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

continued    Part 3 continued    

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

(9)A relevant Scottish order as renewed or varied under this section
5may contain only such prohibitions and requirements as are
necessary for the purpose of—

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

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

(10)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Sentencing and Courts Act 2022 and has not been withdrawn, the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 any order varying or renewing the relevant Scottish
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)in particular, whether an order imposing, varying or
20renewing a prohibition on foreign travel is necessary for that
purpose.

(11)A relevant Scottish order may be renewed or varied under this
section so as to require the defendant to submit to electronic
monitoring of the defendant’s compliance with the prohibitions and
25requirements imposed by the order.

(12)Section 103FA (electronic monitoring requirements) applies in
relation to—

(a)the variation under this section of a relevant Scottish order to
require the defendant to submit to electronic monitoring of
30the 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 (13).

(13)35In its application to the variation or renewal of a relevant Scottish
order, section 103FA has effect as if—

(a)the reference in subsection (4)(b) 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
40the order already includes such a requirement or provision,

(b)the reference in subsection (4)(b) 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, and

(c)45the reference in subsection (9) to section 103E were to this
section.

(14)The court must not discharge a relevant Scottish order, or vary such
an order so as to remove a prohibition or requirement, unless the

order or, as the case may be, the prohibition or requirement is no
longer necessary for the purpose of—

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

(b)5protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual harm
from the defendant outside the United Kingdom.

(15)In this section—

• “adult magistrates’ court” means a magistrates’ court that is not
  10a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult
  magistrates’ court for the area in which the defendant
  resides or, where the application is made by a chief
  15officer of police, any adult magistrates’ court acting
  for a local justice area that includes any part of the
  chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth
  court for the area in which the defendant resides or,
  20where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  that includes any part of the chief officer’s police area;

• “child” means a person under 18;

• “prohibition on foreign travel” includes a prohibition on foreign
  25travel within the meaning of Chapter 3 of Part 2 of the
  Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see
  sections 17 and 25 of that Act);

• “sexual harm” and “vulnerable adult” have the same meanings
  as in Chapter 3 of Part 2 of the Abusive Behaviour and Sexual
  30Harm (Scotland) Act 2016 (see sections 10 and 25 of that Act).

136ZH  Variation, renewal or discharge of sexual offences prevention order
or foreign travel order by court in England and Wales

(1)This section applies where a relevant order has been made in respect
of a person who now—

(a)35is residing in England and Wales, or

(b)is in or is intending to come to England and Wales.

(2)In this section “relevant order” means—

(a)a sexual offences prevention order, or

(b)a foreign travel order.

(3)40A person within subsection (4) may by complaint to the appropriate
court apply for an order varying, renewing or discharging the
relevant order.

(4)Those persons are—

(a)the defendant;

(b)45the chief officer of police for the area in which the defendant
resides;

(c)a chief officer of police who believes that the defendant is in,
or is intending to come to, that officer’s police area.

(5)If—

(a)this section applies in relation to a person because that person
is subject to a foreign travel order, and

(b)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,

a person mentioned in subsection (4)(b) or (c) must have regard to
the list in considering whether to apply for an order varying or
10renewing the foreign travel order.

(6)Subject to subsections (7) to (16), on an application under this section
the court, after hearing the person making the application and (if
they wish to be heard) the other persons mentioned in subsection (4),
may make any order varying, renewing or discharging the relevant
15order that the court considers appropriate.

(7)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
England and Wales, and

(b)whether the defendant is likely to return to, or to visit,
20Northern Ireland.

(8)A sexual offences prevention order may be renewed, or varied under
this section so as to impose additional prohibitions or requirements
on the defendant, only if it is necessary to do so for the purpose of
protecting the public in England and Wales, or any particular
25members of the public in England and Wales, from serious sexual
harm from the defendant.

(9)A sexual offences prevention order as renewed or varied under this
section may contain only such prohibitions and requirements as are
necessary for the purpose of protecting the public or any particular
30members of the public from serious sexual harm from the defendant.

(10)A sexual offences prevention order may be renewed or varied under
this section so as to require the defendant to submit to electronic
monitoring of the defendant’s compliance with the prohibitions and
requirements imposed by the order.

