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

Part 10 continued    

(b)in each of subsections (2) and (3), after “subsection (1)” insert “or (1A)”,
and

(c)in subsection (4), after “prohibitions” insert “or requirements”.

152 Electronic monitoring requirements

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

(2)In section 343 (sexual harm prevention order), after subsection (3) (inserted by
section 149 of this Act) insert—

“(4)A sexual harm prevention order may require the offender to submit to
electronic monitoring of the offender’s compliance with the
10prohibitions and requirements imposed by the order (see section 348A
for further provision about such a requirement).”

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

(a)in subsection (1), in the words after paragraph (b), after “United
Kingdom” insert “and section 348A for further matters to be included
15in the case of an electronic monitoring requirement”, and

(b)in subsection (2), in the words after paragraph (b), after “travel)” insert
“and section 348A(8) (electronic monitoring requirements)”.

(4)After section 348 insert—

“348A  Sexual harm prevention orders: electronic monitoring requirements

(1)20Subsections (2) and (3) apply for the purpose of determining whether a
court may impose, under section 343(4), an electronic monitoring
requirement on the offender in a sexual harm prevention order.

(2)If there is a person (other than the offender) without whose co-
operation it would be impracticable to secure the monitoring in
25question, the requirement may not be imposed without that person’s
consent.

(3)The court may impose the requirement only if—

(a)it has been notified by the Secretary of State that electronic
monitoring arrangements are available in the relevant area, and

(b)30it is satisfied that the necessary provision can be made under the
arrangements currently available.

(4)In subsection (3)(a) “the relevant area” means—

(a)the local justice area in which it appears to the court that the
offender resides or will reside, and

(b)35in a case where it is proposed to include in the order—

(i)a requirement that the offender must remain, for
specified periods, at a specified place, or

(ii)a provision prohibiting the offender from entering a
specified place or area,

40the local justice area in which the place or area proposed to be
specified is situated.

“Specified” means specified in the sexual harm prevention order under
which the electronic monitoring requirement is imposed.

(5)A sexual harm prevention order that includes an electronic monitoring
requirement must specify the person who is to be responsible for the
monitoring.

(6)The person specified under subsection (5) (“the responsible person”)
5must be of a description specified in regulations made by the Secretary
of State.

(7)Where a sexual harm prevention order imposes an electronic
monitoring requirement on the offender, the offender must (among
other things)—

(a)10submit, as required from time to time by the responsible person,
to—

(i)being fitted with, or the installation of, any necessary
apparatus, and

(ii)the inspection or repair of any apparatus fitted or
15installed for the purposes of the monitoring,

(b)not interfere with, or with the working of, any apparatus fitted
or installed for the purposes of the monitoring, and

(c)take any steps required by the responsible person for the
purpose of keeping in working order any apparatus fitted or
20installed for the purpose of the monitoring.

These obligations have effect as requirements of the sexual harm
prevention order under which the electronic monitoring requirement is
imposed.

(8)A sexual harm prevention order may not provide for an electronic
25monitoring requirement to have effect for more than 12 months.

(9)Subsection (8) does not prevent an electronic monitoring requirement
from being extended for a further period (of no more than 12 months
each time) under section 350.

348B Data from electronic monitoring: code of practice

(1)30The Secretary of State must issue a code of practice relating to the
processing of data gathered in the course of electronic monitoring of
offenders under electronic monitoring requirements imposed by sexual
harm prevention orders.

(2)A failure to observe a code issued under this section does not of itself
35make a person liable to any criminal or civil proceedings.”

(5)In section 350 (sexual harm prevention orders: variations, renewals,
discharges), after subsection (6B) (inserted by section 147 of this Act) insert—

“(6C)Section 348A (electronic monitoring requirements) applies in relation
to—

(a)40the variation of an order to require the defendant to submit to
electronic monitoring of the defendant’s compliance with the
prohibitions and requirements imposed by the order, or

(b)the renewal of an order to continue such a requirement,

as it applies in relation to the making of a sexual harm prevention
45order, subject to subsection (6D).

(6D)In its application to the variation or renewal of an order, section
348A(4)(b) has effect as if—

(a)the reference to a case where it is proposed to include in the
order a requirement or provision mentioned in sub-paragraph
(i) or (ii) included a case where the order already includes such
a requirement or provision, and

(b)5the reference to the local justice area in which the place or area
proposed to be specified is situated included the local justice
area in which the place or area already specified is situated.”

