Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

(iii) each clinical commissioning group established under section
14V of the National Health Service Act 2006 whose area is
wholly or partly within that local government area;

(b) in relation to a local government area in Wales—

(i) 5the council for the area,

(ii) the chief officer of police for the police area which that local
government area is within, and

(iii) each Local Health Board whose area is wholly or partly
within that local government area.

10Part 3 ASB case reviews

Consultation and co-operation: local providers of social housing

6 (1) The relevant bodies in a local government area must consult such local
providers of social housing as they consider appropriate in carrying out ASB
15case reviews.

(2) The local providers of social housing must co-operate with the relevant
bodies in the local government area in any matters specified by the relevant
bodies that concern ASB case reviews.

Information

7 (1) 20The relevant bodies in a local government area may request any person to
disclose information for a purpose connected with the carrying out of an
ASB case review.

(2) If such a request is made to a person that exercises public functions, and that
person possesses the requested information in connection with the exercise
25of such functions, the person must (subject to sub-paragraph (4)) comply
with the request.

(3) If such a request is made to a person who is not required by sub-paragraph
(2) to disclose the requested information, the person may (subject to sub-
paragraph (4)) comply with the request.

(4) 30This paragraph does not require or authorise—

(a) a disclosure, in contravention of any provisions of the Data
Protection Act 1998, of personal data which are not exempt from
those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of
35Investigatory Powers Act 2000.

(5) Subject to that, a disclosure under this paragraph does not breach—

(a) any obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information (however
40imposed).

Part 4 General

Joint review procedures or co-option arrangements

8 (1) The relevant bodies in two or more local government areas—

(a) 5may jointly make review procedures applicable to those areas;

(b) must secure that such jointly-made review procedures are in place if
co-option arrangements applicable to those areas have been jointly
made under sub-paragraph (2).

(2) The responsible authorities in two or more local government areas—

(a) 10may jointly make co-option arrangements applicable to those areas;

(b) must secure that such jointly-made co-option arrangements are in
place if review procedures applicable to those areas have been jointly
made under sub-paragraph (1).

(3) In a case where review procedures or co-option arrangements are made
15jointly in accordance with this paragraph, a reference to any of the following
in section 103, section 104 or this Schedule is to be read accordingly—

(a) the relevant bodies (in the case of review procedures) or the
responsible authorities (in the case of co-option arrangements);

(b) the local government area or the relevant police area (in either case).

20Different review procedures or co-option arrangements for different parts of an area etc

9 (1) Review procedures may make different provision in relation to different
parts of a local government area.

(2) Review procedures or co-option arrangements made jointly in accordance
with paragraph 8 may make different provision in relation to—

(a) 25different local government areas to which the procedures or
arrangements are applicable, or

(b) different parts of such areas.

Section 112

SCHEDULE 5 Amendments of Parts 2 and 3 of the Sexual Offences Act 2003

30Introduction

1 Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended
as set out in paragraphs 2 to 6.

Sexual harm prevention orders

2 After section 103 there is inserted—

“Sexual harm prevention orders (England and Wales)

103A Sexual harm prevention orders: applications and grounds

(1) 5A 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) 10an 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
15respect 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
20the 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) 25This 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
30appropriate 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
35any 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’
40court 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
45such 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
5come to it.

(6) An application under subsection (4) may be made to any
magistrates’ court acting for a local justice area that includes—

(a) any part of a relevant police area, or

(b) any place where it is alleged that the person acted in a way
10mentioned 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) Where the defendant is a child, a reference in this section to a
15magistrates’ court is to be taken as referring to a youth court (subject
to any rules of court made under section 103K(1)).

(9) In this section “relevant police area” means—

(a) where the applicant is a chief officer of police, the officer’s
police area;

(b) 20where 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 25Section 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
  30subsection (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)

  35by 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
  40Schedule 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
  45psychological 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) 5has 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) 10A 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—

(a) the person has been convicted of a relevant offence (whether
or not the person has been punished for it),

(b) 15a 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
20disability 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
25concerned, 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
30country 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) 35Subject 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
40concerned, 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
45applicant 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
5section 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
10anything 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

(b) until further order.

(3) 15A 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
20prevention 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
25from 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
30that 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) 35a 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) 40a 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) 5within 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
10another 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) 15a 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
20Immigration 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)
25instead 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) 30The 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,
35or 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
40accordance with rules of court;

(b) in any other case, by complaint.

(4) Subject to subsections (5) and (7), 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
45order, 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
5from 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
10are necessary for this purpose.

(6) In subsection (5) “the public”, “sexual harm”, “child” and
“vulnerable adult” each has the meaning given in section 103B(1).

(7) 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
15consent 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.

(8) 20Subsection (7) does not apply to an order containing a prohibition on
foreign travel and no other prohibitions.

(9) 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) 25where an adult magistrates’ court made the order, that court,
an adult magistrates’ court for the area in which the
defendant resides or, where the application is made by a chief
officer of police, any adult magistrates’ court acting for a local
justice area that includes any part of the chief officer’s police
30area;

(c) where a youth court made the order and the defendant is
under the age of 18, 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 acting for a
35local justice area that includes any part of the chief officer’s
police area;

(d) where a youth court made the order and the defendant is
aged 18 or over, an adult magistrates’ court for the area in
which the defendant resides or, where the application is
40made by a chief officer of police, any adult magistrates’ court
acting for a local justice area that includes any part of the
chief officer’s police area.

In this subsection “adult magistrates’ court” means a magistrates’
court that is not a youth court.

103F 45Interim 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
5court 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) 10has 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
15be 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
20the making of the order, and

(b) the defendant would (apart from this subsection) cease to be
subject to the notification requirements of this Part while the
order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(2) 25Where 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
30order 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) 35Subsections (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) 40a 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
45Part,

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) 5the 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
10instead 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),
15as 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
20that 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) 25A defendant may appeal against the making of an order under
section 103E, or the refusal to make such an order—

(a) where the application for such an order was made to the
Crown Court, to the Court of Appeal;

(b) in any other case, to the Crown Court.

(4) 30On 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
35(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(9)
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 40Offence: 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) 45a sexual offences prevention order,

(d) an interim sexual offences prevention order, or

(e) a foreign travel order,