10prohibits 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
15prohibitions.

(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) 20protecting 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
25another), 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
  30harm 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
  35physical 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) 40where 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
45person 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) 5a 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) 10a 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) 15A 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) 20Any 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) 25a 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
30organisation.

(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
35country 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) 40A 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) 45the 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) 5Subject 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) 10An 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) 15protecting 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) 20The 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) 25in 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) 30a 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 35 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) 40may 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) 45The 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) 5The 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) 10A 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
15of 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—

(a) the person’s name and, where the person uses one or more
20other 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
25Part), 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
30that 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) 35with 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 40 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
45refusal 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) 5Any 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
10Crown 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) 15an 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
20sexual harm orders in Scotland), or

(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
25person 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) 30on 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 35 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
40charged 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
45Prevention 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
5subject 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) 10this 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
15set 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)
20is in respect of a breach of a sexual risk order or a risk of
sexual harm order, that order;

(b) where the conviction, finding or caution within subsection (1)
is in respect of a breach of an interim sexual risk order or an
interim risk of sexual harm order, any sexual risk order or
25risk of sexual harm order made on the hearing of the
application to which the interim order relates or, if no such
order is made, the interim order.

(7) In subsection (6) “risk of sexual harm order” and “interim risk of
sexual harm order” include orders under sections 2 and 5
30(respectively) of the Protection of Children and Prevention of Sexual
Offences (Scotland) Act 2005.

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
35to 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
40revised 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.