(6)The Sexual Offences Act 2003 is amended in accordance with subsections (7) to
(16).

(7)10In section 103C (sexual harm prevention orders: effect)—

(a)in subsection (2), for “section 103D(1)” substitute “sections 103D(1) and
103FA(8)”, and

(b)after subsection (4A) (inserted by section 149 of this Act) insert—

“(4B)A sexual harm prevention order may require the defendant to
15submit to electronic monitoring of the defendant’s compliance
with the prohibitions and requirements imposed by the order
(see section 103FA for further provision about such a
requirement).”

(8)In section 103E (sexual harm prevention orders: variations, renewals and
20discharges) after subsection (5B) (inserted by section 147 of this Act) insert—

“(5C)Section 103FA (electronic monitoring requirements) applies in relation
to—

(a)the variation of an order to require the defendant to submit to
electronic monitoring of the defendant’s compliance with the
25prohibitions and requirements imposed by the order, or

(b)the renewal of an order to continue such a requirement,

as it applies in relation to the making of a sexual harm prevention
order, subject to subsection (5D).

(5D)In its application to the variation or renewal of an order, section
30103FA(4)(b) has effect as if—

(a)the reference to a case where it is proposed to include in the
order a requirement or provision mentioned in sub-paragraph
(i) or (ii) included a case where the order already includes such
a requirement or provision, and

(b)35the reference to the local justice area in which the place or area
proposed to be specified is situated included the local justice
area in which the place or area already specified is situated.”

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

(a)after subsection (3A) (inserted by section 147 of this Act) insert—

“(3B)40An interim sexual harm prevention order may require the
defendant to submit to electronic monitoring of the defendant’s
compliance with the prohibitions and requirements imposed by
the order (see section 103FA for further provision about such a
requirement).”, and”

(b)45in subsection (4) for “Such an order” substitute “An interim sexual
harm prevention order”.

(10)After section 103F insert—

“103FA  SHPOs and interim SHPOs: electronic monitoring requirements

(1)Subsections (2) and (3) apply for the purpose of determining whether a
court may impose, under section 103C(4B) or section 103F(3B), an
5electronic monitoring requirement on the defendant in a sexual harm
prevention order or interim sexual harm prevention order.

(2)If there is a person (other than the defendant) without whose co-
operation it would be impracticable to secure the monitoring in
question, the requirement may not be imposed without that person’s
10consent.

(3)The court may impose the requirement only if—

(a)it has been notified by the Secretary of State that electronic
monitoring arrangements are available in the relevant area, and

(b)it is satisfied that the necessary provision can be made under the
15arrangements currently available.

(4)In subsection (3)(a) “the relevant area” means—

(a)the local justice area in which it appears to the court that the
defendant resides or will reside, and

(b)in a case where it is proposed to include in the order—

(i)20a requirement that the defendant must remain, for
specified periods, at a specified place, or

(ii)a provision prohibiting the defendant from entering a
specified place or area,

the local justice area in which the place or area proposed to be
25specified is situated.

“Specified” means specified in the sexual harm prevention order or
interim sexual harm prevention order under which the electronic
monitoring requirement is imposed.

(5)A sexual harm prevention order or interim sexual harm prevention
30order that includes an electronic monitoring requirement must specify
the person who is to be responsible for the monitoring.

(6)The person specified under subsection (5) (“the responsible person”)
must be of a description specified in regulations made by the Secretary
of State.

(7)35Where a sexual harm prevention order or interim sexual harm
prevention order imposes an electronic monitoring requirement on the
defendant, the defendant must (among other things)—

(a)submit, as required from time to time by the responsible person,
to—

(i)40being fitted with, or the installation of, any necessary
apparatus, and

(ii)the inspection or repair of any apparatus fitted or
installed for the purposes of the monitoring,

(b)not interfere with, or with the working of, any apparatus fitted
45or installed for the purposes of the monitoring, and

(c)take any steps required by the responsible person for the
purpose of keeping in working order any apparatus fitted or
installed for the purpose of the monitoring.

These obligations have effect as requirements of the sexual harm
prevention order or interim sexual harm prevention order under which
the electronic monitoring requirement is imposed.

