Police, Crime, Sentencing and Courts Bill (HL Bill 40)

Part 10 continued    

(b)in a case where P is within section 96ZA(6)(b) or (c), are to the
date of the finding, and

(c)in a case where P is within section 96ZA(6)(d), are to the date of
the caution.

(3)5In section 82—

(a)references, except in the Table, to a person (or relevant offender)
within any provision of section 80 are to be read as references to
P;

(b)the reference in the Table to section 80(1)(d) is to be read as a
10reference to section 96ZA(6)(d);

(c)references to an order of any description are to be read as
references to any corresponding disposal made in relation to P
in respect of an offence or finding by reference to which a notice
has been given to P under section 96ZA;

(d)15the reference to offences listed in Schedule 3 is to be read as a
reference to relevant offences (see section 96ZA(9)).

(4)Section 83 has effect as if after subsection (1) there were inserted—

“(1A)In the case of a relevant offender who is subject to the
notification requirements of this Part by virtue of a notice being
20given to the relevant offender under section 96ZA, the reference
in subsection (1) to the period of 3 days beginning with the
relevant date (or if later the commencement of this Part) is to be
read as a reference to the period of 3 days beginning with the
day on which the notice was given to the relevant offender.”

(5)25Section 83(4) has effect as if—

(a)for the words “Where a notification order is made” there were
substituted “Where a relevant offender is subject to the
notification requirements of this Part by virtue of a notice given
under section 96ZA”, and

(b)30in paragraph (a) for the words “the order was made” there were
substituted “the notice was given to the relevant offender”.

96ZD Appeal against the issue of a notice under section 96ZA or 96ZB

(1)A person (“P”) may appeal to a magistrates’ court against the decision
to give them a notice under section 96ZA.

(2)35The grounds for bringing an appeal under subsection (1) include—

(a)that one or more of the conditions for the giving of the notice
were not met in respect of P at the time the notice was given;

(b)that the conviction, finding or caution by reason of which P was
given the notice falls within subsection (3).

(3)40A conviction, finding or caution falls within this subsection if—

(a)any investigations or proceedings leading to it were conducted
in a way which contravened any of the Convention rights
(within the meaning of section 1 of the Human Rights Act 1998)
which P would have had if those investigations or proceedings
45had taken place in the United Kingdom, and

(b)that contravention was such that the conviction, finding or
caution cannot be safely relied on for the purposes of meeting
the condition in section 96ZA(6).

(4)A person (“the parent”) may appeal to a magistrates’ court against the
decision to give them a parental notice under section 96ZB.

(5)The grounds for bringing an appeal under subsection (4) include—

(a)that one or more of the conditions for the giving of a notice
5under section 96ZA to the person (“P”) for whom the parent has
parental responsibility were not met in respect of P at the time
the notice under section 96ZA was given;

(b)that the conviction, finding or caution by reason of which P was
given a notice under section 96ZA falls within subsection (3);

(c)10that one or more of the requirements for giving the parent a
parental notice under section 96ZB were not met at the time the
parental notice was given.

(6)On an appeal under subsection (1) or (4) a magistrates’ court may
cancel or confirm the notice which is the subject of the appeal.”

(3)15In section 91(1)(a) (offences relating to notification) for “or 89(2)(b)” substitute
“, 89(2)(b) or 96ZB(3)(b)”.

(4)In section 91A(3) (review of indefinite notification requirements) for paragraph
(c) substitute—

“(c)a notice given under section 96ZA.”

(5)20Omit sections 97 to 103 (notification orders) and section 103G(6) and (7)
(notification order made on application for sexual harm prevention order or
interim sexual harm prevention order).

(6)In section 133(1) (general interpretation), in the definition of “relevant date” for
“98, 100” substitute “, 96ZC”.

(7)25Subsection (5) does not affect—

(a)the validity or effect of any order made under section 97 or 100 of the
Sexual Offences Act 2003 before the coming into force of this section or
the application of Part 2 of that Act to any person in respect of whom
such an order was so made;

(b)30in respect of an application made under section 97(1) or section 100(2)
of that Act before the coming into force of this section—

(i)the determination of such an application, or

(ii)the validity and effect of any order made on such an application
or the application of Part 2 of that Act to any person in respect
35of whom such an order was so made.

