Police, Crime, Sentencing and Courts Bill (HL Bill 72)

Part 10 continued    

and address of each police station in that area at which a person may
give a notification under section 83(1), 84(1) or 85(1).

(2B)A chief officer of police must keep under review a document published
by the chief officer under this section and may from time to time
5publish a revised version of the document in such manner as the chief
officer thinks fit.”

144 Offences outside the United Kingdom: notification requirements

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

(2)After section 96 insert—

10“Offences outside the United Kingdom: notification requirements

96ZA Offences outside the United Kingdom: notification requirements

(1)Where this section applies to a person (“P”), P is subject to the
notification requirements of this Part for the notification period set out
in section 82.

15This is subject to sections 96ZB (young offenders: parental notices) and
96ZC (modifications of notification requirements).

(2)This section applies to P if P has been given a notice under subsection
(3) and that notice has not been cancelled.

(3)A constable may give a notice to P if—

(a)20the conditions in subsections (6), (7) and (8) are met in respect of
P, and

(b)an officer of at least the rank of inspector has authorised the
giving of the notice to P.

(4)A notice given to P under subsection (3) must be given to P in person
25and must contain details of—

(a)the notifications that P is required to give under this Part,

(b)when those notifications must be given, and

(c)where those notifications may be given.

(5)A notice given under subsection (3) may be cancelled by a constable
30giving notice in writing to P in person but such a cancellation must be
authorised by an officer of at least the rank of inspector.

(6)The first condition is that under the law in force in a country outside the
United Kingdom—

(a)P has been convicted of a relevant offence (whether or not P has
35been punished for it),

(b)a court exercising jurisdiction under that law has made in
respect of a relevant offence a finding equivalent to a finding
that P is not guilty by reason of insanity,

(c)such a court has made in respect of a relevant offence a finding
40equivalent to a finding that P is under a disability and did the
act charged against P in respect of the offence, or

(d)P has been cautioned in respect of a relevant offence.

(7)The second condition is that—

(a)the first condition is met because of a conviction, finding or
caution which occurred on or after 1 September 1997,

(b)the first condition is met because of a conviction or finding
which occurred before that date, but P was dealt with in respect
5of the offence or finding on or after that date, or has yet to be
dealt with in respect of it, or

(c)the first condition is met because of a conviction or finding
which occurred before that date, but on that date P was, in
respect of the offence or finding, subject under the law in force
10in the country concerned to detention, supervision or any other
disposal equivalent to any of those mentioned in section 81(3)
(read with sections 81(6) and 131).

(8)The third condition is that the period set out in section 82 (as it would
have effect as modified by section 96ZC(2) and (3) if this section applied
15to P) in respect of the relevant offence has not expired.

(9)In this section and section 96ZC “relevant offence” means an act
which—

(a)constituted an offence under the law in force in the country
concerned, and

(b)20would have constituted an offence listed in Schedule 3 (other
than at paragraph 60) if it had been done in any part of the
United Kingdom.

(10)For the purposes of subsection (9)(a), an act punishable under the law
in force in a country outside the United Kingdom constitutes an offence
25under that law however it is described in that law.

96ZB Young offenders: parental notices

(1)Where the person (“P”) given a notice under section 96ZA is under 18 a
constable may also give a notice (a “parental notice”) to a person (“the
parent”) with parental responsibility for P.

(2)30Subsections (3)(b) to (5) of section 96ZA apply to the giving of a
parental notice as if references to P were references to the parent.

(3)If a parental notice has been given to the parent and has not been
cancelled or ceased to have effect—

(a)the obligations that would (apart from this subsection) be
35imposed by virtue of section 96ZA on P are to be treated instead
as obligations on the parent, and

(b)the parent must ensure that P attends with them at the police
station when a notification under this Part is being given.

(4)The parental notice ceases to have effect when P reaches the age of 18.

(5)40If a parental notice is to be given, section 96ZA(4)(a) has effect in
relation to the notice given to P as if the reference to the notifications
that P is required to give under this Part were a reference to—

(a)the notifications that the parent is required to give under this
Part, and

(b)45the notifications (if any) that P is required to give under this Part
once the parental notice ceases to have effect.

96ZC Modifications of notification requirements

(1)The application of this Part to a person (“P”) to whom section 96ZA
applies in respect of a conviction, finding or caution is subject to the
modifications set out in this section.

(2)5References to the “relevant date”—

(a)in a case where P is within section 96ZA(6)(a), are to the date of
the conviction,

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

(c)10in a case where P is within section 96ZA(6)(d), are to the date of
the caution.

(3)In section 82—

(a)references, except in the Table, to a person (or relevant offender)
within any provision of section 80 are to be read as references to
15P;

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

(c)references to an order of any description are to be read as
references to any corresponding disposal made in relation to P
20in respect of an offence or finding by reference to which a notice
has been given to P under section 96ZA;

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

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

“(1A)25In the case of a relevant offender who is subject to the
notification requirements of this Part by virtue of a notice being
given to the relevant offender under section 96ZA, the reference
in subsection (1) to the period of 3 days beginning with the
relevant date (or if later the commencement of this Part) is to be
30read as a reference to the period of 3 days beginning with the
day on which the notice was given to the relevant offender.”