(8)A sexual harm prevention order or an interim sexual harm prevention
5order may not provide for an electronic monitoring requirement to
have effect for more than 12 months.

(9)Subsection (8) does not prevent an electronic monitoring requirement
from being extended for a further period (of no more than 12 months
each time) under section 103E.

103FB 10 Data from electronic monitoring: code of practice

(1)The Secretary of State must issue a code of practice relating to the
processing of data gathered in the course of electronic monitoring of
defendants under electronic monitoring requirements imposed by—

(a)sexual harm prevention orders,

(b)15relevant Scottish orders within the meaning of section 136ZG
that have been renewed or varied as mentioned in subsection
(11) of that section (variation etc by court in England and Wales
to impose electronic monitoring requirement), and

(c)sexual offences prevention orders that have been renewed or
20varied as mentioned in section 136ZH(10) (variation etc by
court in England and Wales to impose electronic monitoring
requirement).

(2)A failure to observe a code issued under this section does not of itself
make a person liable to any criminal or civil proceedings.”

(11)25In section 122A (sexual risk orders: applications, grounds and effect)—

(a)after subsection (8) (as amended by section 150 of this Act) insert—

“(8A)Subsection (8) is subject to section 122C(1) (duration of
prohibitions on foreign travel) and section 122EA(8) (duration
of electronic monitoring requirements).”, and”

(b)30after subsection (9A) (as inserted by section 150 of this Act) insert—

“(9B)A sexual risk order may require the defendant to submit to
electronic monitoring of the defendant’s compliance with the
prohibitions and requirements imposed by the order (see
section 122EA for further provision about such a requirement).”

(12)35In section 122D (sexual risk orders: variations, renewals and discharges) after
subsection (4B) (inserted by section 147 of this Act) insert—

“(4C)Section 122EA (electronic monitoring requirements) applies in relation
to—

(a)the variation of an order to require the defendant to submit to
40electronic monitoring of the defendant’s compliance with the
prohibitions and requirements imposed by the order, or

(b)the renewal of an order to continue such a requirement,

as it applies in relation to the making of a sexual risk order, subject to
subsection (4D).

(4D)45In its application to the variation or renewal of an order, section
122EA(4)(b) has effect as if—

(a)the reference to a case where it is proposed to include in the
order a requirement or provision mentioned in sub-paragraph
(i) or (ii) included a case where the order already includes such
a requirement or provision, and

(b)5the reference to the local justice area in which the place or area
proposed to be specified is situated included the local justice
area in which the place or area already specified is situated.”

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

(a)after subsection (3A) (inserted by section 147 of this Act) insert—

“(3B)10An interim sexual risk order may require the defendant to
submit to electronic monitoring of the defendant’s compliance
with the prohibitions and requirements imposed by the order
(see section 122EA for further provision about such a
requirement).”, and ”

(b)15in subsection (4) for “Such an order” substitute “An interim sexual risk
order”.

(14)After section 122E insert—

“122EA Sexual risk orders and interim sexual risk orders: electronic
monitoring requirements

(1)20Subsections (2) and (3) apply for the purpose of determining whether a
court may impose, under section 122A(9B) or section 122E(3B), an
electronic monitoring requirement on the defendant in a sexual risk
order or interim sexual risk order.

(2)If there is a person (other than the defendant) without whose co-
25operation it would be impracticable to secure the monitoring in
question, the requirement may not be imposed without that person’s
consent.

(3)The court may impose the requirement only if—

(a)it has been notified by the Secretary of State that electronic
30monitoring arrangements are available in the relevant area, and

(b)it is satisfied that the necessary provision can be made under the
arrangements currently available.

(4)In subsection (3)(a) “the relevant area” means—

(a)the local justice area in which it appears to the court that the
35defendant resides or will reside, and

(b)in a case where it is proposed to include in the order—

(i)a requirement that the defendant must remain, for
specified periods, at a specified place, or

(ii)a provision prohibiting the defendant from entering a
40specified place or area,

the local justice area in which the place or area proposed to be
specified is situated.

“Specified” means specified in the sexual risk order or interim sexual
risk order under which the electronic monitoring requirement is
45imposed.

(5)A sexual risk order or interim sexual risk order that includes an
electronic monitoring requirement must specify the person who is to be
responsible for the monitoring.

