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

continued    Part 2 continued    

(7)An 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
5from sexual harm from the offender, or

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

(8)The court must not discharge an order before the end of the period
10of 5 years beginning with the day on which the order was made
without the consent of the defendant and the chief constable.

(9)The offender 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
15of the Courts Reform (Scotland) Act 2014.

(10)In this section—

• “the appropriate sheriff” means—

  (a)

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

  (b)

  20in a case where the application is made by the chief
  constable—

  (i)

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

  (ii)

  a sheriff to whose sheriffdom the offender is
  25believed by the chief constable to be intending
  to come;

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

Part 3 30Variation of order by court in England and Wales

6After section 136ZF of the Sexual Offences Act 2003 (inserted by paragraph
4) insert—

“136ZG  Variation, renewal or discharge of sexual harm prevention order
made in Scotland by court in England and Wales

(1)35This section applies where a relevant Scottish order has been made
in respect of a person (“the defendant”) who now—

(a)is residing in England and Wales, or

(b)is in or is intending to come to England and Wales.

(2)In this section “relevant Scottish order” means a sexual harm
40prevention order made under section 11 or 12 of the Abusive
Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).

(3)A person within subsection (4) may by complaint to the appropriate
court apply for an order varying, renewing or discharging the
relevant order.

(4)45Those persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant
resides;

(c)a chief officer of police who believes that the defendant is in,
5or is intending to come to, that officer’s police area.

(5)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 mentioned in subsection (4)(b) or (c) must have
10regard to the list in considering—

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

(b)15in particular, whether to apply for an order imposing,
varying or renewing a prohibition on foreign travel for that
purpose.

(6)Subject to subsections (7) to (14), on an application under this section
the court, after hearing the person making the application and (if
20they wish to be heard) the other persons mentioned in subsection (4),
may make any order varying, renewing or discharging the relevant
Scottish order that the court considers appropriate.

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

(a)the time for which the defendant is likely to remain in
25England and Wales, and

(b)whether the defendant is likely to return to, or to visit,
Scotland.

(8)A relevant Scottish order may be renewed, or varied under this
section so as to impose additional prohibitions or requirements on
30the defendant, only if it is necessary to do so for the purpose of—

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

(b)protecting children or vulnerable adults generally, or any
35particular children or vulnerable adults, from sexual harm
from the defendant outside the United Kingdom.

(9)A relevant Scottish order as renewed or varied under this section
may contain only such prohibitions and requirements as are
necessary for the purpose of—

(a)40protecting 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.

(10)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 any order varying or renewing the relevant Scottish
order is necessary 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 an order imposing, varying or
renewing a prohibition on foreign travel is necessary for that
5purpose.

(11)A relevant Scottish order may be renewed or varied under this
section so as to require the defendant to submit to electronic
monitoring of the defendant’s compliance with the prohibitions and
requirements imposed by the order.

(12)10Section 103FA (electronic monitoring requirements) applies in
relation to—

(a)the variation under this section of a relevant Scottish order to
require the defendant to submit to electronic monitoring of
the defendant’s compliance with the prohibitions and
15requirements 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 (13).

(13)In its application to the variation or renewal of a relevant Scottish
20order, section 103FA has effect as if—

(a)the reference in subsection (4)(b) 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,

(b)25the reference in subsection (4)(b) 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, and

(c)the reference in subsection (9) to section 103E were to this
30section.

(14)The court must not discharge a relevant Scottish order, 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 of—

(a)35protecting 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.

(15)40In this section—

• “adult magistrates’ court” means a magistrates’ court that is not
  a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult
  45magistrates’ court for the area in which the defendant
  resides or, where the application is made by a chief
  officer of police, any adult magistrates’ court acting
  for a local justice area that includes any part of the
  chief officer’s police area;

  Police, Crime, Sentencing and Courts BillPage 273

  (b)

  where the defendant is under the age of 18, a youth
  court for the area in which the defendant resides or,
  where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  5that includes any part of the chief officer’s police area;

• “child” means a person under 18;

• “prohibition on foreign travel” includes a prohibition on foreign
  travel within the meaning of Chapter 3 of Part 2 of the
  Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see
  10sections 17 and 25 of that Act);

• “sexual harm” and “vulnerable adult” have the same meanings
  as in Chapter 3 of Part 2 of the Abusive Behaviour and Sexual
  Harm (Scotland) Act 2016 (see sections 10 and 25 of that Act).

136ZH  Variation, renewal or discharge of sexual offences prevention order
15or foreign travel order by court in England and Wales

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

(a)is residing in England and Wales, or

(b)is in or is intending to come to England and Wales.

(2)20In this section “relevant order” means—

(a)a sexual offences prevention order, or

(b)a foreign travel order.

(3)A person within subsection (4) may by complaint to the appropriate
court apply for an order varying, renewing or discharging the
25relevant order.

(4)Those persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant
resides;

(c)30a chief officer of police who believes that the defendant is in,
or is intending to come to, that officer’s police area.