(5)Section 83(4) has effect as if—

(a)for the words “Where a notification order is made” there were
substituted “Where a relevant offender is subject to the
35notification requirements of this Part by virtue of a notice given
under section 96ZA”, and

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

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

(1)40A person (“P”) may appeal to a magistrates’ court against the decision
to give them a notice under section 96ZA.

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

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

(b)45that the conviction, finding or caution by reason of which P was
given the notice falls within subsection (3).

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

(a)any investigations or proceedings leading to it were conducted
in a way which contravened any of the Convention rights
(within the meaning of section 1 of the Human Rights Act 1998)
which P would have had if those investigations or proceedings
5had taken place in the United Kingdom, and

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

(4)A person (“the parent”) may appeal to a magistrates’ court against the
10decision to give them a parental notice under section 96ZB.

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

(a)that one or more of the conditions for the giving of a notice
under section 96ZA to the person (“P”) for whom the parent has
parental responsibility were not met in respect of P at the time
15the notice under section 96ZA was given;

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

(c)that one or more of the requirements for giving the parent a
parental notice under section 96ZB were not met at the time the
20parental notice was given.

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

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

(4)25In section 91A(3) (review of indefinite notification requirements) for paragraph
(c) substitute—

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

(5)Omit sections 97 to 103 (notification orders) and section 103G(6) and (7)
(notification order made on application for sexual harm prevention order or
30interim sexual harm prevention order).

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

(7)Subsection (5) does not affect—

(a)the validity or effect of any order made under section 97 or 100 of the
35Sexual Offences Act 2003 before the coming into force of this section or
the application of Part 2 of that Act to any person in respect of whom
such an order was so made;

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

(i)40the determination of such an application, or

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

(8)The amendments made by subsections (4) and (6) do not apply in respect of
45any order to which, or any person to whom, subsection (7) applies.

145 Notification orders: Scotland

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

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

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

(i)5for the words from “A chief officer of police” to “police area”
substitute “The chief constable of the Police Service of Scotland
(“the chief constable”) may by application to any sheriff”, and

(ii)omit “(“the defendant”)”,

(b)in subsection (1)(a)—

(i)10for “him” substitute “the chief constable”, and

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

(c)in subsection (1)(b)—

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

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

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

(d)in subsection (2)—

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

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

(e)20in subsection (5) for “court” substitute “sheriff”, and

(f)after subsection (5) insert—

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

(5B)The clerk of the court by which a notification order under this
25section is made must cause a copy of the order as so made to
be—

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

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

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

30and where a copy of the order is so sent to the person, an
acknowledgement or certificate of delivery issued by the Post
Office is sufficient evidence of the delivery of the copy on the
day specified in the acknowledgement or certificate.”

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

(a)35in subsections (1)(a) and (3)(a) and (c) for “defendant” substitute
“person in respect of whom the order has effect”, and

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

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

(5)40In section 100 (interim notification orders)—

(a)in subsection (2)—

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

(ii)in paragraph (b), for “by complaint to the court to which that
application has been made” substitute “by further application
45to the sheriff to whom the main application has been made”,

(b)in subsection (5)—

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

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

(c)in subsection (7)—

(i)5for “defendant” substitute “person in respect of whom the order
has effect”, and

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

(d)after subsection (7) insert—

“(7A)A record of evidence must be kept on any application for an
10order under this section.

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

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

(b)15the interlocutor by which discharge is effected,

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

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

(a)20by registered post, or

(b)by the recorded delivery service,

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

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

Sexual harm prevention orders and sexual risk orders

146 Applications by British Transport Police and Ministry of Defence Police

(1)30The Sexual Offences Act 2003 is amended as follows.

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

(3)In subsection (4), for the words before paragraph (a) substitute “A person
mentioned in subsection (4A) (“the applicant”) may by complaint to a
35magistrates’ court apply for a sexual harm prevention order in respect of a
person if it appears to the applicant that—”.

(4)After subsection (4) insert—

“(4A)Those persons are—

(a)a chief officer of police;

(b)40the Director General of the National Crime Agency (“the
Director General”);

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

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

(5)For subsection (7) substitute—

“(7)If the Director General, the chief constable of the British Transport
Police Force or the chief constable of the Ministry of Defence Police
makes an application under subsection (4), that person must as soon as
5practicable notify the chief officer of police for a relevant police area of
that application.”

(6)In subsection (9)(b)—

(a)in the words before sub-paragraph (i), after “the Director General”
insert “, the chief constable of the British Transport Police Force or the
10chief constable of the Ministry of Defence Police”, and

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

(7)In section 103F (interim sexual harm prevention orders), after subsection (6)
(inserted by section 148 of this Act) insert—

“(7)If the Director General of the National Crime Agency, the chief
15constable of the British Transport Police Force or the chief constable of
the Ministry of Defence Police makes an application under this section,
that person must as soon as practicable notify the chief officer of police
for a relevant police area of that application.