(8)The amendments made by subsections (4) and (6) do not apply in respect of
any order to which, or any person to whom, subsection (7) applies.

144 Notification orders: Scotland

(1)The Sexual Offences Act 2003 is amended as follows.

(2)40In section 97 (notification orders: applications and grounds)—

(a)in subsection (1), in the words before paragraph (a)—

(i)for the words from “A chief officer of police” to “police area”
substitute “The chief constable of the Police Service of Scotland
(“the chief constable”) may by application to any sheriff”, and

(ii)45omit “(“the defendant”)”,

(b)in subsection (1)(a)—

(i)for “him” substitute “the chief constable”, and

(ii)for “defendant” substitute “person”,

(c)in subsection (1)(b)—

(i)5for “defendant”, in both places it occurs, substitute “person”,

(ii)for “his police area”, in both places it occurs, substitute
“Scotland”, and

(iii)for “chief officer” substitute “chief constable”,

(d)in subsection (2)—

(i)10in each place it occurs, for “he” substitute “the person”, and

(ii)in paragraph (c), for “him” substitute “the person”,

(e)in subsection (5) for “court” substitute “sheriff”, and

(f)after subsection (5) insert—

“(5A)A record of evidence must be kept on any application for an
15order under this section.

(5B)The clerk of the court by which a notification order under this
section is made must cause a copy of the order as so made to
be—

(a)given to the person named in the order,

(b)20sent to the person by registered post, or

(c)sent to the person by the recorded delivery service,

and where a copy of the order is so sent to the person, an
acknowledgement or certificate of delivery issued by the Post
Office is sufficient evidence of the delivery of the copy on the
25day specified in the acknowledgement or certificate.”

(3)In section 98 (notification orders: effect)—

(a)in subsections (1)(a) and (3)(a) and (c) for “defendant” substitute
“person in respect of whom the order has effect”, and

(b)in subsection (1)(b) for “defendant” substitute “person”.

(4)30In section 99 (sections 97 and 98: relevant offences), in subsections (3) and (4),
for “defendant” substitute “person in respect of whom the order is sought”.

(5)In section 100 (interim notification orders)—

(a)in subsection (2)—

(i)in paragraph (a), omit “the complaint containing”, and

(ii)35in paragraph (b), for “by complaint to the court to which that
application has been made” substitute “by further application
to the sheriff to whom the main application has been made”,

(b)in subsection (5)—

(i)in paragraph (a), for “defendant” substitute “person in respect
40of whom the order has effect”, and

(ii)in paragraph (b), for “defendant” substitute “person”,

(c)in subsection (7)—

(i)for “defendant” substitute “person in respect of whom the order
has effect”, and

(ii)45for “complaint” substitute “application”, and

(d)after subsection (7) insert—

“(7A)A record of evidence must be kept on any application for an
order under this section.

(7B)The clerk of the court by which an interim notification order is
5made, varied, renewed or discharged under this section must
cause a copy of, as the case may be—

(a)the order as so made, varied or renewed, or

(b)the interlocutor by which discharge is effected,

to be given to the person named in the order or to be sent to the
10person in accordance with subsection (7C).

(7C)A copy of the order may be sent to the person named in the
order—

(a)by registered post, or

(b)by the recorded delivery service,

15and where a copy of the order is so sent to the person, an
acknowledgement or certificate of delivery issued by the Post
Office is sufficient evidence of the delivery of the copy on the
day specified in the acknowledgement or certificate.”

(6)Omit sections 101 (notification orders and interim notification orders: appeals
20in England and Wales) and 103 (sections 97 to 100: Scotland).

Sexual harm prevention orders and sexual risk orders

145 Applications by British Transport Police and Ministry of Defence Police

(1)The Sexual Offences Act 2003 is amended as follows.

(2)Section 103A (sexual harm prevention orders: applications and grounds) is
25amended in accordance with subsections (3) to (6).

(3)In subsection (4), for the words before paragraph (a) substitute “A person
mentioned in subsection (4A) (“the applicant”) may by complaint to a
magistrates’ court apply for a sexual harm prevention order in respect of a
person if it appears to the applicant that—”.

(4)30After subsection (4) insert—

“(4A)Those persons are—

(a)a chief officer of police;

(b)the Director General of the National Crime Agency (“the
Director General”);

(c)35the chief constable of the British Transport Police Force;

(d)the chief constable of the Ministry of Defence Police.”

