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

Part 10 continued    

(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)5the 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
10those areas the person thinks it is most appropriate to inform.

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

(a)keep in touch with the person specified under subsection (1) in
relation to that requirement, in accordance with any
15instructions given by that person from time to time, and

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

These obligations have effect as requirements of the order.”

(4)In section 122D (sexual risk orders: variations, renewals and discharges)—

(a)20in subsection (4)—

(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”, and

(b)25after that subsection, insert—

“(4A)Any 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)30any 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
which the defendant may be subject.”

(5)35In section 122E(3) (interim sexual risk 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.”

(6)In section 122H (offence: breach of sexual risk order or interim sexual risk order
40etc)—

(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 risk order or an interim sexual risk order, or

(b)45fails to do something that the person is required to do by
a sexual risk order or an interim sexual risk order,

commits an offence.”,”

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

(c)omit subsection (2).

152 Positive requirements: further amendments

(1)In section 351 of the Sentencing Code (variation of sexual harm prevention
5order by court in Northern Ireland)—

(a)in subsection (6), in the words before paragraph (a), after “prohibitions”
insert “or requirements”, and

(b)in subsection (7), in the words before paragraph (a), after “prohibitions”
insert “and requirements”.

(2)10In section 113 of the Sexual Offences Act 2003 (offence: breach of SOPO or
interim SOPO etc), for subsection (1ZA) substitute—

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

(a)contravenes a prohibition imposed by—

(i)15a sexual harm prevention order,

(ii)an order under Chapter 2 of Part 11 of the Sentencing
Code (sexual harm prevention order on conviction), or

(iii)an interim sexual harm prevention order,

other than a prohibition on foreign travel, or

(b)20fails to comply with a requirement imposed by—

(i)a sexual harm prevention order,

(ii)an order under Chapter 2 of Part 11 of the Sentencing
Code (sexual harm prevention order on conviction), or

(iii)an interim sexual harm prevention order.”

(3)25In section 128 of the Sexual Offences Act 2003 (offence: breach of RSHO or
interim RSHOetc)—

(a)in subsection (1) omit paragraphs (c) and (d), and

(b)after subsection (1) insert—

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

(a)30does anything that the person is prohibited from doing
by a sexual risk order or an interim sexual risk order, or

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

commits an offence.”

(4)35In section 136ZA(2) of the Sexual Offences Act 2003 (application of orders
throughout the United Kingdom), after “prohibitions” insert “or
requirements”.

(5)In section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm
prevention order by court in Northern Ireland)—

(a)40in subsection (5), in the words before paragraph (a), after “prohibitions”
insert “or requirements”, and

(b)in subsection (6), in the words before paragraph (a), after “prohibitions”
insert “and requirements”.

(6)In section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order
45by court in Northern Ireland)—

(a)in subsection (4), in the words before paragraph (a), after “prohibitions”
insert “or requirements”, and

(b)in subsection (5), in the words before paragraph (a), after “prohibitions”
insert “and requirements”.

(7)5In section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2006
(asp 22) (breach of orders equivalent to orders in Chapters 3 and 4: offence)—

(a)after subsection (1) insert—

“(1A)A person commits an offence if, without reasonable excuse, the
person fails to do something which the person is required to do
10by an equivalent order from elsewhere in the United
Kingdom.”,”

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

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

153 15Electronic monitoring requirements

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

(2)In section 343 (sexual harm prevention order), after subsection (3) (inserted by
section 150 of this Act) insert—

“(4)A sexual harm prevention order may require the offender to submit to
20electronic monitoring of the offender’s compliance with the
prohibitions and requirements imposed by the order (see section 348A
for further provision about such a requirement).”

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

(a)in subsection (1), in the words after paragraph (b), after “United
25Kingdom” insert “and section 348A for further matters to be included
in the case of an electronic monitoring requirement”, and

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

(4)After section 348 insert—

“348A 30 Sexual harm prevention orders: electronic monitoring requirements

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

(2)If there is a person (other than the offender) without whose co-
35operation it would be impracticable to secure the monitoring in
question, the requirement may not be imposed without that person’s
consent.

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

(a)it has been notified by the Secretary of State that electronic
40monitoring arrangements are available in the relevant area, and

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

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

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

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

(i)a requirement that the offender must remain, for
5specified periods, at a specified place, or

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

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

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

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

(6)15The person specified under subsection (5) (“the responsible person”)
must be of a description specified in regulations made by the Secretary
of State.

