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

Part 10 continued    

children, from harm from the defendant outside the
United Kingdom, and

(b)in particular, whether a prohibition on foreign travel
(see section 122C) is necessary for that purpose.”

(8)5In section 122D (sexual risk order: 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
children are at high risk of sexual abuse or sexual exploitation)
10and has not been withdrawn, a person mentioned in subsection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 risk order for the purpose of protecting children
generally, or any particular children, from harm from
15the 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
that purpose.”, ”

(b)in subsection (3) for “the application” substitute “an application made
20under this section”, and

(c)after subsection (4A) (inserted by section 150) 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withdrawn, the court must have regard to the list in
25considering—

(a)whether any order varying or renewing the sexual risk
order is necessary for the purposes of protecting
children generally, or any particular children, from
harm from the defendant outside the United Kingdom,
30and

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

(9)In section 122E (interim sexual risk orders)—

(a)35after 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and has not been withdrawn, a person who has made, or is
40considering making, an application for a sexual risk order must
have regard to the list in considering—

(a)whether to apply for an interim sexual risk order for the
purpose of protecting children generally, or any
particular children, from harm from the defendant
45outside the United Kingdom, and

(b)in particular, whether to apply for a prohibition on
foreign 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
withdrawn, the court must have regard to the list in
5considering—

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

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

(c)after subsection (5) insert—

“(6)Subsections (2A) and (3A) apply in relation to an application for
the variation or renewal of an interim sexual risk order as they
15apply in relation to an application for such an order.”

148 Standard of proof

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

(2)In section 103A(3) (sexual harm prevention orders: applications and
grounds)—

(a)20omit “and” at the end of paragraph (a), and

(b)for paragraph (b) substitute—

“(b)the court is satisfied on the balance of probabilities that
since the appropriate date the defendant has acted in
one or more of the ways alleged by the person making
25the application, and

(c)the court is satisfied that the defendant having acted in
such a way makes it necessary to make a sexual harm
prevention order, for the purpose of—

(i)protecting the public or any particular members
30of the 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
35defendant outside the United Kingdom.”

(3)In section 122A (sexual risk orders: applications, grounds and effect), for
subsection (6) substitute—

“(6)On an application under subsection (1), the court may make a sexual
risk order if—

(a)40the court is satisfied on the balance of probabilities that the
defendant has, whether before or after the commencement of
this Part, done one or more of the acts of a sexual nature alleged
by the person making the application, and

(b)the court is satisfied that as a result of the defendant acting in
45such a way it is necessary to make such an order for the purpose
of—

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

(ii)protecting children or vulnerable adults generally, or
any particular children or vulnerable adults, from harm
from the defendant outside the United Kingdom.”

149 Sexual harm prevention orders: power to impose positive requirements

(1)5The Sentencing Code is amended in accordance with subsections (2) to (6).

(2)In section 343 (sexual harm prevention order)—

(a)for subsection (1) substitute—

“(1)In this Code a “sexual harm prevention order” means an order
made under this Chapter in respect of an offender.

(1A)10A sexual harm prevention order may—

(a)prohibit the offender from doing anything described in
the order;

(b)require the offender to do anything described in the
order.”,”

(b)15in subsection (2), after “prohibitions” insert “or requirements”, and

(c)after subsection (2) insert—

“(3)The prohibitions or requirements which are imposed on the
offender by a sexual harm prevention order must, so far as
practicable, be such as to avoid—

(a)20any conflict with the offender’s religious beliefs,

(b)any interference with the times, if any, at which the
offender normally works or attends any educational
establishment, and

(c)any conflict with any other court order or injunction to
25which the offender may be subject (but see section 349).”

(3)In section 347 (sexual harm prevention order: matters to be specified)—

(a)in subsection (1)(a), after “prohibitions” insert “and requirements”,

(b)in subsection (1)(b)—

(i)after “each prohibition” insert “or requirement”, and

(ii)30for ““prohibition period”” substitute ““specified period””,

(c)in subsection (2)—

(i)in the words before paragraph (a), for “prohibition period”
substitute “specified period”, and

(ii)in paragraph (b), after “prohibition” insert “or requirement”,
35and

(d)in subsection (3), after “prohibitions”, in both places it occurs, insert “or
requirements”.

(4)After section 347 insert—

“347A  Sexual harm prevention orders: requirements included in order etc. 

(1)40A sexual harm prevention order that imposes a requirement to do
something on an offender must specify a person who is to be
responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

(2)Before including such a requirement in a sexual harm prevention order,
the court must receive evidence about its suitability and enforceability
from—

(a)the individual to be specified under subsection (1), if an
5individual is to be specified;

(b)an individual representing the organisation to be specified
under subsection (1), if an organisation is to be specified.

