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

continued    Part 3 continued    

Sentencing and Courts Act 2021 first came into force to any
extent, 180 days, and

(b)in relation to a youth rehabilitation order in respect of an
offence of which the offender was convicted on or after
5that day, 365 days.”

Part 4 Curfew requirements and education requirements

Introductory

18The Sentencing Act 2020 is amended as follows.

10Curfew requirement

19(1)Paragraph 18 of Schedule 6 (curfew requirement) is amended as follows.

(2)In sub-paragraph (4)—

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

(b)in paragraph (b), for “16 hours” substitute “the relevant number of
15hours”, and

(c)at the end insert “, and

(c)not more than 112 hours in any period of 7 days
beginning with the day of the week on which the
requirement first takes effect.”

(3)20After sub-paragraph (4) insert—

“(4A)In sub-paragraph (4)(b), “the relevant number of hours”—

(a)in relation to a youth rehabilitation order in respect of an
offence of which the offender was convicted before the day
on which paragraph 19 of Schedule 16 to the Police, Crime,
25Sentencing and Courts Act 2021 came into force, means 16
hours, and

(b)in relation to a youth rehabilitation order in respect of an
offence of which the offender was convicted on or after
that day, means 20 hours.”

2030In paragraph 9(1) of Schedule 23 (powers to amend limits in youth
rehabilitation orders)—

(a)in the words before paragraph (a), for “either” substitute “any”, and

(b)in paragraph (b), for “18(4)” substitute “18(4) or (4A)”.

Education requirement

21(1)35Paragraph 39 of Schedule 6 (education requirement) is amended as follows.

(2)In sub-paragraph (4), for “by the time the offender ceases to be of
compulsory school age” substitute “by the relevant time”.

(3)After sub-paragraph (4) insert—

“(4A)In sub-paragraph (4) “the relevant time” in relation to a youth
40rehabilitation order made in respect of—

(a)an offence of which the offender was convicted before the
day on which paragraph 21 of Schedule 16 to the Police,
Crime, Sentencing and Courts Act 2021 came into force, or

(b)an offender who, when the order was made, was not
5resident in England within the meaning of Part 1 of the
Education and Skills Act 2008 (duty to participate in
education or training after compulsory school age),

means the time the offender ceases to be of compulsory school age.

(4B)In sub-paragraph (4) “the relevant time” in relation to a youth
10rehabilitation order made in respect of—

(a)an offence of which the offender was convicted on or after
the day on which paragraph 21 of Schedule 16 to the Police,
Crime, Sentencing and Courts Act 2021 came into force,
and

(b)15an offender who, when the order was made, was resident
in England within the meaning of Part 1 of the Education
and Skills Act 2008 (duty to participate in education or
training after compulsory school age),

means the time at which the offender ceases to be a person to
20whom that Part applies or, if later, ceases to be of compulsory
school age.”

Part 5 The responsible officer

Criminal Justice and Immigration Act 2008 (c. 4)

22(1)25The Criminal Justice and Immigration Act 2008 is amended as follows.

(2)In section 4(1) (meaning of “the responsible officer”), omit paragraph (a).

(3)In section 5 (responsible officer and offender: duties in relation to the other),
omit subsection (2).

Sentencing Code

23(1)30The Sentencing Code is amended as follows.

(2)In section 191 (the responsible officer)—

(a)in subsection (1), omit “(2),”;

(b)omit subsection (2).

(3)In section 192 (obligations of responsible officer), omit subsection (3).

Section 157

Schedule 17 Variation etc of order by court in another part of the United Kingdom

Part 1 Variation etc of order made in England and Wales or Scotland by court in
5Northern Ireland

Amendments of the Sexual Offences Act 2003 (c. 42)

1(1)Section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm
prevention order by court in Northern Ireland) is amended as follows.

(2)In the heading, after “Variation” insert “, renewal or discharge”.

(3)10In subsection (2), in the words after paragraph (b), after “varying” insert “,
renewing or discharging”.

(4)In subsection (4)—

(a)for “subsections (5) and (6)” substitute “subsections (4A) to (6B)”, and

(b)after “varying” insert “, renewing or discharging”.

(5)15After subsection (4) insert—

“(4A)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
Northern Ireland, and

(b)whether—

(i)20in the case of a sexual harm prevention order made by
a court in England and Wales, the defendant is likely
to return to, or to visit, England and Wales, or

(ii)in the case of a sexual harm prevention order made by
a court in Scotland, the defendant is likely to return to,
25or to visit, Scotland.”

