Police, Crime, Sentencing and Courts Bill (HL Bill 95)

Part 10 continued    

magistrates’ 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)5a 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)the chief constable of the Ministry of Defence Police.”

(5)10For 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
practicable notify the chief officer of police for a relevant police area of
15that 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
chief constable of the Ministry of Defence Police”, and

(b)20in sub-paragraph (ii), for “Director General” substitute “applicant”.

(7)In section 103F (interim sexual harm prevention orders), after subsection (6)
(inserted by section 171 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
25the 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 103A (sexual harm prevention orders: applications and
30grounds) (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
Director General of the National Crime Agency, the chief constable of the
35British 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)For subsection (1) substitute—

“(1)40A 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)Those persons are—

(a)45a 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)the chief constable of the Ministry of Defence Police.”

(11)5For 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
practicable notify the chief officer of police for a relevant police area of
10that 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)15in sub-paragraph (ii), for “Director General” substitute “applicant”.

(13)In section 122E (interim sexual risk orders), after subsection (6) (inserted by
section 171 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
20the 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
25section 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
30Force and the chief constable of the Ministry of Defence Police”.

170 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
35sexual 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
40United 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)45the 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
5harm 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)10section 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)15section 122D of that Act (sexual risk orders: variations, renewals and
discharges),

(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)20section 136ZH of that Act (variation of sexual offences prevention order
or 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
25review and may, from time to time, prepare a revised list (but see subsections
(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)30If the function under subsection (6) is for the time being exercisable by a
relevant 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)35Subsections (2) to (9) apply to a revised list as they apply to a list prepared
under subsection (1).

(11)In this section—

• “child” means a person under 18;

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

  (a)

  40the prevention or detection of crime, or

  (b)

  other 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)

  45a person who under the British Nationality Act 1981 is a British
  subject, 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.

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

(1)5In 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 170 of the Police,
10Crime, Sentencing and Courts Act 2022 (list of countries where
children are at a high risk of sexual abuse or sexual exploitation)
and has not been withdrawn, the court must have regard to the
list in considering—

(a)whether a sexual harm prevention order is necessary for
15the purpose of protecting children generally, or any
particular children, from sexual harm from the offender
outside the United Kingdom, and

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

(2)20In section 350 of the Sentencing Code (sexual harm prevention orders:
variations, renewals and discharges)—

(a)after subsection (3) insert—

“(3A)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 (list of countries where
25children are at high risk of sexual abuse or sexual exploitation)
and has not been withdrawn, a person mentioned in subsection
(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
30protecting children generally, or any particular children,
from sexual harm from the offender outside the United
Kingdom, and

(b)in particular, whether to apply for an order imposing,
varying or renewing a prohibition on foreign travel for
35that purpose.”, and

(b)after subsection (6A) (inserted by section 173) insert—

“(6B)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 and has not been
withdrawn, the court must have regard to the list in
40considering—

(a)whether an order varying or renewing the sexual harm
prevention order is necessary for the purpose of
protecting children generally, or any particular children,
from sexual harm from the offender outside the United
45Kingdom, and

(b)in particular, whether an order imposing, varying or
renewing 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)If a list has been published under section 170 of the Police,
5Crime, Sentencing and Courts Act 2022 (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—

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

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

(b)15after subsection (4A) (inserted by section 169) insert—

“(4B)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 and has not been
withdrawn, a person mentioned in subsection (4A) must have
regard to the list in considering—

(a)20whether 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
made for the purpose of protecting children generally,
or any particular children, from sexual harm from that
25person 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
purpose.”

(5)In section 103E (sexual harm prevention orders: variations, renewals and
30discharges)—

(a)after subsection (2) insert—

“(2A)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 (list of countries where
children are at high risk of sexual abuse or sexual exploitation)
35and 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
sexual harm prevention order for the purpose of
protecting children generally, or any particular children,
40from sexual 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
that purpose.”,

(b)45after subsection (5A) (inserted by section 173) insert—

“(5B)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 and has not been
withdrawn, 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,
from sexual harm from the defendant outside the
5United Kingdom, and

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

(c)in subsection (6), for “subsection (5)” substitute “subsections (2A), (5)
10and (5B)”.

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

(a)after subsection (2) insert—

“(2A)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 (list of countries where
15children 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
20order 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
25purpose.”,

(b)after subsection (3) insert—

“(3A)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 and has not been
withdrawn, the court must have regard to the list in
30considering—

(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)35in 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
40order 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 170 of the Police,
45Crime, Sentencing and Courts Act 2022 (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)
there 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,
5from harm from the defendant outside the United
Kingdom, and

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

(b)10after subsection (6) insert—

“(6A)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 and has not been
withdrawn, the court must have regard to the list in
considering—

(a)15whether 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)in particular, whether a prohibition on foreign travel
20(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 170 of the Police,
Crime, Sentencing and Courts Act 2022 (list of countries where
25children 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
sexual risk order for the purpose of protecting children
30generally, 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
that purpose.”,

(b)35in subsection (3) for “the application” substitute “an application made
under this section”, and

(c)after subsection (4A) (inserted by section 174) insert—

“(4B)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 and has not been
40withdrawn, 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
children generally, or any particular children, from
45harm 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.”

(9)50In section 122E (interim sexual risk orders)—

(a)after subsection (2) insert—

“(2A)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 (list of countries where
children are at high risk of sexual abuse or sexual exploitation)
5and 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
10particular children, from 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
purpose.”,

(b)15after subsection (3) insert—

“(3A)If a list has been published under section 170 of the Police,
Crime, Sentencing and Courts Act 2022 and has not been
withdrawn, the court must have regard to the list in
considering—

(a)20whether to make 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)in particular, whether to include a prohibition on
25foreign travel in any such order 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 risk order as they
apply in relation to an application for such an order.”

172 30Standard of proof

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

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

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

(b)35for paragraph (b) substitute—

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

(c)40the court is satisfied that the defendant having acted in
such a way makes it necessary to make a sexual harm
prevention order, for the purpose of—

(i)protecting the public or any particular members
of the public from sexual harm from the
45defendant, or

(ii)protecting children or vulnerable adults
generally, 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)5On 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
10by 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
of—

(i)protecting the public or any particular members of the
15public from harm from the defendant, or

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

173 Sexual harm prevention orders: power to impose positive requirements

(1)20The 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)In this Code a “sexual harm prevention order” means an order
made under this Chapter in respect of an offender.

(1A)25A sexual harm prevention order may—

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

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

(b)30in subsection (2), after “prohibitions” insert “or requirements”, and

(c)after subsection (2) insert—

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

(a)35any 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
establishment, and

(c)any conflict with any other court order or injunction to
40which 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)in subsection (1)(b)—

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

(ii)45for ““prohibition period”” substitute ““specified period””,

(c)in subsection (2)—

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

(ii)in paragraph (b), after “prohibition” insert “or requirement”,
5and

(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)10A sexual harm prevention order that imposes a requirement to do
something on an offender 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,
15the 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)an individual representing the organisation to be specified
20under 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 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
25requirements for which the person has responsibility (“the
relevant requirements”);

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

(c)if the person considers that—

(i)30the offender has complied with all the relevant
requirements, or

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

to inform the appropriate chief officer of police.

(5)35In subsection (4)(c) the “appropriate chief officer of police means—

(a)the chief officer of police for the police area in which it appears
to 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
40one police area, whichever of the chief officers of police of those
areas the person thinks it is most appropriate to inform.

(6)An 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
45relation to that requirement, in accordance with any
instructions given by that person from time to time, and