(3)Subsections (1) and (2) do not apply in relation to electronic monitoring
requirements (see instead section 348A(5) and (6)).

(4)10It is the duty of a person specified under subsection (1)—

(a)to make any necessary arrangements in connection with the
requirements for which the person has responsibility (“the
relevant requirements”);

(b)to promote the offender’s compliance with the relevant
15requirements;

(c)if the person considers that—

(i)the offender has complied with all the relevant
requirements, or

(ii)the offender has failed to comply with a relevant
20requirement,

to inform the appropriate chief officer of police.

(5)In subsection (4)(c) the “appropriate chief officer of police means—

(a)the chief officer of police for the police area in which it appears
to the person specified under subsection (1) that the offender
25lives, or

(b)if it appears to that person that the offender lives in more than
one police area, whichever of the chief officers of police of those
areas the person thinks it is most appropriate to inform.

(6)An offender subject to a requirement imposed by a sexual harm
30prevention order must—

(a)keep in touch with the person specified under subsection (1) in
relation to that requirement, in accordance with any
instructions given by that person from time to time, and

(b)notify that person of any change of the offender’s home
35address.

These obligations have effect as requirements of the order.

(7)In this section “home address”, in relation to an offender, means—

(a)the address of the offender’s sole or main residence in the
United Kingdom, or

(b)40where the offender has no such residence, the address or
location of a place in the United Kingdom where the offender
can regularly be found and, if there is more than one such place,
such one of those places as the offender may select.”

(5)In section 350 (sexual harm prevention orders: variations, renewals and
45discharges)—

(a)in subsection (6)—

(i)in the words before paragraph (a), after “prohibitions” insert “or
requirements”, and

(ii)in the words after paragraph (b), after “prohibitions” insert
“and requirements”,

(b)after subsection (6) insert—

(6A)Any additional prohibitions or requirements that are imposed
5on the offender must, so far as practicable, be such as to avoid—

(a)any conflict with the offender’s religious beliefs,

(b)any interference with the times, if any, at which the
offender normally works or attends any educational
establishment, and

(c)10any conflict with any other court order or injunction to
which the offender may be subject.”, and

(c)in subsection (8), after “other prohibitions” insert “or requirements”.

(6)In section 354 (offence: breach of sexual harm prevention order)—

(a)for subsection (1) substitute—

“(1)15A person commits an offence if, without reasonable excuse, the
person—

(a)does anything that the person is prohibited from doing
by a sexual harm prevention order, or

(b)fails to do something that the person is required to do by
20a sexual harm prevention order.”, ”

(b)in subsection (2), for “doing anything prohibited by such an order”
substitute “breaching such an order”, and

(c)omit subsection (3).

(7)In paragraph 98 of Schedule 22 to the Sentencing Act 2020 (amendment of
25section 354 of the Sentencing Code), in the substituted subsection (2) for “doing
anything prohibited by such an order” substitute “breaching such an order”.

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

(9)In section 103C (sexual harm prevention orders: effect)—

(a)for subsection (1) substitute—

“(1)30A sexual harm prevention order may—

(a)prohibit the defendant from doing anything described
in the order;

(b)require the defendant to do anything described in the
order.”,”

(b)35in subsection (2), after “prohibition” insert “or requirement”,

(c)in subsection (3), after “prohibitions”, in both places it occurs, insert “or
requirements”,

(d)in subsection (4), after “prohibitions” insert “or requirements”, and

(e)after subsection (4) insert—

(4A)40The prohibitions or requirements which are imposed on the
defendant by a sexual harm prevention order must, so far as
practicable, be such as to avoid—

(a)any conflict with the defendant’s religious beliefs,

(b)any interference with the times, if any, at which the
45defendant normally works or attends any educational
establishment, and

(c)any conflict with any other court order or injunction to
which the defendant may be subject (but see subsection
(6)).”

(10)After section 103C insert—

“103CA 5 SHPOs: requirements included in order etc.  

(1)A sexual harm prevention order that imposes a requirement to do
something on a defendant must specify a person who is to be
responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

(2)10Before including such a requirement in a sexual harm prevention order,
the court must receive evidence about its suitability and enforceability
from—

(a)the individual to be specified under subsection (1), if an
individual is to be specified;

(b)15an individual representing the organisation to be specified
under subsection (1), if an organisation is to be specified.

(3)Subsections (1) and (2) do not apply in relation to electronic monitoring
requirements (see instead section 103FA(5) and (6)).