(7)Where a sexual harm prevention order imposes an electronic
monitoring requirement on the offender, the offender must (among
20other things)—

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

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

(ii)25the inspection or repair of any apparatus fitted or
installed for the purposes of the monitoring,

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

(c)take any steps required by the responsible person for the
30purpose of keeping in working order any apparatus fitted or
installed for the purpose of the monitoring.

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

(8)35A sexual harm prevention order may not provide for an electronic
monitoring requirement to have effect for more than 12 months.

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

348B 40Data from electronic monitoring: code of practice

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

(2)45A failure to observe a code issued under this section does not of itself
make a person liable to any criminal or civil proceedings.”

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

discharges), after subsection (6B) (inserted by section 148 of this Act) insert—

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

(a)the variation of an order to require the defendant to submit to
5electronic monitoring of the defendant’s compliance with the
prohibitions and requirements imposed by the order, or

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

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

(6D)10In its application to the variation or renewal of an order, section
348A(4)(b) has effect as if—

(a)the reference to a case where it is proposed to include in the
order a requirement or provision mentioned in sub-paragraph
(i) or (ii) included a case where the order already includes such
15a requirement or provision, and

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

(6)The Sexual Offences Act 2003 is amended in accordance with subsections (7) to
20(16).

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

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

(b)after subsection (4A) (inserted by section 150 of this Act) insert—

“(4B)25A sexual harm prevention order may require the defendant to
submit to electronic monitoring of the defendant’s compliance
with the prohibitions and requirements imposed by the order
(see section 103FA for further provision about such a
requirement).”

(8)30In section 103E (sexual harm prevention orders: variations, renewals and
discharges) after subsection (5B) (inserted by section 148 of this Act) insert—

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

(a)the variation of an order to require the defendant to submit to
35electronic monitoring of the defendant’s compliance with the
prohibitions and requirements imposed by the order, or

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

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

(5D)40In its application to the variation or renewal of an order, section
103FA(4)(b) has effect as if—

(a)the reference to a case where it is proposed to include in the
order a requirement or provision mentioned in sub-paragraph
(i) or (ii) included a case where the order already includes such
45a requirement or provision, and

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

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

(a)after subsection (3A) (inserted by section 148 of this Act) insert—

“(3B)An interim sexual harm prevention order may require the
defendant to submit to electronic monitoring of the defendant’s
5compliance with the prohibitions and requirements imposed by
the order (see section 103FA for further provision about such a
requirement).”, and

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

(10)10After section 103F insert—

“103FA  SHPOs and interim SHPOs: electronic monitoring requirements

(1)Subsections (2) and (3) apply for the purpose of determining whether a
court may impose, under section 103C(4B) or section 103F(3B), an
electronic monitoring requirement on the defendant in a sexual harm
15prevention order or interim sexual harm prevention order.

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

(3)20The court may impose the requirement only if—

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

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

(4)25In subsection (3)(a) “the relevant area” means—

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

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

(i)a requirement that the defendant must remain, for
30specified periods, at a specified place, or

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

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

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

(5)A sexual harm prevention order or interim sexual harm prevention
order that includes an electronic monitoring requirement must specify
40the person who is to be responsible for the monitoring.

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

(7)Where a sexual harm prevention order or interim sexual harm
45prevention order imposes an electronic monitoring requirement on the
defendant, the defendant must (among other things)—

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

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

(ii)5the inspection or repair of any apparatus fitted or
installed for the purposes of the monitoring,

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

(c)take any steps required by the responsible person for the
10purpose of keeping in working order any apparatus fitted or
installed for the purpose of the monitoring.

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

(8)15A sexual harm prevention order or an interim sexual harm prevention
order may not provide for an electronic monitoring requirement to
have effect for more than 12 months.

(9)Subsection (8) does not prevent an electronic monitoring requirement
from being extended for a further period (of no more than 12 months
20each time) under section 103E.

103FB  Data from electronic monitoring: code of practice

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

(a)25sexual harm prevention orders,

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

(c)30sexual offences prevention orders that have been renewed or
varied as mentioned in section 136ZH(10) (variation etc by
court in England and Wales to impose electronic monitoring
requirement).

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

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

(a)after subsection (8) insert—

“(8A)Subsection (8) is subject to section 122C(1) (duration of
prohibitions on foreign travel) and section 122EA(8) (duration
40of electronic monitoring requirements).”, and

(b)after subsection (9A) (as inserted by section 151 of this Act) insert—

“(9B)A sexual risk order may require the defendant to submit to
electronic monitoring of the defendant’s compliance with the
prohibitions and requirements imposed by the order (see
45section 122EA for further provision about such a requirement).”