(5)If—

(a)this section applies in relation to a person because that person
is subject to a foreign travel order, and

(b)35a 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 (4)(b) or (c) must have regard to
40the list in considering whether to apply for an order varying or
renewing the foreign travel order.

(6)Subject to subsections (7) to (16), on an application under this section
the court, after hearing the person making the application and (if
they wish to be heard) the other persons mentioned in subsection (4),
45may make any order varying, renewing or discharging the relevant
order that the court considers appropriate.

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

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

(b)whether the defendant is likely to return to, or to visit,
Northern Ireland.

(8)5A sexual offences 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
protecting the public in England and Wales, or any particular
members of the public in England and Wales, from serious sexual
10harm from the defendant.

(9)A sexual offences prevention order as renewed or varied under this
section 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)15A sexual offences prevention order may be renewed or varied under
this section so as to require the defendant to submit to electronic
monitoring of the defendant’s compliance with the prohibitions and
requirements imposed by the order.

(11)Section 103FA (electronic monitoring requirements) applies in
20relation to—

(a)the variation under this section of a sexual offences
prevention 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)25the 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 (12).

(12)In its application to the variation or renewal of a sexual offences
prevention order, section 103FA has effect as if—

(a)30the reference in subsection (4)(b) 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,

(b)the reference in subsection (4)(b) to the local justice area in
35which 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, and

(c)the reference in subsection (9) to section 103E were to this
section.

(13)40The court must not discharge 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—

(a)where the application under this section is made by a chief
officer of police, that chief officer, or

(b)45in any other case, the chief officer of police for the area in
which the defendant resides.

(14)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
necessary to do so for the purpose of protecting children generally or

any child from serious sexual harm from the defendant outside the
United Kingdom.

(15)A foreign travel order as renewed or varied under this section may
contain only such prohibitions as are necessary for the purpose
5mentioned in subsection (14).

(16)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 considering whether to renew or
vary a foreign travel order under this section.

(17)10In this section—

• “adult magistrates’ court” means a magistrates’ court that is not
  a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult
  15magistrates’ court for the area in which the defendant
  resides or, where the application is made by a chief
  officer of police, any adult magistrates’ court acting
  for a local justice area that includes any part of the
  chief officer’s police area;

  (b)

  20where the defendant is under the age of 18, a youth
  court for the area in which the defendant resides or,
  where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  that includes any part of the chief officer’s police area;

• 25“child” means a person under 18;

• “serious sexual harm”—

  (a)

  in relation to the renewal or variation of a sexual
  offences prevention order, means serious physical or
  psychological harm caused by the defendant
  30committing one or more of the offences listed in
  Schedule 3;

  (b)

  in relation to the renewal or variation of a foreign
  travel order, means serious physical or psychological
  harm caused by the defendant doing, outside the
  35United Kingdom, anything which would constitute
  an offence listed in Schedule 3 if done in any part of
  the United Kingdom.

136ZI  Variation, renewal or discharge of sexual risk order made in Scotland
by court in England and Wales

(1)40This section applies where a relevant Scottish order has been made
in respect of a person (“the defendant”) who now—

(a)is residing in England and Wales, or

(b)is in or is intending to come to England and Wales.

(2)In this section “relevant Scottish order” means a sexual risk order
45made under section 27 of the Abusive Behaviour and Sexual Harm
(Scotland) Act 2016 (asp 22).

(3)A person within subsection (4) may by complaint to the appropriate
court apply for an order varying, renewing or discharging the
relevant Scottish order.

(4)Those persons are—

(a)the defendant;

(b) the chief officer of police for the area in which the defendant
resides;

(c)5a chief officer of police who believes that the defendant is in,
or is intending to come to, that officer‘s police area.

(5)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
10withdrawn, a person mentioned in subsection (4)(b) or (c) must have
regard to the list in considering—

(a)whether to apply for an order varying or renewing the
relevant Scottish order for the purpose of protecting children
generally, or any particular children, from sexual 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.

(6)Subject to subsections (7) to (14), on the application the court, after
20hearing the person making the application and (if they wish to be
heard) the other persons mentioned in subsection (4), may make any
order varying, renewing or discharging the relevant Scottish order
that the court considers appropriate.

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

(a)25the time for which the defendant is likely to remain in
England and Wales, and

(b)whether the defendant is likely to return to, or to visit,
Scotland.

(8)A relevant Scottish order may be renewed, or varied under this
30section so as to impose additional prohibitions or requirements on
the defendant, only if it is necessary to do so for the purpose of—

(a)protecting the public in England and Wales, or any particular
members of the public in England and Wales, from harm
from the defendant, or

(b)35protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from the
defendant outside the United Kingdom.

(9)A relevant Scottish order as renewed or varied under this section
may contain only such prohibitions and requirements as are
40necessary 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
45defendant outside the United Kingdom.