(4)It is the duty of a person specified under subsection (1)—

(a)20to make any necessary arrangements in connection with the
requirements for which the person has responsibility (“the
relevant requirements”);

(b)to promote the defendant’s compliance with the relevant
requirements;

(c)25if the person considers that—

(i)the defendant has complied with all the relevant
requirements, or

(ii)the defendant has failed to comply with a relevant
requirement,

30to inform the appropriate chief officer of police.

(5)In subsection (4)(c) the “appropriate chief officer of police means—

(a)the chief officer of police for the police area in which it appears
to the person specified under subsection (1) that the defendant
resides, or

(b)35if it appears to that person that the defendant resides in more
than one police area, whichever of the chief officers of police of
those areas the person thinks it is most appropriate to inform.

(6)A defendant subject to a requirement imposed by a sexual harm
prevention order must—

(a)40keep in touch with the person specified under subsection (1) in
relation to that requirement, in accordance with any
instructions given by that person from time to time, and

(b)notify that person of any change of the defendant’s home
address.

45These obligations have effect as requirements of the order.”

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

(a)in subsection (5)—

(i)in the words before paragraph (a), after “prohibitions” insert “or
requirements”, and

(ii)in the words after paragraph (b), after “prohibitions” insert
5“and requirements”,

(b)after subsection (5) insert—

“(5A)Any additional prohibitions or requirements that are imposed
on the defendant must, so far as practicable, be such as to
avoid—

(a)10any conflict with the defendant’s religious beliefs,

(b)any interference with the times, if any, at which the
defendant normally works or attends any educational
establishment, and

(c)any conflict with any other court order or injunction to
15which the defendant may be subject.”,”

(c)in subsection (8), after “prohibitions” insert “or requirements”.

(12)In section 103F(3) (interim sexual harm prevention orders), for the words from
“, prohibiting the defendant” to the end of the subsection substitute “—

(a)prohibiting the defendant from doing anything described in the order;

(b)20requiring the defendant to do anything described in the order.”

(13)In section 103I (offence: breach of sexual harm prevention order or interim
sexual harm prevention order)—

(a)before subsection (1) insert—

“(A1)A person who, without reasonable excuse—

(a)25does anything that the person is prohibited from doing
by a sexual harm prevention order or an interim sexual
harm prevention order, or

(b)fails to do something that the person is required to do by
a sexual harm prevention order or an interim sexual
30harm prevention order,

commits an offence.”, ”

(b)in subsection (1), omit paragraphs (a) and (b), and

(c)omit subsection (2).

150 Sexual risk orders: power to impose positive requirements

(1)35The Sexual Offences Act 2003 is amended as follows.

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

(a)for subsection (7) substitute—

“(7)A sexual risk order may—

(a)prohibit the defendant from doing anything described
40in the order;

(b)require the defendant to do anything described in the
order.”,”

(b)in subsection (8), for the words from “may specify” to the end of the
subsection substitute “—

(a)45has effect for a fixed period (not less than 2 years)
specified in the order or until further order, and

(b)may specify different periods for different prohibitions
or requirements.”,

(c)in subsection (9), after “prohibitions” insert “or requirements”, and

(d)after subsection (9) insert—

“(9A)5The prohibitions or requirements which are imposed on the
defendant by a sexual risk order must, so far as practicable, be
such as to avoid—

(a)any conflict with the defendant’s religious beliefs,

(b)any interference with the times, if any, at which the
10defendant normally works or attends any educational
establishment, and

(c)any conflict with any other court order or injunction to
which the defendant may be subject (but see subsection
(10)).”

(3)15After section 122B insert—

“122BA  Sexual risk orders: requirements included in order etc.

(1)A sexual risk order that imposes a requirement to do something on a
defendant must specify a person who is to be responsible for
supervising compliance with the requirement.

20The person may be an individual or an organisation.

(2)Before including such a requirement in a sexual risk order, the court
must receive evidence about its suitability and enforceability from—

(a)the individual to be specified under subsection (1), if an
individual is to be specified;

(b)25an individual representing the organisation to be specified
under subsection (1), if an organisation is to be specified.

(3)Subsections (1) and (2) do not apply in relation to electronic monitoring
requirements (see instead section 122EA(5) and (6)).

(4)It is the duty of a person specified under subsection (1)—

(a)30to make any necessary arrangements in connection with the
requirements for which the person has responsibility (“the
relevant requirements”);

(b)to promote the defendant’s compliance with the relevant
requirements;

(c)35if the person considers that—

(i)the defendant has complied with all the relevant
requirements, or

(ii)the defendant has failed to comply with a relevant
requirement,

40to inform the appropriate chief officer of police.