(6)The person specified under subsection (5) (“the responsible person”)
5must be of a description specified in regulations made by the Secretary
of State.

(7)Where a sexual risk order or interim sexual risk order imposes an
electronic monitoring requirement on the defendant, the defendant
must (among other things)—

(a)10submit, as required from time to time by the responsible person,
to—

(i)being fitted with, or the installation of, any necessary
apparatus, and

(ii)the inspection or repair of any apparatus fitted or
15installed for the purposes of the monitoring,

(b)not interfere with, or with the working of, any apparatus fitted
or installed for the purposes of the monitoring, and

(c)take any steps required by the responsible person for the
purpose of keeping in working order any apparatus fitted or
20installed for the purpose of the monitoring.

These obligations have effect as requirements of the sexual risk order or
interim sexual risk order under which the electronic monitoring
requirement is imposed.

(8)A sexual risk order or an interim sexual risk order may not provide for
25an electronic monitoring requirement to have effect for more than 12
months.

(9)Subsection (8) does not prevent an electronic monitoring requirement
from being extended for a further period (of no more than 12 months
each time) under section 122D.

122EB 30 Data from electronic monitoring: code of practice

(1)The Secretary of State must issue a code of practice relating to the
processing of data gathered in the course of electronic monitoring of
defendants under electronic monitoring requirements imposed by—

(a)sexual risk orders,

(b)35relevant Scottish orders within the meaning of section 136ZI
that have been renewed or varied as mentioned in subsection
(11) of that section (variation etc by court in England and Wales
to impose electronic monitoring requirement), and

(c)risk of sexual harm orders that have been renewed or varied as
40mentioned in section 136ZJ(7) (variation etc by court in England
and Wales to impose electronic monitoring requirement).

(2)A failure to observe a code issued under this section does not of itself
make a person liable to any criminal or civil proceedings.”

(15)In section 136ZA, after subsection (2) insert—

“(3)45A requirement that is imposed by a relevant order and that relates to
the electronic monitoring of a person’s compliance with the
prohibitions or requirements imposed by the order is to be treated for

the purposes of subsection (2) as a requirement that is expressly
confined to a particular locality.”

(16)In section 138(3), after “containing” insert “only regulations under section
103FA(6) or section 122EA(6) or”.

153 5Positive requirements and electronic monitoring requirements: service courts

In section 137(3) of the Sexual Offences Act 2003 (service courts: sexual harm
prevention orders)—

(a)in paragraph (a)—

(i)after “103A(3)” insert “and (4)”, and

(ii)10for the words from “and 103J” to “Sentencing Code” substitute
“, 103FA(3)(a), (4) and (6) and 103J of this Act, and sections
348A(3)(a), (4) and (6) and 355 to 357 of the Sentencing Code”,

in paragraph (b), in the words before sub-paragraph (i)—

(i)for “103A(1) and (2)” substitute “103A(1), (2) and (3A), and

(ii)15for the words from “and 103G” to “Sentencing Code” substitute
“, 103FA(1), (2), (3)(b) and (5) to (9), 103FB and 103G to 103I of
this Act, and sections 343 to 348, 348A(1), (2), (3)(b) and (5) to (9),
348B to 354 and 358 of the Sentencing Code”,

(c)in paragraph (b)(i), after “paragraphs” insert “(ba), (bb)”,

(d)20after paragraph (b) insert—

“(ba)if section 103CA applies to the defendant at a time when
the defendant is a person subject to service law or a
civilian subject to service discipline, the reference in
section 103CA(4)(c) (requirements included in order:
25report on compliance) to the appropriate chief officer of
police is to be read as a reference to a Provost Marshal;

(bb)if section 347A applies to the defendant at a time when
the defendant is a person subject to service law or a
civilian subject to service discipline, the reference in
30section 347A(4)(c) of the Sentencing Code (requirements
included in order: report on compliance) to the
appropriate chief office of police is to be read as a
reference to a Provost Marshal;”,”

(e)in paragraph (c), for “Provost Martial”, in both places it occurs,
35substitute “Provost Marshal”, and

(f)in paragraph (c), after sub-paragraph (i) insert—

“(ia)the reference in section 103E(2A) to a person
mentioned in subsection (2)(b) to (d) is to be read
as a reference to a Provost Marshal;

(ib)40the reference in section 350(3A) of the Sentencing
Code to a person mentioned in subsection (2)(b)
or (c) is to be read as a reference to a Provost
Marshal;”.

