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107 Interim SOPOs | |
(1) This section applies where an application under section 102(5) (“the main | |
application”) has not been determined. | |
(2) An application for an order under this section (“an interim sexual offences | |
prevention order”)— | 5 |
(a) may be made by the complaint by which the main application is made, | |
or | |
(b) if the main application has been made, may be made by the person who | |
has made that application, by complaint to the court to which that | |
application has been made. | 10 |
(3) The court may, if it considers it just to do so, make an interim sexual offences | |
prevention order, prohibiting the defendant from doing anything described in | |
the order. | |
(4) Such an order— | |
(a) has effect only for a fixed period, specified in the order; | 15 |
(b) ceases to have effect, if it has not already done so, on the determination | |
of the main application. | |
(5) While such an order has effect— | |
(a) the defendant is subject to the notification requirements of this Part; | |
(b) this Part applies to the defendant, subject to the modification set out in | 20 |
subsection (6). | |
(6) The “relevant date” means the date of service of the order. | |
(7) The applicant or the defendant may by complaint apply to the court that made | |
the interim sexual offences prevention order for the order to be varied, | |
renewed or discharged. | 25 |
(8) Subsection (7) applies to orders under— | |
(a) section 2A of the Crime and Disorder Act 1998 (c. 37) (interim orders | |
made in England and Wales), and | |
(b) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. | |
1998/2839 (N.I. 20)) (interim orders made in Northern Ireland), | 30 |
as it applies to interim sexual offences prevention orders. | |
108 SOPOs and interim SOPOs: appeals | |
(1) A defendant may appeal against the making of a sexual offences prevention | |
order— | |
(a) where section 102(2) applied to him, as if the order were a sentence | 35 |
passed on him for the offence; | |
(b) where section 102(3) (but not section 102(2)) applied to him, as if he had | |
been convicted of the offence and the order were a sentence passed on | |
him for that offence; | |
(c) where the order was made on an application under section 102(5), to | 40 |
the Crown Court. | |
(2) A defendant may appeal to the Crown Court against the making of an interim | |
sexual offences prevention order. | |
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(3) A defendant may appeal against the making of an order under section 106, or | |
the refusal to make such an order— | |
(a) where the application for such an order was made to the Crown Court, | |
to the Court of Appeal; | |
(b) in any other case, to the Crown Court. | 5 |
(4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make | |
such orders as may be necessary to give effect to its determination of the | |
appeal, and may also make such incidental or consequential orders as appear | |
to it to be just. | |
(5) Any order made by the Crown Court on an appeal under subsection (1)(c) or | 10 |
(2) (other than an order directing that an application be re-heard by a | |
magistrates’ court) is for the purpose of section 106(7) or 107(7) (respectively) | |
to be treated as if it were an order of the court from which the appeal was | |
brought (and not an order of the Crown Court). | |
109 Appeals in relation to SOPOs and interim SOPOs: Scotland | 15 |
In Scotland— | |
(a) an interlocutor granting, refusing, varying, renewing or discharging a | |
sexual offences prevention order or interim sexual offences prevention | |
order is an appealable interlocutor; and | |
(b) where an appeal is taken against an interlocutor so granting, varying or | 20 |
renewing such an order the order shall, without prejudice to any power | |
of the court to vary or recall it, continue to have effect pending the | |
disposal of the appeal. | |
110 Sections 102 and 104 to 107: Scotland | |
(1) Sections 102 and 104 to 107 apply to Scotland with the following | 25 |
modifications— | |
(a) subsections (1)(b), (2) and (3) of section 102 shall be disregarded; | |
(b) an application under subsection (5) of section 102 shall not be | |
competent in respect of a person who is a qualifying offender by virtue | |
only of a conviction or finding which relates to an offence listed at | 30 |
paragraph 64 of Schedule 4; | |
(c) in section 106(8), for the words from “orders”, where it first occurs, to | |
the end of paragraph (c) there is substituted “sex offender orders under | |
section 20 of the Crime and Disorder Act 1998”; | |
(d) in section 107(8), for the words from “orders”, where it first occurs, to | 35 |