(11)35Section 103FA (electronic monitoring requirements) applies in
relation to—

(a)the variation under this section of a sexual offences
prevention order to require the defendant to submit to
electronic monitoring of the defendant’s compliance with the
40prohibitions 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 (12).

(12)In its application to the variation or renewal of a sexual offences
45prevention order, section 103FA has effect as if—

(a)the reference in subsection (4)(b) 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,

(b)the reference in subsection (4)(b) 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, and

(c)5the reference in subsection (9) to section 103E were to this
section.

(13)The court must not discharge a sexual offences prevention order
before the end of 5 years beginning with the day on which the order
was made without the consent of the defendant and—

(a)10where the application under this section is made by a chief
officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in
which the defendant resides.

(14)A foreign travel order may be renewed, or varied under this section
15so as to impose additional prohibitions on the defendant, only if it is
necessary to do so for the purpose of protecting children generally or
any child from serious sexual harm from the defendant outside the
United Kingdom.

(15)A foreign travel order as renewed or varied under this section may
20contain only such prohibitions as are necessary for the purpose
mentioned in subsection (14).

(16)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 whether to renew or
25vary a foreign travel order under this section.

(17)In this section—

• “adult magistrates’ court” means a magistrates’ court that is not
  a youth court;

• “the appropriate court” means—

  (a)

  30where the defendant is aged 18 or over, an adult
  magistrates’ court for the area in which the defendant
  resides or, where the application is made by a chief
  officer of police, any adult magistrates’ court acting
  for a local justice area that includes any part of the
  35chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth
  court for the area in which the defendant resides or,
  where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  40that includes any part of the chief officer’s police area;

• “child” means a person under 18;

• “serious sexual harm”—

  (a)

  in relation to the renewal or variation of a sexual
  offences prevention order, means serious physical or
  45psychological harm caused by the defendant
  committing one or more of the offences listed in
  Schedule 3;

  (b)

  in relation to the renewal or variation of a foreign
  travel order, means serious physical or psychological
  50harm caused by the defendant doing, outside the

  Police, Crime, Sentencing and Courts BillPage 314

   

  United Kingdom, anything which would constitute
  an offence listed in Schedule 3 if done in any part of
  the United Kingdom.

136ZI  Variation, renewal or discharge of sexual risk order made in Scotland
5by court in England and Wales

(1)This section applies where a relevant Scottish order has been made
in respect of a person (“the defendant”) who now—

(a)is residing in England and Wales, or

(b)is in or is intending to come to England and Wales.

(2)10In this section “relevant Scottish order” means a sexual risk order
made under section 27 of the Abusive Behaviour and Sexual Harm
(Scotland) Act 2016 (asp 22).

(3)A person within subsection (4) may by complaint to the appropriate
court apply for an order varying, renewing or discharging the
15relevant Scottish order.

(4)Those persons are—

(a)the defendant;

(b) the chief officer of police for the area in which the defendant
resides;

(c)20a chief officer of police who believes that the defendant is in,
or is intending to come to, that officer‘s police area.

(5)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) and has not been
25withdrawn, a person mentioned in subsection (4)(b) or (c) must have
regard to the list in considering—

(a)whether to apply for an order varying or renewing the
relevant Scottish order for the purpose of protecting children
generally, or any particular children, from sexual harm from
30the 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.

(6)Subject to subsections (7) to (14), on the application the court, after
35hearing the person making the application and (if they wish to be
heard) the other persons mentioned in subsection (4), may make any
order varying, renewing or discharging the relevant Scottish order
that the court considers appropriate.

(7)In determining the application the court must have regard to—

(a)40the time for which the defendant is likely to remain in
England and Wales, and

(b)whether the defendant is likely to return to, or to visit,
Scotland.

(8)A relevant Scottish order may be renewed, or varied under this
45section so as to impose additional prohibitions or requirements on
the defendant, only if it is necessary to do so for the purpose of—

(a)protecting the public in England and Wales, or any particular
members of the public in England and Wales, from harm
from the defendant, or

(b)protecting children or vulnerable adults generally, or any
5particular children or vulnerable adults, from harm from the
defendant outside the United Kingdom.