(6)In subsection (5), in the words before paragraph (a)—

(a)after “An order may be” insert “renewed, or”, and

(b)for “only” substitute “, only”.

(7)In subsection (6), in the words before paragraph (a), after “An order as”
30insert “renewed or”.

(8)After subsection (6) insert—

“(6A)The court must not discharge a sexual harm prevention order made
by a court in England and Wales before the end of 5 years beginning
with the day on which the order was made without the consent of the
35defendant and the Chief Constable.

(6B)The court must not discharge a sexual harm prevention order made
by a court in Scotland, or vary such an order so as to remove a
prohibition or requirement, unless the order or, as the case may be,
the prohibition or requirement is no longer necessary for the purpose
40of—

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

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

(9)In subsection (9)—

(a)5in the definition of “the appropriate court”, for paragraphs (a) and (b)
substitute—

“(a)where the sexual harm prevention order was made—

(i)in England and Wales, by the Crown Court,
otherwise than on appeal from a magistrates’
10court, or by the Court of Appeal, or

(ii)in Scotland, by the High Court of Justiciary
otherwise than on appeal,

the Crown Court (in Northern Ireland);

(b)where the defendant is aged 18 or over and the sexual
15harm prevention order was made—

(i)in England and Wales, by a magistrates’ court
or by the Crown Court on appeal from a
magistrates’ court, or

(ii)in Scotland, by the High Court of Justiciary on
20appeal, by the Court of Session, by the Sheriff
Appeal Court or by a sheriff,

any court of summary jurisdiction in Northern
Ireland;”, and”

(b)at the appropriate place insert—

• 25““the defendant”, in relation to a sexual harm
  prevention order made under section 11 or 12 of the
  Abusive Behaviour and Sexual Harm (Scotland) Act
  2016 (asp 22), means the person against whom the
  order has effect;”;

• 30““sexual harm prevention order” includes a sexual harm
  prevention order made under section 11 or 12 of the
  Abusive Behaviour and Sexual Harm (Scotland) Act
  2016.”

2(1)Section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order
35by court in Northern Ireland) is amended as follows.

(2)In the heading, after “Variation” insert “, renewal or discharge”.

(3)In subsection (2), in the words after paragraph (b), after “varying” insert “,
renewing or discharging”.

(4)In subsection (3)—

(a)40for “subsections (4) and (5)” substitute “subsections (3A) to (5B)”, and

(b)after “varying” insert “, renewing or discharging”.

(5)After subsection (3) insert—

“(3A)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
45Northern Ireland, and

(b)whether—

(i)in the case of a sexual risk order made by a court in
England and Wales, the defendant is likely to return
to, or to visit, England and Wales, or

(ii)in the case of a sexual risk order made by a court in
5Scotland, the defendant is likely to return to, or to
visit, Scotland.”

(6)In subsection (4), in the words before paragraph (a)—

(a)after “An order may be” insert “renewed, or”, and

(b)for “only” substitute “, only”.

(7)10In subsection (5), in the words before paragraph (a), after “An order as”
insert “renewed or”.

(8)After subsection (5) insert—

“(5A)The court must not discharge a sexual risk order made by a court in
England and Wales before the end of 2 years beginning with the day
15on which the order was made without the consent of the defendant
and the Chief Constable.

(5B)The court must not discharge a sexual risk order made by a court in
Scotland, or vary such an order so as to remove a prohibition or
requirement, unless the order or, as the case may be, the prohibition
20or requirement is no longer 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
particular children or vulnerable adults, from harm from the
25defendant outside the United Kingdom.”

(9)In subsection (8), at the appropriate place insert—

• ““the defendant”, in relation to a sexual risk order made under
  section 27 of the Abusive Behaviour and Sexual Harm
  (Scotland) Act 2016 (asp 22), means the person against whom
  30the order has effect;”;

• ““sexual risk order” includes a sexual risk order made under
  section 27 of the Abusive Behaviour and Sexual Harm
  (Scotland) Act 2016.”

Amendments of the Sentencing Code

3(1)35Section 351 of the Sentencing Code (variation of sexual harm prevention
order by court in Northern Ireland) is amended as follows.

(2)In the heading, after “Variation” insert “, renewal or discharge”.

(3)In subsection (2), in the words after paragraph (b), after “varying” insert “,
renewing or discharging”.

(4)40In subsection (5), in the words after paragraph (b)—

(a)after “varying” insert “, renewing or discharging”, and

(b)for “subsections (6) and (7)” substitute “subsections (5A) to (7A)”.

(5)After subsection (5) insert—

“(5A)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
Northern Ireland, and

(b)whether the defendant is likely to return to, or to visit,
England and Wales.”