(10)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 considering—

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

(b)5in particular, whether an order imposing, varying or
renewing a prohibition on foreign travel is necessary for that
purpose.

(11)A relevant Scottish order may be renewed or varied under this
section so as to require the defendant to submit to electronic
10monitoring of the defendant’s compliance with the prohibitions and
requirements imposed by the order.

(12)Section 122EA (electronic monitoring requirements) applies in
relation to—

(a)the variation under this section of a relevant Scottish order to
15require 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 risk order, subject
20to subsection (13).

(13)In its application to the variation or renewal of a relevant Scottish
order, section 122EA has effect as if—

(a)the reference in subsection (4)(b) to a case where it is
proposed to include in the order a requirement or provision
25mentioned in sub-paragraph (i) or (ii) included a case where
the order already includes such a requirement or provision,

(b)the reference in subsection (4)(b) 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
30already specified is situated, and

(c)the reference in subsection (9) to section 122D were to this
section.

(14)The court must not discharge a relevant Scottish order, or vary such
an order so as to remove a prohibition or requirement, unless the
35order or, as the case may be, the prohibition or 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
40particular children or vulnerable adults, from harm from the
defendant outside the United Kingdom.

(15)In this section—

• “adult magistrates’ court” means a magistrates’ court that is not
  a youth court;

• 45“the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult
  magistrates’ court for the area in which the defendant
  resides or, where the application is made by a chief
  officer of police, any adult magistrates’ court acting

  Police, Crime, Sentencing and Courts BillPage 278

   

  for a local justice area that includes any part of the
  chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth
  court for the area in which the defendant resides or,
  5where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  that includes any part of the chief officer’s police area;

• “child” means a person under 18;

• “harm” and “vulnerable adult” have the same meanings as in
  10Chapter 4 of Part 2 of the Abusive Behaviour and Sexual
  Harm (Scotland) Act 2016 (see sections 26 and 36 of that Act);

• “prohibition on foreign travel” includes a prohibition on foreign
  travel within the meaning of Chapter 4 of Part 2 of the
  Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see
  15sections 29 and 36 of that Act).

136ZJ  Variation, renewal or discharge of risk of sexual harm order by court
in England and Wales

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

(a)20is residing in England and Wales, or

(b)is in or is intending to come to England and Wales.

(2)A person within subsection (3) may by complaint to the appropriate
court apply for an order varying, renewing or discharging the order.

(3)Those persons are—

(a)25the defendant;

(b)the chief officer of police for the area in which the defendant
resides;

(c)a chief officer of police who believes that the defendant is in,
or is intending to come to, that officer’s police area.

(4)30Subject to subsections (5) to (10), on the application the court, after
hearing the person making the application and (if they wish to be
heard) the other persons mentioned in subsection (3), may make any
order varying, renewing or discharging the risk of sexual harm order
that the court considers appropriate.

(5)35A risk of sexual harm order may be renewed, or varied under this
section so as to impose—

(a)additional prohibitions on the defendant, or

(b)requirements of the kind mentioned in subsection (7) on the
defendant,

40only if it is necessary to do so for the purpose of protecting children
generally or any child from physical or psychological harm, caused
by the defendant doing acts within section 123(3).

(6)A risk of sexual harm order as renewed or varied under this section
may contain only—

(a)45such prohibitions as are necessary for the purpose mentioned
in subsection (5), and

(b)such requirements of the kind mentioned in subsection (7) as
are necessary for that purpose.

(7)A risk of sexual harm order may be renewed or varied under this
section so as to require the defendant to submit to electronic
monitoring of the defendant’s compliance with the prohibitions
imposed by the order.

(8)5Section 122EA (electronic monitoring requirements) applies in
relation to—

(a)the variation under this section of a risk of sexual harm order
to require the defendant to submit to electronic monitoring of
the defendant’s compliance with the prohibitions imposed
10by 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 (9).

(9)In its application to the variation or renewal of a risk of sexual harm
15order, section 122EA has effect as if—

(a)subsection (4)(b)(i) were omitted,

(b)the reference in subsection (4)(b) to a case where it is
proposed to include in the order a provision mentioned in
sub-paragraph (ii) included a case where the order already
20includes such a provision,

(c)the reference in subsection (4)(b) 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, and

(d)25the reference in subsection (9) to section 122D were to this
section.

(10)The court must not discharge a risk of sexual harm order before the
end of 2 years beginning with the day on which the order was made
without the consent of the defendant and—

(a)30where the application under this section is made by a chief
officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in
which the defendant resides.

(11)In this section—

• 35“adult magistrates’ court” means a magistrates’ court that is not
  a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult
  magistrates’ court for the area in which the defendant
  40resides or, where the application is made by a chief
  officer of police, any adult magistrates’ court acting
  for a local justice area that includes any part of the
  chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth
  45court for the area in which the defendant resides or,
  where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  that includes any part of the chief officer’s police area;

• “child” means a person under 16.”