the end of paragraph (b) there is substituted “interim sex offender | |
orders under section 20 of the Crime and Disorder Act 1998”; | |
(e) references to a chief officer of police and to his police area are to be read, | |
respectively, as references to a chief constable and to the area of his | |
police force; | 40 |
(f) references to the defendant are to be read as references to the person in | |
respect of whom the order is sought or has effect; | |
(g) an application for a sexual offences prevention order or interim sexual | |
offences prevention order is made by summary application to any | |
sheriff within whose sheriffdom lies— | 45 |
(i) any part of the area of the applicant’s police force; or | |
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(ii) any place where it is alleged that the person in respect of whom | |
the order is sought or has effect acted in a way mentioned in | |
subsection (5)(b) of section 102, | |
(references to “the court” being construed accordingly); | |
(h) an application for the variation, renewal or discharge of either such | 5 |
order is made by summary application to the sheriff who made the | |
order or to a sheriff— | |
(i) within whose sheriffdom the person subject to the order resides; | |
or | |
(ii) where the application is made by a chief constable, within | 10 |
whose sheriffdom lies any part of the area of the applicant’s | |
police force, | |
(references to “the court” being construed accordingly). | |
(2) A record of evidence shall be kept on any summary application made by virtue | |
of subsection (1)(g) or (h) above. | 15 |
(3) The clerk of the court by which, by virtue of that subsection, a sexual offences | |
prevention order or interim sexual offences prevention order is made, varied, | |
renewed or discharged shall cause a copy of, as the case may be— | |
(a) the order as so made, varied or renewed; or | |
(b) the interlocutor by which discharge is effected, | 20 |
to be given to the person named in the order or sent to him by registered post | |
or by the recorded delivery service (an acknowledgement or certificate of | |
delivery of a copy so sent, issued by the Post Office, being sufficient evidence | |
of the delivery of the copy on the day specified in the acknowledgement or | |
certificate). | 25 |
111 Offence: breach of SOPO or interim SOPO | |
(1) A person commits an offence if, without reasonable excuse, he does anything | |
which he is prohibited from doing by— | |
(a) a sexual offences prevention order; | |
(b) an interim sexual offences prevention order; | 30 |
(c) an order under section 5A of the Sex Offenders Act 1997 (c. 51) | |
(restraining orders); | |
(d) an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 | |
(c. 37) (sex offender orders and interim orders made in England and | |
Wales and in Scotland); | 35 |
(e) an order under Article 6 or 6A of the Criminal Justice (Northern | |
Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and | |
interim orders made in Northern Ireland). | |
(2) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | 40 |
months or a fine not exceeding the statutory maximum or both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
5 years. | |
(3) Where a person is convicted of an offence under this section, it is not open to | |
the court by or before which he is convicted to make, in respect of the offence, | 45 |
an order for conditional discharge. | |
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Foreign travel orders | |
112 Foreign travel orders: applications and grounds | |
(1) A chief officer of police may by complaint to the magistrates’ court apply for | |
an order under this section (a “foreign travel order”) in respect of a person (“the | |
defendant”) who resides in his police area or who the chief officer believes is in | 5 |
or is intending to come to his police area if it appears to the chief officer that— | |
(a) the defendant is a qualifying offender, and | |
(b) the defendant has since the appropriate date acted in such a way as to | |
give reasonable cause to believe that it is necessary for such an order to | |
be made. | 10 |
(2) An application under subsection (1) may be made to any magistrates’ court | |
whose commission area includes any part of the applicant’s police area. | |
(3) On the application, the court may make a foreign travel order if it is satisfied | |
that— | |
(a) the defendant is a qualifying offender, and | 15 |
(b) the defendant’s behaviour since the appropriate date makes it | |
necessary to make such an order, for the purpose of protecting children | |
generally or any child from serious sexual harm from the defendant | |
outside the United Kingdom. | |
