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

Part 10 continued    

(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
defendant outside the United Kingdom, and

(b)5in particular, whether a prohibition on foreign travel
(see section 103D) is necessary for that purpose.”, and

(b)after subsection (4A) (inserted by section 146) insert—

“(4B)If a list has been published under section 147 of the Police,
Crime, Sentencing and Courts Act 2021 and has not been
10withdrawn, a person mentioned in subsection (4A) must have
regard to the list in considering—

(a)whether a person has since the appropriate date acted in
such a way as to give reasonable cause to believe that it
is necessary for a sexual harm prevention order to be
15made for the purpose of protecting children generally,
or any particular children, from sexual harm from that
person outside the United Kingdom, and

(b)whether to apply for a prohibition on foreign travel (see
section 103D) to be included in any such order for that
20purpose.”

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

(a)after subsection (2) insert—

“(2A)If a list has been published under section 147 of the Police,
25Crime, 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and has not been withdrawn, a person mentioned in subsection
(2)(b) to (d) must have regard to the list in considering—

(a)whether to apply for an order varying or renewing a
30sexual harm prevention order 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 to apply for an order imposing,
35varying or renewing a prohibition on foreign travel for
that purpose.”, ”

(b)after subsection (5A) (inserted by section 150) insert—

“(5B)If a list has been published under section 147 of the Police,
Crime, Sentencing and Courts Act 2021 and has not been
40withdrawn, the court must have regard to the list in
considering—

(a)whether any order varying or renewing the sexual harm
prevention order is necessary for the purpose of
protecting children generally, or any particular children,
45from 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 purpose.”, and

(c)50in subsection (6), for “subsection (5)” substitute “subsections (2A), (5)
and (5B)”.

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

(a)after subsection (2) insert—

“(2A)If a list has been published under section 147 of the Police,
Crime, Sentencing and Courts Act 2021 (list of countries where
5children are at high risk of sexual abuse or sexual exploitation)
and has not been withdrawn, a person who has made, or is
considering making, an application under section 103A(4) must
have regard to the list in considering—

(a)whether to apply for an interim sexual harm prevention
10order 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 to apply for a prohibition on
foreign travel to be included in any such order for that
15purpose.”, ”

(b)after subsection (3) insert—

“(3A)If 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
20considering—

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

(b)25in particular, whether to include in any such order a
prohibition on foreign travel for that purpose.”, and

(c)after subsection (5) insert—

“(6)Subsections (2A) and (3A) apply in relation to an application for
the variation or renewal of an interim sexual harm prevention
30order as they apply in relation to an application for such an
order.”

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

(a)after subsection (2) insert—

“(2A)If a list has been published under section 147 of the Police,
35Crime, 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
(1A) must have regard to the list in considering—

(a)whether as a result of the act mentioned in subsection (2)
40there is reasonable cause to believe that it is necessary
for a sexual risk order to be made for the purpose of
protecting children generally, or any particular children,
from harm from the defendant outside the United
Kingdom, and

(b)45whether to apply for a prohibition on foreign travel (see
section 122C) to be included in any such order for that
purpose.”, and

(b)after subsection (6) insert—

“(6A)If 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
5considering—

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

(b)10in particular, whether a prohibition on foreign travel
(see section 122C) is necessary for that purpose.”

(8)In section 122D (sexual risk order: variations, renewals and discharges),

(a)after subsection (2) insert—

“(2A)If a list has been published under section 147 of the Police,
15Crime, 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
(2)(b) to (d) must have regard to the list in considering—

(a)whether to apply for an order varying or renewing a
20sexual risk order for the purpose of protecting children
generally, or any particular children, from harm from
the 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
25that purpose.”, ”

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

(c)after subsection (4A) (inserted by section 151) insert—

“(4B)If a list has been published under section 147 of the Police,
30Crime, 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 sexual risk
order is necessary for the purposes of protecting
35children generally, or any particular children, from
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
40that purpose.”

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

(a)after subsection (2) insert—

“(2A)If a list has been published under section 147 of the Police,
Crime, Sentencing and Courts Act 2021 (list of countries where
45children are at high risk of sexual abuse or sexual exploitation)
and has not been withdrawn, a person who has made, or is
considering making, an application for a sexual risk order must
have regard to the list in considering—

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

(b)5in particular, whether to apply for a prohibition on
foreign travel to be included in any such order for that
purpose.”, ”

(b)after subsection (3) insert—

“(3A)If a list has been published under section 147 of the Police,
10Crime, Sentencing and Courts Act 2021 and has not been
withdrawn, the court must have regard to the list in
considering—

(a)whether to make an interim sexual risk order for the
purpose of protecting children generally, or any
15particular children, from harm from the defendant
outside the United Kingdom and

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

(c)after subsection (5) insert—

“(6)20Subsections (2A) and (3A) apply in relation to an application for
the variation or renewal of an interim sexual risk order as they
apply in relation to an application for such an order.”

149 Standard of proof

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

(2)25In section 103A(3) (sexual harm prevention orders: applications and
grounds)—

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

(b)for paragraph (b) substitute—

“(b)the court is satisfied on the balance of probabilities that
30since the appropriate date the defendant has acted in
one or more of the ways alleged by the person making
the application, and

(c)the court is satisfied that the defendant having acted in
such a way makes it necessary to make a sexual harm
35prevention order, for the purpose of—

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

(ii)protecting children or vulnerable adults
40generally, or any particular children or
vulnerable adults, from sexual harm from the
defendant outside the United Kingdom.”