(9)A relevant Scottish order as renewed or varied under this section
may contain only such prohibitions and requirements as are
necessary for the purpose of—

(a)10protecting the public or any particular members of the public
from harm from the defendant, or

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

(10)15If 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 relevant Scottish
order is necessary for the purpose of protecting children
20generally, or any particular children, from 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.

(11)25A relevant Scottish order may be renewed or varied under this
section so as to require the defendant to submit to electronic
monitoring of the defendant’s compliance with the prohibitions and
requirements imposed by the order.

(12)Section 122EA (electronic monitoring requirements) applies in
30relation to—

(a)the variation under this section of a relevant Scottish 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)35the 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 (13).

(13)In its application to the variation or renewal of a relevant Scottish
order, section 122EA has effect as if—

(a)40the reference in subsection (4)(b) 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,

(b)the reference in subsection (4)(b) to the local justice area in
45which 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, and

(c)the reference in subsection (9) to section 122D were to this
section.

(14)The court must not discharge a relevant Scottish order, or vary such
an order so as to remove a prohibition or requirement, unless the
order or, as the case may be, the prohibition or requirement is no
longer necessary for the purpose of—

(a)5protecting the public, or any particular members of the
public, from harm from the defendant, or

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

(15)10In this section—

• “adult magistrates’ court” means a magistrates’ court that is not
  a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult
  15magistrates’ court for the area in which the defendant
  resides or, where the application is made by a chief
  officer of police, any adult magistrates’ court acting
  for a local justice area that includes any part of the
  chief officer’s police area;

  (b)

  20where the defendant is under the age of 18, a youth
  court for the area in which the defendant resides or,
  where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  that includes any part of the chief officer’s police area;

• 25“child” means a person under 18;

• “harm” and “vulnerable adult” have the same meanings as in
  Chapter 4 of Part 2 of the Abusive Behaviour and Sexual
  Harm (Scotland) Act 2016 (see sections 26 and 36 of that Act);

• “prohibition on foreign travel” includes a prohibition on foreign
  30travel within the meaning of Chapter 4 of Part 2 of the
  Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see
  sections 29 and 36 of that Act).

136ZJ  Variation, renewal or discharge of risk of sexual harm order by court
in England and Wales

(1)35This section applies where a risk of sexual harm order has been made
in respect of a person who now—

(a)is residing in England and Wales, or

(b)is in or is intending to come to England and Wales.

(2)A person within subsection (3) may by complaint to the appropriate
40court apply for an order varying, renewing or discharging the order.

(3)Those persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant
resides;

(c)45a chief officer of police who believes that the defendant is in,
or is intending to come to, that officer’s police area.

(4)Subject to subsections (5) to (10), on the application the court, after
hearing the person making the application and (if they wish to be
heard) the other persons mentioned in subsection (3), may make any

order varying, renewing or discharging the risk of sexual harm order
that the court considers appropriate.

(5)A risk of sexual harm order may be renewed, or varied under this
section so as to impose—

(a)5additional prohibitions on the defendant, or

(b)requirements of the kind mentioned in subsection (7) on the
defendant,

only if it is necessary to do so for the purpose of protecting children
generally or any child from physical or psychological harm, caused
10by the defendant doing acts within section 123(3).

(6)A risk of sexual harm order as renewed or varied under this section
may contain only—

(a)such prohibitions as are necessary for the purpose mentioned
in subsection (5), and

(b)15such requirements of the kind mentioned in subsection (7) as
are necessary for that purpose.

(7)A risk of sexual harm order may be renewed or varied under this
section so as to require the defendant to submit to electronic
monitoring of the defendant’s compliance with the prohibitions
20imposed by the order.

(8)Section 122EA (electronic monitoring requirements) applies in
relation to—

(a)the variation under this section of a risk of sexual harm order
to require the defendant to submit to electronic monitoring of
25the defendant’s compliance with the prohibitions 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 (9).