(5)For subsection (7) substitute—

“(7)If the Director General, the chief constable of the British Transport
Police Force or the chief constable of the Ministry of Defence Police
40makes an application under subsection (4), that person must as soon as
practicable notify the chief officer of police for a relevant police area of
that application.”

(6)In subsection (9)(b)—

(a)in the words before sub-paragraph (i), after “the Director General”
insert “, the chief constable of the British Transport Police Force or the
chief constable of the Ministry of Defence Police”, and

(b)5in sub-paragraph (ii), for “Director General” substitute “applicant”.

(7)In section 103F (interim sexual harm prevention orders), after subsection (6)
(inserted by section 147 of this Act) insert—

“(7)If the Director General of the National Crime Agency, the chief
constable of the British Transport Police Force or the chief constable of
10the Ministry of Defence Police makes an application under this section,
that person must as soon as practicable notify the chief officer of police
for a relevant police area of that application.

(8)In subsection (7), “relevant police area” has the same meaning as in
section 103A (sexual harm prevention orders: applications and
15grounds) (see section 103A(9)).”

(8)In section 103J(1) (sexual harm prevention orders and interim sexual harm
prevention orders: guidance) for “chief officers of police and to the Director
General of the National Crime Agency” substitute “chief officers of police, the
Director General of the National Crime Agency, the chief constable of the
20British Transport Police Force and the chief constable of the Ministry of
Defence Police”.

(9)Section 122A (sexual risk orders: applications, grounds and effect) is amended
in accordance with subsections (10) and (11).

(10)For subsection (1) substitute—

“(1)25A person mentioned in subsection (1A) (“the applicant”) 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 applicant that the condition in subsection (2) is met.

(1A)Those persons are—

(a)30a chief officer of police;

(b)the Director General of the National Crime Agency (“the
Director General”);

(c)the chief constable of the British Transport Police Force;

(d)the chief constable of the Ministry of Defence Police.”

(11)35For subsection (5) substitute—

“(5)If the Director General, the chief constable of the British Transport
Police Force or the chief constable of the Ministry of Defence Police
makes an application under subsection (1), that person must as soon as
practicable notify the chief officer of police for a relevant police area of
40that application.”

(12)In section 122B(3)(b) (interpretation of section 122A)—

(a)after “Agency” insert “, the chief constable of the British Transport
Police Force or the chief constable for the Ministry of Defence Police”,
and

(b)45in sub-paragraph (ii), for “Director General” substitute “applicant”.

(13)In section 122E (interim sexual risk orders), after subsection (6) (inserted by

section 147 of this Act) insert—

“(7)If the Director General of the National Crime Agency, the chief
constable of the British Transport Police Force or the chief constable of
the Ministry of Defence Police makes an application under this section,
5that person must as soon as practicable notify the chief officer of police
for a relevant police area of that application.

(8)In subsection (7), “relevant police area” has the same meaning as in
section 122A (sexual risk orders: applications, grounds and effect) (see
section 122B(3)).”

(14)10In section 122J(1) (sexual risk orders and interim sexual risk orders: guidance)
for “chief officers of police and to the Director General of the National Crime
Agency” substitute “chief officers of police, the Director General of the
National Crime Agency, the chief constable of the British Transport Police
Force and the chief constable of the Ministry of Defence Police”.

146 15List of countries

(1)The Secretary of State may—

(a)prepare a list of countries and territories outside the United Kingdom
in which the Secretary of State considers children are at a high risk of
sexual abuse or sexual exploitation from United Kingdom nationals or
20United Kingdom residents, or

(b)direct a relevant person to prepare a list of countries and territories
outside the United Kingdom in which the relevant person considers
children are at a high risk of sexual abuse or sexual exploitation from
United Kingdom nationals or United Kingdom residents.

(2)25If a list is prepared by the Secretary of State, the Secretary of State must lay the
list before Parliament.

(3)If a list is prepared by a relevant person—

(a)the relevant person must submit the list to the Secretary of State, and

(b)the Secretary of State must lay the list before Parliament.

(4)30As soon as reasonably practicable after a list has been laid before Parliament,
the person who prepared the list must publish it.