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

“(6)45On an application under subsection (1), the court may make a sexual
risk order if—

(a)the court is satisfied on the balance of probabilities that the
defendant has, whether before or after the commencement of

this Part, done one or more of the acts of a sexual nature alleged
by the person making the application, and

(b)the court is satisfied that as a result of the defendant acting in
such a way it is necessary to make such an order for the purpose
5of—

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

(ii)protecting children or vulnerable adults generally, or
any particular children or vulnerable adults, from harm
10from the defendant outside the United Kingdom.”

150 Sexual harm prevention orders: power to impose positive requirements

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

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

(a)for subsection (1) substitute—

“(1)15In this Code a “sexual harm prevention order” means an order
made under this Chapter in respect of an offender.

(1A)A sexual harm prevention order may—

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

(b)20require the offender to do anything described in the
order.”,”

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

(c)after subsection (2) insert—

“(3)The prohibitions or requirements which are imposed on the
25offender by a sexual harm prevention order must, so far as
practicable, be such as to avoid—

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

(b)any interference with the times, if any, at which the
offender normally works or attends any educational
30establishment, and

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

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

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

(b)35in subsection (1)(b)—

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

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

(c)in subsection (2)—

(i)in the words before paragraph (a), for “prohibition period”
40substitute “specified period”, and

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

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

(4)After section 347 insert—

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

(1)A sexual harm prevention order that imposes a requirement to do
something on an offender must specify a person who is to be
5responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

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

(a)10the individual to be specified under subsection (1), if an
individual is to be specified;

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

(3)Subsections (1) and (2) do not apply in relation to electronic monitoring
15requirements (see instead section 348A(5) and (6)).

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

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

(b)20to promote the offender’s compliance with the relevant
requirements;

(c)if the person considers that—

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

(ii)25the offender has failed to comply with a relevant
requirement,

to inform the appropriate chief officer of police.

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

(a)the chief officer of police for the police area in which it appears
30to the person specified under subsection (1) that the offender
lives, or

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

(6)35An offender subject to a requirement imposed by a sexual harm
prevention order must—

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

(b)40notify that person of any change of the offender’s home
address.

These obligations have effect as requirements of the order.

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

(a)the address of the offender’s sole or main residence in the
45United Kingdom, or

(b)where the offender has no such residence, the address or
location of a place in the United Kingdom where the offender

can regularly be found and, if there is more than one such place,
such one of those places as the offender may select.”

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

(a)5in subsection (6)—

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

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

(b)10after subsection (6) insert—

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

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

(b)any interference with the times, if any, at which the
15offender normally works or attends any educational
establishment, and

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

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

(6)20In section 354 (offence: breach of sexual harm prevention order)—

(a)for subsection (1) substitute—

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

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

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

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

(c)30omit subsection (3).

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

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

(9)35In section 103C (sexual harm prevention orders: effect)—

(a)for subsection (1) substitute—

“(1)A sexual harm prevention order may—

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

(b)40require the defendant to do anything described in the
order.”,”

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

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

(d)45in subsection (4), after “prohibitions” insert “or requirements”, and

(e)after subsection (4) insert—

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

(a)5any conflict with the defendant’s religious beliefs,

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

(c)any conflict with any other court order or injunction to
10which the defendant may be subject (but see subsection
(6)).”

(10)After section 103C insert—

“103CA  SHPOs: requirements included in order etc.  

(1)A sexual harm prevention order that imposes a requirement to do
15something on a defendant must specify a person who is to be
responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

(2)Before including such a requirement in a sexual harm prevention order,
the court must receive evidence about its suitability and enforceability
20from—

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

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

(3)25Subsections (1) and (2) do not apply in relation to electronic monitoring
requirements (see instead section 103FA(5) and (6)).

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

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

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

(c)if the person considers that—

(i)the defendant has complied with all the relevant
35requirements, or

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

to inform the appropriate chief officer of police.

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

(a)40the chief officer of police for the police area in which it appears
to the person specified under subsection (1) that the defendant
resides, or

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

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

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

(b)notify that person of any change of the defendant’s home
5address.

These obligations have effect as requirements of the order.”

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

(a)in subsection (5)—

(i)10in the words before paragraph (a), after “prohibitions” insert “or
requirements”, and

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

(b)after subsection (5) insert—

“(5A)15Any additional prohibitions or requirements that are imposed
on the defendant must, so far as practicable, be such as to
avoid—

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

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

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

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

(12)25In section 103F(3) (interim sexual harm prevention orders), for the words from
“, prohibiting the defendant” to the end of the subsection substitute “—

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

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

(13)In section 103I (offence: breach of sexual harm prevention order or interim
30sexual harm prevention order)—

(a)before subsection (1) insert—

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

(a)does anything that the person is prohibited from doing
by a sexual harm prevention order or an interim sexual
35harm prevention order, or

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

commits an offence.”, ”

(b)40in subsection (1), omit paragraphs (a) and (b), and

(c)omit subsection (2).

151 Sexual risk orders: power to impose positive requirements

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

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

(a)for subsection (7) substitute—

“(7)A sexual risk order may—

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

(b)5require the defendant to do anything described in the
order.”,”

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

(a)has effect for a fixed period (not less than 2 years)
10specified in the order or until further order, and

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

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

(d)after subsection (9) insert—

“(9A)15The prohibitions or requirements which are imposed on the
defendant by a sexual risk order must, so far as practicable, be
such as to avoid—

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

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

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

(3)25After section 122B insert—

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

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

30The person may be an individual or an organisation.

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

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

(b)35an individual representing the organisation to be specified
under subsection (1), if an organisation is to be specified.

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

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

(a)40to make any necessary arrangements in connection with the
requirements for which the person has responsibility (“the
relevant requirements”);

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

(c)45if the person considers that—

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