(9)30In its application to the variation or renewal of a risk of sexual harm
order, section 122EA has effect as if—

(a)subsection (4)(b)(i) were omitted,

(b)the reference in subsection (4)(b) to a case where it is
proposed to include in the order a provision mentioned in
35sub-paragraph (ii) included a case where the order already
includes such a provision,

(c)the reference in subsection (4)(b) 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
40already specified is situated, and

(d)the reference in subsection (9) to section 122D were to this
section.

(10)The court must not discharge a risk of sexual harm order before the
end of 2 years beginning with the day on which the order was made
45without the consent of the defendant and—

(a)where the application under this section is made by a chief
officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in
which the defendant resides.

(11)In this section—

• “adult magistrates’ court” means a magistrates’ court that is not
  a youth court;

• “the appropriate court” means—

  (a)

  5where the defendant is aged 18 or over, an adult
  magistrates’ court for the area in which the defendant
  resides or, where the application is made by a chief
  officer of police, any adult magistrates’ court acting
  for a local justice area that includes any part of the
  10chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth
  court for the area in which the defendant resides or,
  where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  15that includes any part of the chief officer’s police area;

• “child” means a person under 16.”

Section 186

Schedule 18 Management of terrorist offenders: provision consequential on sections 182
to 185

20Police and Criminal Evidence Act 1984 (c. 60)

1(1)The Police and Criminal Evidence Act 1984 is amended as follows.

(2)In section 51(b), after “section 41” insert “or 43B”.

(3)In section 65(1), in the definition of “the terrorism provisions”, for “section
41” substitute “sections 41 and 43B”.

(4)25In section 118(2)(a), after “section 41” insert “or 43B”.

Criminal Justice and Police Act 2001 (c. 16)

2(1)Schedule 1 to the Criminal Justice and Police Act 2001 is amended as follows.

(2)In Part 1, after paragraph 69B insert—

“69CThe power of seizure conferred by section 43E(2) of the Terrorism
30Act 2000 (seizure on the occasion of a search necessary for
purposes connected with protecting members of the public from a
risk of terrorism).”

(3)In Part 2, after paragraph 82A insert—

“82BThe power of seizure conferred by section 43E(2) of the Terrorism
35Act 2000 (seizure on the occasion of a search necessary for
purposes connected with protecting members of the public from a
risk of terrorism).”

Counter-Terrorism Act 2008 (c. 28)

3In section 1(1) of the Counter-Terrorism Act 2008, after paragraph (bb)

 insert—

“(bc)section 43C(1) of that Act (search of terrorist offender
released on licence);

(bd)section 43C(5) of that Act (search of vehicle in connection
5with search of terrorist offender released on licence);

(be)section 43D of that Act (search of premises of offender
released on licence for purposes connected with protection
from risk of terrorism);”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

4(1)10The Police and Criminal Evidence (Northern Ireland) Order 1989 is
amended as follows.

(2)In Article 2—

(a)in paragraph (2), in the definition of “the terrorism provisions”, for
“section 41” substitute “sections 41 and 43B”;

(b)15in paragraph (3)(a), after “section 41” insert “or 43B”.

(3)In Article 51(b), after “section 41” insert “or 43B”.

Criminal Justice (Scotland) Act 2016 (asp 1)

5In section 59 of the Criminal Justice (Scotland) Act 2016—

(a)in the heading, for “terrorism offences” substitute “cases involving
20terrorism”;

(b)in subsection (1), after “41(1)” insert “or 43B(1)”.

Section 198

Schedule 19 Further provision about video and audio links in criminal proceedings

Criminal Justice Act 2003

1(1)25The Criminal Justice Act 2003 is amended as follows.

(2)For section 52 substitute—

“52 Further provision about the giving, variation and rescission of live-
link directions

(1)The power conferred by section 51 includes power to give—

(a)30a direction that is applicable to several, or all, of the persons
taking part in particular eligible criminal proceedings;

(b)a direction that is applicable to a particular person in respect
of only some aspects of particular eligible criminal
proceedings (such as giving evidence or attending the
35proceedings when not giving evidence);

(c)a direction requiring or permitting a person who is outside
England and Wales (whether in the United Kingdom or
elsewhere) to take part in eligible criminal proceedings
through a live audio link or a live video link.