(5)A list published under subsection (4) has effect for the purposes of—

(a)section 346 of the Sentencing Code (exercise of power to make sexual
harm prevention order),

(b)35section 350 of the Sentencing Code (sexual harm prevention orders:
variations, renewals and discharges),

(c)section 103A of the Sexual Offences Act 2003 (sexual harm prevention
orders: applications and grounds),

(d)section 103E of that Act (sexual harm prevention orders: variations,
40renewals and discharges),

(e)section 103F of that Act (interim sexual harm prevention orders),

(f)section 122A of that Act (sexual risk orders: applications, grounds and
effect),

(g)section 122D of that Act (sexual risk orders: variations, renewals and
45discharges),

(h)section 122E of that Act (interim sexual risk orders),

(i)section 136ZG of that Act (variation of sexual harm prevention order
made in Scotland by court in England and Wales), and

(j)section 136ZH of that Act (variation of sexual offences prevention order
or foreign travel order by court in England and Wales), and

(k)5section 136ZI of that Act (variation of sexual risk order made in
Scotland by court in England and Wales).

(6)If a list has been published, the person who prepared it must keep it under
review and may, from time to time, prepare a revised list (but see subsections
(7) and (8)).

(7)10If the function under subsection (6) is for the time being exercisable by the
Secretary of State, the Secretary of State may direct a relevant person to exercise
that function.

(8)If the function under subsection (6) is for the time being exercisable by a
relevant person, the Secretary of State may direct that the function is to be
15exercisable by another relevant person or by the Secretary of State.

(9)A list published under this section may at any time be withdrawn by the
Secretary of State.

(10)Subsections (2) to (9) apply to a revised list as they apply to a list prepared
under subsection (1).

(11)20In this section—

• “child” means a person under 18;

• “relevant person” means a person whose statutory functions relate to—

  (a)

  the prevention or detection of crime, or

  (b)

  other law enforcement purposes;

• 25“United Kingdom national” means—

  (a)

  a British citizen, a British overseas territories citizen, a British
  National (Overseas) or a British Overseas citizen,

  (b)

  a person who under the British Nationality Act 1981 is a British
  subject, or

  (c)

  30a British protected person within the meaning of that Act;

• “United Kingdom resident” means an individual who is resident in the
  United Kingdom.

147 Requirement for courts and certain persons to have regard to the list of
countries

(1)35In section 346 of the Sentencing Code (exercise of power to make sexual harm
prevention order)—

(a)the existing text becomes subsection (1), and

(b)after that subsection insert—

“(2)If a list has been published under section 146 of the Police,
40Crime, Sentencing and Courts Act 2021 (list of countries where
children are at a high risk of sexual abuse or sexual exploitation)
and has not been withdrawn, the court must have regard to the
list in considering—

(a)whether a sexual harm prevention order is necessary for
45the purpose of protecting children generally, or any

particular children, from sexual harm from the offender
outside the United Kingdom, and

(b)in particular, whether a prohibition on foreign travel
(see section 348) is necessary for that purpose.”

(2)5In section 350 of the Sentencing Code (sexual harm prevention orders:
variations, renewals and discharges)—

(a)after subsection (3) insert—

“(3A)If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 (list of countries where
10children are at high risk of sexual abuse or sexual exploitation)
and has not been withdrawn, a person mentioned in subsection
(2)(b) or (c) must have regard to the list in considering—

(a)whether to apply for an order varying or renewing a
sexual harm prevention order for the purpose of
15protecting children generally, or any particular children,
from sexual harm from the offender outside the United
Kingdom, and

(b)in particular, whether to apply for an order imposing,
varying or renewing a prohibition on foreign travel for
20that purpose.”, and”

(b)after subsection (6A) (inserted by section 149) insert—

“(6B)If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 and has not been
withdrawn, the court must have regard to the list in
25considering—

(a)whether an order varying or renewing the sexual harm
prevention order is necessary for the purpose of
protecting children generally, or any particular children,
from sexual harm from the offender outside the United
30Kingdom, and

(b)in particular, whether an order imposing, varying or
renewing a prohibition on foreign travel is necessary for
that purpose.”

(3)The Sexual Offences Act 2003 is amended as follows.