(6)5In subsection (6), in the words before paragraph (a)—

(a)after “An order may be” insert “renewed, or”, and

(b)for “only” substitute “, only”.

(7)In subsection (7), in the words before paragraph (a), after “An order as”
insert “renewed or”.

(8)10After subsection (7) insert—

“(7A)The court must not discharge an order before the end of the period
of 5 years beginning with the day on which the order was made
without the consent of the defendant and the Chief Constable of the
Police Service of Northern Ireland.”

15Part 2 Variation of order by court in Scotland

Amendments of the Sexual Offences Act 2003 (c. 42)

4After section 136ZD of the Sexual Offences Act 2003 insert—

“136ZE  Variation, renewal or discharge of sexual harm prevention order etc
20by court in Scotland

(1)This section applies where a relevant order has been made in respect
of a person who now—

(a)is residing in Scotland, or

(b)is in or is intending to come to Scotland.

(2)25In this section “relevant order” means—

(a)a sexual harm prevention order,

(b)a sexual offences prevention order, or

(c)a foreign travel order.

(3)An application may be made to the appropriate sheriff in Scotland—

(a)30by the defendant, or

(b)by the chief constable,

for an order varying, renewing or discharging the relevant order.

(4)Subject to subsections (5) to (12), on the application the court, after
hearing the person making the application and the other person
35mentioned in subsection (3) (if that person wishes to be heard), may
make any order varying, renewing or discharging the relevant order
that the appropriate sheriff considers appropriate.

(5)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
40Scotland, and

(b)whether—

(i)in the case of a sexual harm prevention order, the
defendant is likely to return to, or to visit, England
and Wales, or

(ii)in the case of a sexual offences prevention order or
5foreign travel order, the defendant is likely to return
to, or to visit, Northern Ireland.

(6)A sexual harm prevention order may be renewed, or varied under
this section so as to impose additional prohibitions or requirements
on the defendant, only if it is necessary to do so for the purpose of—

(a)10protecting the public in Scotland, or any particular members
of the public in Scotland, from sexual harm from the
defendant, or

(b)protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual harm
15from the defendant outside the United Kingdom.

(7)A sexual harm prevention order as renewed or varied under this
section may contain only such prohibitions and requirements as are
necessary for the purpose of—

(a)protecting the public or any particular members of the public
20from sexual harm from the defendant, or

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

(8)A sexual offences prevention order may be renewed, or varied under
25this section so as to impose additional prohibitions or requirements
on the defendant, only if it is necessary to do so for the purpose of
protecting the public in Scotland, or any particular members of the
public in Scotland, from serious sexual harm from the defendant.

(9)A sexual offences prevention order as renewed or varied under this
30section may contain only such prohibitions and requirements as are
necessary for the purpose of protecting the public or any particular
members of the public from serious sexual harm from the defendant.

(10)A foreign travel order may be renewed, or varied under this section
so as to impose additional prohibitions on the defendant, only if it is
35necessary to do so for the purpose of protecting children generally or
any child from serious sexual harm from the defendant outside the
United Kingdom.

(11)A foreign travel order as renewed or varied under this section may
contain only such prohibitions as are necessary for the purpose
40mentioned in subsection (10).

(12)The court must not discharge a sexual harm prevention order or a
sexual offences prevention order before the end of 5 years beginning
with the day on which the order was made without the consent of the
defendant and the chief constable.

(13)45The defendant may appeal against the making of an order under this
section, or the refusal to make such an order, as if it were a decision
constituting final judgment in civil proceedings within the meaning
of the Courts Reform (Scotland) Act 2014.

(14)In this section—

• “the appropriate sheriff” means—

  (a)

  in any case, a sheriff in whose sheriffdom the
  defendant resides, or

  (b)

  5in a case where the application is made by the chief
  constable—

  (i)

  a sheriff in whose sheriffdom the defendant is
  believed by the chief constable to be, or

  (ii)

  a sheriff to whose sheriffdom the defendant is
  10believed by the chief constable to be intending
  to come;

• “the chief constable” means the chief constable of the Police
  Service of Scotland;

• “child” means a person under 18;

• 15“serious sexual harm”, in relation to the renewal or variation of
  a sexual offences prevention order, means serious physical or
  psychological harm caused by the defendant committing one
  or more of the offences listed in Schedule 3;

• “serious sexual harm”, in relation to the renewal or variation of
  20a foreign travel order, means serious physical or
  psychological harm caused by the defendant doing, outside
  the United Kingdom, anything which would constitute an
  offence listed in Schedule 3 if done in any part of the United
  Kingdom;

• 25“sexual harm” and “vulnerable adult”, in relation to the renewal
  or variation of a sexual harm prevention order, have the
  meanings given by section 103B(1).