(12)In section 122D (sexual risk orders: variations, renewals and discharges) after

subsection (4B) (inserted by section 148 of this Act) insert—

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

(a)the variation of an order to require the defendant to submit to
5electronic monitoring of the defendant’s compliance with the
prohibitions and requirements imposed by the order, or

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

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

(4D)10In its application to the variation or renewal of an order, section
122EA(4)(b) has effect as if—

(a)the reference to a case where it is proposed to include in the
order a requirement or provision mentioned in sub-paragraph
(i) or (ii) included a case where the order already includes such
15a requirement or provision, and

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

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

(a)20after subsection (3A) (inserted by section 148 of this Act) insert—

“(3B)An interim sexual risk order may require the defendant to
submit to electronic monitoring of the defendant’s compliance
with the prohibitions and requirements imposed by the order
(see section 122EA for further provision about such a
25requirement).”, and ”

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

(14)After section 122E insert—

“122EA Sexual risk orders and interim sexual risk orders: electronic
30monitoring requirements

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

(2)35If there is a person (other than the defendant) without whose co-
operation it would be impracticable to secure the monitoring in
question, the requirement may not be imposed without that person’s
consent.

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

(a)40it has been notified by the Secretary of State that electronic
monitoring arrangements are available in the relevant area, and

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

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

(a)45the local justice area in which it appears to the court that the
defendant resides or will reside, and

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

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

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

5the local justice area in which the place or area proposed to be
specified is situated.

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

(5)10A sexual risk order or interim sexual risk order that includes an
electronic monitoring requirement must specify the person who is to be
responsible for the monitoring.

(6)The person specified under subsection (5) (“the responsible person”)
must be of a description specified in regulations made by the Secretary
15of State.

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

(a)submit, as required from time to time by the responsible person,
20to—

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

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

(b)25not interfere with, or with the working of, any apparatus fitted
or installed for the purposes of the monitoring, and

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

30These obligations have effect as requirements of the sexual risk order or
interim sexual risk order under which the electronic monitoring
requirement is imposed.

(8)A sexual risk order or an interim sexual risk order may not provide for
an electronic monitoring requirement to have effect for more than 12
35months.

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

122EB  Data from electronic monitoring: code of practice

(1)40The Secretary of State must issue a code of practice relating to the
processing of data gathered in the course of electronic monitoring of
defendants under electronic monitoring requirements imposed by—

(a)sexual risk orders,

(b)relevant Scottish orders within the meaning of section 136ZI
45that have been renewed or varied as mentioned in subsection
(11) of that section (variation etc by court in England and Wales
to impose electronic monitoring requirement), and

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

(2)A failure to observe a code issued under this section does not of itself
5make a person liable to any criminal or civil proceedings.”

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

“(3)A requirement that is imposed by a relevant order and that relates to
the electronic monitoring of a person’s compliance with the
prohibitions or requirements imposed by the order is to be treated for
10the purposes of subsection (2) as a requirement that is expressly
confined to a particular locality.”

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

154 Positive requirements and electronic monitoring requirements: service courts

15In section 137(3) of the Sexual Offences Act 2003 (service courts: sexual harm
prevention orders)—

(a)in paragraph (a)—

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

(ii)for the words from “and 103J” to “Sentencing Code” substitute
20“, 103FA(3)(a), (4) and (6) and 103J of this Act, and sections
348A(3)(a), (4) and (6) and 355 to 357 of the Sentencing Code”,

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

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

(ii)for the words from “and 103G” to “Sentencing Code” substitute
25“, 103FA(1), (2), (3)(b) and (5) to (9), 103FB and 103G to 103I of
this Act, and sections 343 to 348, 348A(1), (2), (3)(b) and (5) to (9),
348B to 354 and 358 of the Sentencing Code”,

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

(d)after paragraph (b) insert—

“(ba)30if section 103CA applies to the defendant at a time when
the defendant is a person subject to service law or a
civilian subject to service discipline, the reference in
section 103CA(4)(c) (requirements included in order:
report on compliance) to the appropriate chief officer of
35police is to be read as a reference to a Provost Marshal;

(bb)if section 347A applies to the defendant at a time when
the defendant is a person subject to service law or a
civilian subject to service discipline, the reference in
section 347A(4)(c) of the Sentencing Code (requirements
40included in order: report on compliance) to the
appropriate chief office of police is to be read as a
reference to a Provost Marshal;”,”

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

(f)45in paragraph (c), after sub-paragraph (i) insert—

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