(8)In subsection (7), “relevant police area” has the same meaning as in
20section 103A (sexual harm prevention orders: applications and
grounds) (see section 103A(9)).”

(8)In section 103J(1) (sexual harm prevention orders and interim sexual harm
prevention orders: guidance) for “chief officers of police and to the Director
General of the National Crime Agency” substitute “chief officers of police, the
25Director General of the National Crime Agency, the chief constable of the
British Transport Police Force and the chief constable of the Ministry of
Defence Police”.

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

(10)30For subsection (1) substitute—

“(1)A person mentioned in subsection (1A) (“the applicant”) may by
complaint to a magistrates’ court apply for an order under this section
(a “sexual risk order”) in respect of a person (“the defendant”) if it
appears to the applicant that the condition in subsection (2) is met.

(1A)35Those persons are—

(a)a chief officer of police;

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

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

(d)40the chief constable of the Ministry of Defence Police.”

(11)For subsection (5) substitute—

“(5)If the Director General, the chief constable of the British Transport
Police Force or the chief constable of the Ministry of Defence Police
makes an application under subsection (1), that person must as soon as
45practicable notify the chief officer of police for a relevant police area of
that application.”

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

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

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

(13)In section 122E (interim sexual risk orders), after subsection (6) (inserted by
section 148 of this Act) insert—

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

(8)In subsection (7), “relevant police area” has the same meaning as in
section 122A (sexual risk orders: applications, grounds and effect) (see
15section 122B(3)).”

(14)In section 122J(1) (sexual risk orders and interim sexual risk orders: guidance)
for “chief officers of police and to the Director General of the National Crime
Agency” substitute “chief officers of police, the Director General of the
National Crime Agency, the chief constable of the British Transport Police
20Force and the chief constable of the Ministry of Defence Police”.

147 List of countries

(1)The Secretary of State may—

(a)prepare a list of countries and territories outside the United Kingdom
in which the Secretary of State considers children are at a high risk of
25sexual abuse or sexual exploitation from United Kingdom nationals or
United Kingdom residents, or

(b)direct a relevant person to prepare a list of countries and territories
outside the United Kingdom in which the relevant person considers
children are at a high risk of sexual abuse or sexual exploitation from
30United Kingdom nationals or United Kingdom residents.

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

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

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

(b)35the Secretary of State must lay the list before Parliament.

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

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

(a)section 346 of the Sentencing Code (exercise of power to make sexual
40harm prevention order),

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

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

(d)45section 103E of that Act (sexual harm prevention orders: variations,
renewals and discharges),

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

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

(g)section 122D of that Act (sexual risk orders: variations, renewals and
5discharges),

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

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

(j)section 136ZH of that Act (variation of sexual offences prevention order
10or foreign travel order by court in England and Wales), and

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

(6)If a list has been published, the person who prepared it must keep it under
review and may, from time to time, prepare a revised list (but see subsections
15(7) and (8)).

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

(8)If the function under subsection (6) is for the time being exercisable by a
20relevant person, the Secretary of State may direct that the function is to be
exercisable by another relevant person or by the Secretary of State.

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

(10)Subsections (2) to (9) apply to a revised list as they apply to a list prepared
25under subsection (1).

(11)In this section—

• “child” means a person under 18;

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

  (a)

  the prevention or detection of crime, or

  (b)

  30other law enforcement purposes;

• “United Kingdom national” means—

  (a)

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

  (b)

  a person who under the British Nationality Act 1981 is a British
  35subject, or

  (c)

  a British protected person within the meaning of that Act;

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

148 Requirement for courts and certain persons to have regard to the list of
40countries

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

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

(b)after that subsection insert—

“(2)If a list has been published under section 147 of the Police,
Crime, Sentencing and Courts Act 2021 (list of countries where
children are at a high risk of sexual abuse or sexual exploitation)
5and has not been withdrawn, the court must have regard to the
list in considering—

(a)whether a sexual harm prevention order is necessary for
the purpose of protecting children generally, or any
particular children, from sexual harm from the offender
10outside the United Kingdom, and

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

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

(a)15after subsection (3) insert—

“(3A)If a list has been published under section 147 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
20(2)(b) or (c) must have regard to the list in considering—

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

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

(b)after subsection (6A) (inserted by section 150) insert—

“(6B)30If a list has been published under section 147 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 an order varying or renewing the sexual harm
35prevention order is necessary for the purpose of
protecting children generally, or any particular children,
from sexual harm from the offender outside the United
Kingdom, and

(b)in particular, whether an order imposing, varying or
40renewing a prohibition on foreign travel is necessary for
that purpose.”

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

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

(a)after subsection (3) insert—

“(3A)45If a list has been published under section 147 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, the court must have regard to the
list in considering—