136ZF  Variation, renewal or discharge of sexual risk order etc by court in
Scotland

(1)30This section applies where a relevant order has been made in respect
of a person who now—

(a)is residing in Scotland, or

(b)is in or is intending to come to Scotland.

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

(a)35a sexual risk order, or

(b)a risk of sexual harm order.

(3)An application may be made to the appropriate sheriff in Scotland—

(a)by the defendant, or

(b)by the chief constable,

40for an order varying, renewing or discharging the relevant order.

(4)Subject to subsections (5) to (10), on the application the court, after
hearing the person making the application and the other person
mentioned in subsection (3) (if that person wishes to be heard), may
make any order varying, renewing or discharging the relevant order
45that the appropriate sheriff considers appropriate.

(5)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
Scotland, and

(b)whether—

(i)in the case of a sexual risk order, the defendant is
likely to return to, or to visit, England and Wales, or

(ii)in the case of a risk of sexual harm order, the
5defendant is likely to return to, or to visit, Northern
Ireland.

(6)A sexual risk order may be renewed, or varied under this section so
as to impose additional prohibitions or requirements on the
defendant, only if it is necessary to do so for the purpose of—

(a)10protecting the public in Scotland, or any particular members
of the public in Scotland, from 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.

(7)15A sexual risk order as renewed or varied under this section may
contain only such prohibitions and requirements as are necessary for
the purpose of—

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

(b)20protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from the
defendant outside the United Kingdom.

(8)A risk of sexual harm order may be renewed, or varied under this
section so as to impose additional prohibitions on the defendant,
25only if it is necessary to do so for the purpose of protecting children
generally or any child from physical or psychological harm from the
defendant doing acts within section 123(3).

(9)A risk of sexual harm order as renewed or varied under this section
may contain only such prohibitions as are necessary for the purpose
30mentioned in subsection (8).

(10)The court must not discharge a relevant order before the end of 2
years beginning with the day on which the order was made without
the consent of the defendant and the chief constable.

(11)The defendant may appeal against the making of an order under this
35section, or the refusal to make such an order, as if it were a decision
constituting final judgment in civil proceedings within the meaning
of the Courts Reform (Scotland) Act 2014.

(12)In this section—

• “the appropriate sheriff” means—

  (a)

  40in any case, a sheriff in whose sheriffdom the
  defendant resides, or

  (b)

  in a case where the application is made by the chief
  constable—

  (i)

  a sheriff in whose sheriffdom the defendant is
  45believed by the chief constable to be, or

  (ii)

  a sheriff to whose sheriffdom the defendant is
  believed by the chief constable to be intending
  to come;

• “the chief constable” means the chief constable of the Police
  Service of Scotland;

• “child”—

  (a)

  in relation to the renewal or variation of a sexual risk
  5order, means a person under 18;

  (b)

  in relation to the renewal or variation of a risk of
  sexual harm order, means a person under 16;

• “harm” and “vulnerable adult”, in relation to the renewal or
  variation of a sexual risk order, have the meanings given by
  10section 122B(1).”

Amendments of the Sentencing Code

5After section 351 of the Sentencing Code insert—

“351A  Variation, renewal or discharge of sexual harm prevention order by
court in Scotland

(1)15This section applies where a sexual harm prevention order has been
made in respect of an offender who—

(a)is residing in Scotland, or

(b)is in or intends to come to Scotland.

(2)An application may be made to the appropriate sheriff in Scotland—

(a)20by the offender, or

(b)by the chief constable,

for an order varying, renewing or discharging the sexual harm
prevention order.

(3)Subsection (4) applies where an application under subsection (2) is
25made.

(4)After hearing—

(a)the person making the application, and

(b)the other person mentioned in subsection (2) (if that person
wishes to be heard),

30the sheriff may make any order varying, renewing or discharging the
sexual harm prevention order that the sheriff considers appropriate.

This is subject to subsections (5) to (8).

(5)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
35Scotland, and

(b)whether the defendant is likely to return to, or to visit,
England and Wales.

(6)An order may be renewed, or varied so as to impose additional
prohibitions or requirements on the offender, only if it is necessary
40to do so for the purpose of—

(a)protecting the public in Scotland, or any particular members
of the public in Scotland, from sexual harm from the offender,
or

(b)protecting children or vulnerable adults generally, or any
45particular children or vulnerable adults, from sexual harm
from the offender outside the United Kingdom.