(5)In subsection (4)(c) the “appropriate chief officer of police means—

(a)the chief officer of police for the police area in which it appears
to the person specified under subsection (1) that the defendant
resides, or

(b)45if it appears to that person that the defendant resides in more
than one police area, whichever of the chief officers of police of
those areas the person thinks it is most appropriate to inform.

(6)A defendant subject to a requirement imposed by a sexual risk order
must—

(a)keep in touch with the person specified under subsection (1) in
relation to that requirement, in accordance with any
5instructions given by that person from time to time, and

(b)notify that person of any change of the defendant’s home
address.

These obligations have effect as requirements of the order.”

(4)In section 122D (sexual risk orders: variations, renewals and discharges)—

(a)10in subsection (4)—

(i)in the words before paragraph (a), after “prohibitions” insert “or
requirements”, and

(ii)in the words after paragraph (b), after “prohibitions” insert
“and requirements”, and

(b)15after that subsection, insert—

“(4A)Any additional prohibitions or requirements that are imposed
on the defendant must, so far as practicable, be such as to
avoid—

(a)any conflict with the defendant’s religious beliefs,

(b)20any interference with the times, if any, at which the
defendant normally works or attends any educational
establishment, and

(c)any conflict with any other court order or injunction to
which the defendant may be subject.”

(5)25In section 122E(3) (interim sexual risk orders), for the words from “, prohibiting
the defendant” to the end of the subsection substitute “—

(a)prohibiting the defendant from doing anything described in the order;

(b)requiring the defendant to do anything described in the order.”

(6)In section 122H (offence: breach of sexual risk order or interim sexual risk order
30etc)—

(a)before subsection (1) insert—

“(A1)A person who, without reasonable excuse—

(a)does anything that the person is prohibited from doing
by a sexual risk order or an interim sexual risk order, or

(b)35fails to do something that the person is required to do by
a sexual risk order or an interim sexual risk order,

commits an offence.”,”

(b)in subsection (1), omit paragraphs (a) and (b), and

(c)omit subsection (2).

151 40Positive requirements: further amendments

(1)In section 351 of the Sentencing Code (variation of sexual harm prevention
order by court in Northern Ireland)—

(a)in subsection (6), in the words before paragraph (a), after “prohibitions”
insert “or requirements”, and

(b)45in subsection (7), in the words before paragraph (a), after “prohibitions”
insert “and requirements”.

(2)In section 113 of the Sexual Offences Act 2003 (offence: breach of SOPO or
interim SOPO etc), for subsection (1ZA) substitute—

“(1ZA)A person commits an offence if, without reasonable excuse, the
person—

(a)5contravenes a prohibition imposed by—

(i)a sexual harm prevention order,

(ii)an order under Chapter 2 of Part 11 of the Sentencing
Code (sexual harm prevention order on conviction), or

(iii)an interim sexual harm prevention order,

10other than a prohibition on foreign travel, or

(b)fails to comply with a requirement imposed by—

(i)a sexual harm prevention order,

(ii)an order under Chapter 2 of Part 11 of the Sentencing
Code (sexual harm prevention order on conviction), or

(iii)15an interim sexual harm prevention order.”

(3)In section 128 of the Sexual Offences Act 2003 (offence: breach of RSHO or
interim RSHOetc)—

(a)in subsection (1) omit paragraphs (c) and (d), and

(b)after subsection (1) insert—

“(1A)20A person who, without reasonable excuse—

(a)does anything that the person is prohibited from doing
by a sexual risk order or an interim sexual risk order, or

(b)fails to do something that the person is required to do by
a sexual risk order or an interim sexual risk order,

25commits an offence.”

(4)In section 136ZA(2) of the Sexual Offences Act 2003 (application of orders
throughout the United Kingdom), after “prohibitions” insert “or
requirements”.

(5)In section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm
30prevention order by court in Northern Ireland)—

(a)in subsection (5), in the words before paragraph (a), after “prohibitions”
insert “or requirements”, and

(b)in subsection (6), in the words before paragraph (a), after “prohibitions”
insert “and requirements”.

(6)35In section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order
by court in Northern Ireland)—

(a)in subsection (4), in the words before paragraph (a), after “prohibitions”
insert “or requirements”, and

(b)in subsection (5), in the words before paragraph (a), after “prohibitions”
40insert “and requirements”.

(7)In section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2006
(asp 22) (breach of orders equivalent to orders in Chapters 3 and 4: offence)—

(a)after subsection (1) insert—

“(1A)A person commits an offence if, without reasonable excuse, the
45person fails to do something which the person is required to do
by an equivalent order from elsewhere in the United
Kingdom.”,”