113 Section 112: interpretation | 20 |
(1) Subsections (2) to (5) apply for the purposes of section 112. | |
(2) “Protecting children generally or any child from serious sexual harm from the | |
defendant outside the United Kingdom” means protecting persons under 16 | |
generally or any particular person under 16 from serious physical or | |
psychological harm caused by the defendant doing, outside the United | 25 |
Kingdom, anything which would constitute an offence listed in Schedule 3 if | |
done in any part of the United Kingdom. | |
(3) Acts and behaviour include those occurring before the commencement of this | |
Part. | |
(4) “Qualifying offender” has the meaning given by section 114. | 30 |
(5) “Appropriate date”, in relation to a qualifying offender, means the date or (as | |
the case may be) the first date on which he was convicted, found or cautioned | |
as mentioned in subsection (1) or (3) of section 114. | |
(6) In this section and section 114 as they apply to Northern Ireland, references to | |
persons, or to a person, under 16 are to be read as references to persons, or to a | 35 |
person, under 17. | |
114 Section 112: qualifying offenders | |
(1) A person is a qualifying offender for the purposes of section 112 if, whether | |
before or after the commencement of this Part, he— | |
(a) has been convicted of an offence within subsection (2), | 40 |
(b) has been found not guilty of such an offence by reason of insanity, | |
(c) has been found to be under a disability and to have done the act | |
charged against him in respect of such an offence, or | |
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(d) in England and Wales or Northern Ireland, has been cautioned in | |
respect of such an offence. | |
(2) The offences are— | |
(a) an offence within any of paragraphs 13 to 15, 41 to 43, 75, 76 and 80 of | |
Schedule 3; | 5 |
(b) an offence within paragraph 28 of that Schedule, if the intended offence | |
was an offence against a person under 16; | |
(c) an offence within paragraph 91 of that Schedule, if— | |
(i) the corresponding civil offence is an offence within any of | |
paragraphs 13 to 15 of that Schedule; | 10 |
(ii) the corresponding civil offence is an offence within paragraph | |
28 of that Schedule, and the intended offence was an offence | |
against a person under 16; or | |
(iii) the corresponding civil offence is an offence within any of | |
paragraphs 1 to 12, 16 to 27 and 29 to 32 of that Schedule, and | 15 |
the victim of the offence was under 16 at the time of the offence. | |
(d) an offence within any other paragraph of that Schedule, if the victim of | |
the offence was under 16 at the time of the offence. | |
(3) A person is also a qualifying offender for the purposes of section 112 if, under | |
the law in force in a country outside the United Kingdom and whether before | 20 |
or after the commencement of this Part— | |
(a) he has been convicted of a relevant offence (whether or not he has been | |
punished for it), | |
(b) a court exercising jurisdiction under that law has made in respect of a | |
relevant offence a finding equivalent to a finding that he is not guilty by | 25 |
reason of insanity, | |
(c) such a court has made in respect of a relevant offence a finding | |
equivalent to a finding that he is under a disability and did the act | |
charged against him in respect of the offence, or | |
(d) he has been cautioned in respect of a relevant offence. | 30 |
(4) In subsection (3), “relevant offence” means an act which— | |
(a) constituted an offence under the law in force in the country concerned, | |
and | |
(b) would have constituted an offence within subsection (2) if it had been | |
done in any part of the United Kingdom. | 35 |
(5) An act punishable under the law in force in a country outside the United | |
Kingdom constitutes an offence under that law for the purposes of subsection | |
(4), however it is described in that law. | |
(6) Subject to subsection (7), on an application under section 112 the condition in | |
subsection (4)(b) above (where relevant) is to be taken as met unless, not later | 40 |
than rules of court may provide, the defendant serves on the applicant a | |
notice— | |
(a) stating that, on the facts as alleged with respect to the act concerned, the | |
condition is not in his opinion met, | |
(b) showing his grounds for that opinion, and | 45 |
(c) requiring the applicant to prove that the condition is met. | |
(7) The court, if it thinks fit, may permit the defendant to require the applicant to | |
prove that the condition is met without service of a notice under subsection (6). | |
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