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

Part 10 continued    

(b)notify 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)5the address of the offender’s sole or main residence in the
United 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,
10such one of those places as the offender may select.”

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

(a)in subsection (6)—

(i)in the words before paragraph (a), after “prohibitions” insert “or
15requirements”, and

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

(b)after subsection (6) insert—

(6A)Any additional prohibitions or requirements that are imposed
20on 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
offender normally works or attends any educational
establishment, and

(c)25any 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)In section 354 (offence: breach of sexual harm prevention order)—

(a)for subsection (1) substitute—

“(1)30A person commits an offence if, without reasonable excuse, the
person—

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

(b)fails to do something that the person is required to do by
35a sexual harm prevention order.”,

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

(c)omit subsection (3).

(7)In paragraph 98 of Schedule 22 to the Sentencing Act 2020 (amendment of
40section 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)In section 103C (sexual harm prevention orders: effect)—

(a)for subsection (1) substitute—

“(1)45A sexual harm prevention order may—

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

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

(b)5in subsection (2), after “prohibition” insert “or requirement”,

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

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

(e)after subsection (4) insert—

(4A)10The 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)any conflict with the defendant’s religious beliefs,

(b)any interference with the times, if any, at which the
15defendant 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
(6)).”

(10)20After section 103C insert—

“103CA  SHPOs: requirements included in order etc.  

(1)A sexual harm prevention 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.

25The 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)the individual to be specified under subsection (1), if an
30individual 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
requirements (see instead section 103FA(5) and (6)).

(4)35It 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)to promote the defendant’s compliance with the relevant
40requirements;

(c)if the person considers that—

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

(ii)the defendant has failed to comply with a relevant
45requirement,

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
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
5than one police area, whichever of the chief officers of police of
those 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
10relation 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
address.

These obligations have effect as requirements of the order.”

(11)15In section 103E (sexual harm prevention orders: variations, renewals and
discharges)—

(a)in subsection (5)—

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

(ii)20in the words after paragraph (b), after “prohibitions” insert
“and requirements”,

(b)after subsection (5) insert—

“(5A)Any additional prohibitions or requirements that are imposed
on the defendant must, so far as practicable, be such as to
25avoid—

(a)any 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)30any 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)In section 103F(3) (interim sexual harm prevention orders), for the words from
“, prohibiting the defendant” to the end of the subsection substitute “—

(a)35prohibiting 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
sexual harm prevention order)—

(a)before subsection (1) insert—

“(A1)40A 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
harm prevention order, or

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

commits an offence.”,

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

(c)omit subsection (2).

174 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)5for subsection (7) substitute—

“(7)A sexual risk order may—

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

(b)require the defendant to do anything described in the
10order.”,

(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)
specified in the order or until further order, and

(b)15may specify different periods for different prohibitions
or requirements.”,

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

(d)after subsection (9) insert—

“(9A)The prohibitions or requirements which are imposed on the
20defendant 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
defendant normally works or attends any educational
25establishment, and

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

(3)After section 122B insert—

“122BA 30 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.

The person may be an individual or an organisation.

(2)35Before 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)an individual representing the organisation to be specified
40under 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)to 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
5requirements;

(c)if the person considers that—

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

(ii)the defendant has failed to comply with a relevant
10requirement,

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
to the person specified under subsection (1) that the defendant
15resides, 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
those areas the person thinks it is most appropriate to inform.

(6)A defendant subject to a requirement imposed by a sexual risk order
20must—

(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
25address.

These obligations have effect as requirements of the order.”

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

(a)in subsection (4)—

(i)in the words before paragraph (a), after “prohibitions” insert “or
30requirements”, and

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

(b)after that subsection, insert—

“(4A)Any additional prohibitions or requirements that are imposed
35on 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
defendant normally works or attends any educational
40establishment, and

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

(5)In section 122E(3) (interim sexual risk orders), for the words from “, prohibiting
the defendant” to the end of the subsection substitute “—

(a)45prohibiting 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
etc)—

(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)5fails 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).

