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

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) 5A 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) 10Where 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
15and 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) 20The 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.

103K SHPOs and interim SHPOs: supplementary

(1) Rules of court—

(a) 25may provide for a youth court to give permission for an
application under section 103A(4) against a person aged 18 or
over to be made to the youth court if—

(i) an application to the youth court has been made, or is
to be made, under that section against a person aged
30under 18, and

(ii) the youth court thinks that it would be in the interests
of justice for the applications to be heard together;

(b) may, in relation to a person attaining the age of 18 after
proceedings against that person by virtue of section 103A,
35103E, 103F or 103G(6) or (7) have begun—

(i) prescribe circumstances in which the proceedings
may or must remain in the youth court;

(ii) make provision for the transfer of the proceedings
from the youth court to a magistrates’ court that is not
40a youth court (including provision applying section
103F with modifications).

(2) A person’s age is treated for the purposes of sections 103A to 103J
and this section as being that which it appears to the court to be after
considering any available evidence.”

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.

5Sexual 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
10Agency (“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
15commencement 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) 20who 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 acting for a local justice area that includes—

(a) 25any 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
30Director 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
35purpose 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
40defendant 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.

(9) 5The 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
10particular 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 15 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;

• 20“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
  25otherwise.

(2) Where the defendant is a child, a reference in that section to a
magistrates’ court is to be taken as referring to a youth court (subject
to any rules of court made under section 122K(1)).

(3) In that section “relevant police area” means—

(a) 30where 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,
35or

(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
40not 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
45Kingdom 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
5time) 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

(b) 10within 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) 15Subsection (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
20organisation 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) 25a 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 30 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) 35the 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) 40where 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
45order, 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
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.

Any renewed or varied order may contain only such prohibitions as
10are necessary for this purpose.

(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
15chief 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) 20where an adult magistrates’ court made the sexual risk order,
that court, any 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
25police area;

(b) 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
30local justice area that includes any part of the chief officer’s
police area;

(c) 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
35made 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.

122E 40 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) 45may 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) 5has 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,
10renewed 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
15sexual 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
20this Part on that date).

(2) The information is—

(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) 25A 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
30(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) 35Sections 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) 40with 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) 45against 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
5may 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)
10or 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
15person 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) 20an 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

(f) an order under section 5 of that Act (interim risk of sexual
harm orders in Scotland),

25commits 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) 30on 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
35open 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) 40is 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) 45an 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) 5Where—

(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
10relevant 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
15notification 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) 20The “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
25sexual 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
risk of sexual harm order made on the hearing of the
30application 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
(respectively) of the Protection of Children and Prevention of Sexual
35Offences (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
to the exercise by them of their powers with regard to sexual risk
40orders 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
revised under this section to be published in such manner as the
45Secretary of State considers appropriate.

122K Sexual risk orders and interim sexual risk orders: supplementary

(1) Rules of court—

(a) may provide for a youth court to give permission for an
application under section 122A against a person aged 18 or
over to be made to the youth court if—

(i) an application to the youth court has been made, or is
5to be made, under that section against a person aged
under 18, and

(ii) the youth court thinks that it would be in the interests
of justice for the applications to be heard together;

(b) may, in relation to a person attaining the age of 18 after
10proceedings against that person by virtue of section 122A,
122D or 122E have begun—

(i) prescribe circumstances in which the proceedings
may or must remain in the youth court;

(ii) make provision for the transfer of the proceedings
15from the youth court to a magistrates’ court that is not
a youth court (including provision applying section
122E with modifications).

(2) A person’s age is treated for the purposes of sections 122A to 122J
and this section as being that which it appears to the court to be after
20considering any available evidence.”

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.

Application etc of orders

6 25After section 136 there is inserted—

“136ZA Application of orders throughout the United Kingdom

(1) In this section “relevant order” means—

(a) a sexual harm prevention order;

(b) an interim sexual harm prevention order;

(c) 30a sexual offences prevention order;

(d) an interim sexual offences prevention order;

(e) a foreign travel order;

(f) a sexual risk order;

(g) an interim sexual risk order;

(h) 35a risk of sexual harm order;

(i) an interim risk of sexual harm order;

(j) 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);

(k) 40an order under section 5 of that Act (interim risk of sexual
harm orders in Scotland).

(2) For the purposes of sections 103I, 113, 122, 122H and 128,
prohibitions imposed by a relevant order made in one part of the
United Kingdom apply (unless expressly confined to particular

localities) throughout that and every other part of the United
Kingdom.

136ZB Order ceases to have effect when new order made

(1) Where a court in England and Wales makes an order listed in the first
5column of the following Table in relation to a person who is already
subject to an order listed opposite it in the second column, the earlier
order ceases to have effect (whichever part of the United Kingdom it
was made in) unless the court orders otherwise.

(2) Where a court in Northern Ireland or Scotland makes an order listed
in the first column of the following Table in relation to a person who
is already subject to an order or prohibition listed opposite it in the
second column, the earlier order or prohibition ceases to have effect
20(even though it was made or imposed by a court in England and
Wales) unless the court orders otherwise.

(3) In this section—

(a) “court”, in Scotland, includes sheriff;

(b) 45“risk of sexual harm order” includes an order under section 2
of the Protection of Children and Prevention of Sexual
Offences (Scotland) Act 2005.

136ZC Variation of sexual harm prevention order by court in Northern
Ireland

(1) 50This section applies where a sexual harm prevention order has been
made in respect of a person who now—

(a) is residing in Northern Ireland, or

(b) is in or is intending to come to Northern Ireland.

(2) An application may be made to the appropriate court in Northern
55Ireland—

(a) by the defendant, or

(b) by the Chief Constable,

for an order varying the sexual harm prevention order.

(3) An application under subsection (2) may be made—

(a) 60where the appropriate court is the Crown Court, in
accordance with rules of court;

(b) in any other case, by complaint.

(4) Subject to subsections (5) and (6), on the application the court, after
hearing the person making the application and the other person
65mentioned in subsection (2) (if that person wishes to be heard), may
make any order varying the sexual harm prevention order that the
court considers appropriate.

(5) An order may be varied so as to impose additional prohibitions on
the defendant only if it is necessary to do so for the purpose of—

(a) 70protecting the public in Northern Ireland, or any particular
members of the public in Northern Ireland, from sexual harm
from the defendant, or

(b) protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual harm
75from the defendant outside the United Kingdom.

(6) An order as varied under this section may contain only such
prohibitions as are necessary for the purpose of—

(a) protecting the public or any particular members of the public
from sexual harm from the defendant, or

(b) 80protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual harm
from the defendant outside the United Kingdom.

(7) The defendant may appeal against the making of an order under this
section, or the refusal to make such an order—

(a) 85where the application for such an order was made to the
Crown Court, to the Court of Appeal in Northern Ireland;

(b) in any other case, to a county court in Northern Ireland.

(8) On an appeal under subsection (7)(b), the county court may make
such orders as may be necessary to give effect to its determination of