Orders made in different parts of the United Kingdom

154 45Enforcement of requirements of orders made in Scotland or Northern Ireland

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

(2)In section 103I (offence: breach of SHPO or interim SHPO etc), after subsection
(1) insert—

“(1A)A person who, without reasonable excuse, fails to do something that
the person is required to do by a sexual offences prevention order or an
5interim sexual offences prevention order commits an offence.

(1B)A person who, without reasonable excuse—

(a)does anything that the person is prohibited from doing by a
relevant Scottish order, or

(b)fails to do something that the person is required to do by a
10relevant Scottish order,

commits an offence.

(1C)In subsection (1B) “relevant Scottish order” means—

(a)a sexual harm prevention order made under section 11 or 12 of
the Abusive Behaviour and Sexual Harm (Scotland) Act 2016
15(asp 22), or

(b)an interim sexual harm prevention order made under section 21
of that Act.”

(3)In section 113 (offence: breach of SOPO or interim SOPO etc), after subsection
(1ZA) insert—

“(1ZB)20A person commits an offence if, without reasonable excuse, the
person—

(a)contravenes a prohibition imposed by a relevant Scottish order
other than a prohibition on foreign travel, or

(b)fails to comply with a requirement imposed by a relevant
25Scottish order.

(1ZC)In subsection (1ZB)—

• “prohibition on foreign travel” has the meaning given by section
  17(2) of the Abusive Behaviour and Sexual Harm (Scotland) Act
  2016 (asp 22);

• 30“relevant Scottish order” means—

  (a)

  a sexual harm prevention order made under section 11
  or 12 of the Abusive Behaviour and Sexual Harm
  (Scotland) Act 2016, or

  (b)

  an interim sexual harm prevention order made under
  35section 21 of that Act.”

(4)In section 122(1) (offence: breach of foreign travel order)—

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

(b)at the end of paragraph (b) insert “, or

(c)he contravenes a prohibition on foreign travel imposed
40by a sexual harm prevention order made under section
11 or 12 of the Abusive Behaviour and Sexual Harm
(Scotland) Act 2016 (asp 22).”

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

(a)45in subsection (1) omit paragraphs (e) and (f), and

(b)after subsection (1) insert—

“(1A)A person who, without reasonable excuse, does anything that
the person is required to do by a risk of sexual harm order that
has been renewed or varied as mentioned in section 136ZJ(7)
5commits an offence.

(1B)A person who, without reasonable excuse—

(a)does anything that the person is prohibited from doing
by a relevant Scottish order, or

(b)fails to do something that the person is required to do by
10a relevant Scottish order,

commits an offence.

(1C)In subsection (1B) “relevant Scottish order” means—

(a)a sexual risk order made under section 27 of the Abusive
Behaviour and Sexual Harm (Scotland) Act 2016 (asp
1522), or

(b)an interim sexual risk order made under section 31 of
that Act.”

(6)In section 128 (offence: breach of risk of sexual harm order or interim risk of
sexual harm order etc)—

(a)20in subsection (1) omit paragraphs (e) and (f), and

(b)after subsection (1A) (inserted by section 151) insert—

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

(a)does anything that the person is prohibited from doing
by a relevant Scottish order, or

(b)25fails to do something that the person is required to do by
a relevant Scottish order,

commits an offence.

(1C)In subsection (1B) “relevant Scottish order” means—

(a)a sexual risk order made under section 27 of the Abusive
30Behaviour and Sexual Harm (Scotland) Act 2016 (asp
22), or

(b)an interim sexual risk order made under section 31 of
that Act.”

(7)In section 136ZA (application of orders throughout the United Kingdom) in
35subsection (1)—

(a)after paragraph (i) insert—

“(ia)a sexual harm prevention order made under section 11
or 12 of the Abusive Behaviour and Sexual Harm
(Scotland) Act 2016 (asp 22);

(ib)40an interim sexual harm prevention order made under
section 21 of that Act;

(ic)a sexual risk order made under section 27 of that Act;

(id)an interim sexual risk order made under section 31 of
that Act.”, and”

(b)45omit paragraphs (j) and (k).