175 10Positive requirements: further amendments

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

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

(b)15in subsection (7), in the words before paragraph (a), after “prohibitions”
insert “and requirements”.

(2)In 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
20person—

(a)contravenes a prohibition 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)25an interim sexual harm prevention order,

other than a prohibition on foreign travel, or

(b)fails 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
30Code (sexual harm prevention order on conviction), or

(iii)an interim sexual harm prevention order.”

(3)In 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)35after subsection (1) insert—

“(1A)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)fails to do something that the person is required to do by
40a sexual risk order or an interim sexual risk order,

commits an offence.”

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

(b)5in 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
by court in Northern Ireland)—

(a)in subsection (4), in the words before paragraph (a), after “prohibitions”
10insert “or requirements”, and

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

(7)In 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)15after 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
by an equivalent order from elsewhere in the United
Kingdom.”,

(b)20in each of subsections (2) and (3), after “subsection (1)” insert “or (1A)”,
and

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

176 Electronic monitoring requirements

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

(2)25In section 343 (sexual harm prevention order), after subsection (3) (inserted by
section 173 of this Act) insert—

“(4)A sexual harm prevention order may require the offender to submit to
electronic monitoring of the offender’s compliance with the
prohibitions and requirements imposed by the order (see section 348A
30for 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
Kingdom” insert “and section 348A for further matters to be included
in the case of an electronic monitoring requirement”, and

(b)35in subsection (2), in the words after paragraph (b), after “travel)” insert
“and section 348A(8) (electronic monitoring requirements)”.

(4)After section 348 insert—

“348A  Sexual harm prevention orders: electronic monitoring requirements

(1)Subsections (2) and (3) apply for the purpose of determining whether a
40court 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-
operation it would be impracticable to secure the monitoring in
question, the requirement may not be imposed without that person’s
45consent.

(3)The 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
5arrangements 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)10a requirement that the offender must remain, for
specified 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
15specified is situated.

“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
20monitoring.

(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 imposes an electronic
25monitoring requirement on the offender, the offender 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
30apparatus, and

(ii)the 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)35take 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.

These obligations have effect as requirements of the sexual harm
prevention order under which the electronic monitoring requirement is
40imposed.

(8)A 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
45each time) under section 350.

348B 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
offenders under electronic monitoring requirements imposed by sexual
5harm prevention orders.

(2)A 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 171 of this Act) insert—

“(6C)10Section 348A (electronic monitoring requirements) applies in relation
to—

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

(b)15the 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)In its application to the variation or renewal of an order, section
348A(4)(b) has effect as if—

(a)20the 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
a requirement or provision, and

(b)the reference to the local justice area in which the place or area
25proposed 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
(16).

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

(a)30in subsection (2), for “section 103D(1)” substitute “sections 103D(1) and
103FA(8)”, and

(b)after subsection (4A) (inserted by section 173 of this Act) insert—

“(4B)A sexual harm prevention order may require the defendant to
submit to electronic monitoring of the defendant’s compliance
35with the prohibitions and requirements imposed by the order
(see section 103FA for further provision about such a
requirement).”

(8)In section 103E (sexual harm prevention orders: variations, renewals and
discharges) after subsection (5B) (inserted by section 171 of this Act) insert—

“(5C)40Section 103FA (electronic monitoring requirements) applies in relation
to—

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

(b)45the 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)In 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
5(i) or (ii) included a case where the order already includes such
a 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)10In section 103F (interim sexual harm prevention orders)—

(a)after subsection (3A) (inserted by section 171 of this Act) insert—

“(3B)An interim 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
15the 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)After section 103F insert—

“103FA 20 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
prevention order or interim sexual harm prevention order.

(2)25If 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)30it 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)35the 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)40a 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.

“Specified” means specified in the sexual harm prevention order or
45interim sexual harm prevention order under which the electronic
monitoring requirement is imposed.