(4)35In section 103A (sexual harm prevention orders: applications and grounds)—

(a)after subsection (3) insert—

“(3A)If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 (list of countries where
children are at high risk of sexual abuse or sexual exploitation)
40and has not been withdrawn, the court must have regard to the
list in considering—

(a)whether a sexual harm prevention order is necessary for
the purpose of protecting children generally, or any
particular children, from sexual harm from the
45defendant outside the United Kingdom, and

(b)in particular, whether a prohibition on foreign travel
(see section 103D) is necessary for that purpose.”, and”

(b)after subsection (4A) (inserted by section 145) insert—

“(4B)If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 and has not been
withdrawn, a person mentioned in subsection (4A) must have
5regard to the list in considering—

(a)whether a person has since the appropriate date acted in
such a way as to give reasonable cause to believe that it
is necessary for a sexual harm prevention order to be
made for the purpose of protecting children generally,
10or any particular children, from sexual harm from that
person outside the United Kingdom, and

(b)whether to apply for a prohibition on foreign travel (see
section 103D) to be included in any such order for that
purpose.”

(5)15In section 103E (sexual harm prevention orders: variations, renewals and
discharges)—

(a)after subsection (2) insert—

“(2A)If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 (list of countries where
20children are at high risk of sexual abuse or sexual exploitation)
and has not been withdrawn, a person mentioned in subsection
(2)(b) to (d) must have regard to the list in considering—

(a)whether to apply for an order varying or renewing a
sexual harm prevention order for the purpose of
25protecting children generally, or any particular children,
from sexual harm from the defendant outside the
United Kingdom, and

(b)in particular, whether to apply for an order imposing,
varying or renewing a prohibition on foreign travel for
30that purpose.”, ”

(b)after subsection (5A) (inserted by section 149) insert—

“(5B)If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 and has not been
withdrawn, the court must have regard to the list in
35considering—

(a)whether any order varying or renewing the sexual harm
prevention order is necessary for the purpose of
protecting children generally, or any particular children,
from sexual harm from the defendant outside the
40United Kingdom, and

(b)in particular, whether an order imposing, varying or
renewing a prohibition on foreign travel is necessary for
that purpose.”, and”

(c)in subsection (6), for “subsection (5)” substitute “subsections (2A), (5)
45and (5B)”.

(6)In section 103F (interim sexual harm prevention orders)—

(a)after subsection (2) insert—

“(2A)If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 (list of countries where

children are at high risk of sexual abuse or sexual exploitation)
and has not been withdrawn, a person who has made, or is
considering making, an application under section 103A(4) must
have regard to the list in considering—

(a)5whether to apply for an interim sexual harm prevention
order for the purpose of protecting children generally,
or any particular children, from sexual harm from the
defendant outside the United Kingdom, and

(b)in particular, whether to apply for a prohibition on
10foreign travel to be included in any such order for that
purpose.”, ”

(b)after subsection (3) insert—

“(3A)If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 and has not been
15withdrawn, the court must have regard to the list in
considering—

(a)whether to make an interim sexual harm prevention
order for the purpose of protecting children generally,
or any particular children, from sexual harm from the
20defendant outside the United Kingdom, and

(b)in particular, whether to include in any such order a
prohibition on foreign travel for that purpose.”, and”

(c)after subsection (5) insert—

“(6)Subsections (2A) and (3A) apply in relation to an application for
25the variation or renewal of an interim sexual harm prevention
order as they apply in relation to an application for such an
order.”

(7)In section 122A (sexual risk orders: applications, grounds and effect)—

(a)after subsection (2) insert—

“(2A)30If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 (list of countries where
children are at high risk of sexual abuse or sexual exploitation)
and has not been withdrawn, a person mentioned in subsection
(1A) must have regard to the list in considering—

(a)35whether as a result of the act mentioned in subsection (2)
there is reasonable cause to believe that it is necessary
for a sexual risk order to be made for the purpose of
protecting children generally, or any particular children,
from harm from the defendant outside the United
40Kingdom, and

(b)whether to apply for a prohibition on foreign travel (see
section 122C) to be included in any such order for that
purpose.”, and”

(b)after subsection (6) insert—

“(6A)45If a list has been published under section 146 of the Police,
Crime, Sentencing and Courts Act 2021 and has not been
withdrawn, the court must have regard to the list in
considering—

(a)whether a sexual risk order is necessary for the purpose
50of protecting children generally, or any particular