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115 Foreign travel orders: effect | |
(1) A foreign travel order has effect for a fixed period of not more than 6 months, | |
specified in the order. | |
(2) The order prohibits the defendant from doing whichever of the following is | |
specified in the order— | 5 |
(a) travelling to any country outside the United Kingdom named or | |
described in the order, | |
(b) travelling to any country outside the United Kingdom other than a | |
country named or described in the order, or | |
(c) travelling to any country outside the United Kingdom. | 10 |
(3) The only prohibitions that may be included in the order are those necessary for | |
the purpose of protecting children generally or any child from serious sexual | |
harm from the defendant outside the United Kingdom. | |
(4) If at any time while an order (as renewed from time to time) has effect a | |
defendant is not a relevant offender, the order causes him to be subject to the | 15 |
requirements imposed by regulations made under section 87(1) (and for these | |
purposes the defendant is to be treated as if he were a relevant offender). | |
(5) Where a court makes a foreign travel order in relation to a person already | |
subject to such an order (whether made by that court or another), the earlier | |
order ceases to have effect. | 20 |
(6) Section 113(2) applies for the purposes of this section and section 116. | |
116 Foreign travel orders: variations, renewals and discharges | |
(1) A person within subsection (2) may by complaint to the appropriate court | |
apply for an order varying, renewing or discharging a foreign travel order. | |
(2) The persons are— | 25 |
(a) the defendant; | |
(b) the chief officer of police on whose application the foreign travel order | |
was made; | |
(c) the chief officer of police for the area in which the defendant resides; | |
(d) a chief officer of police who believes that the defendant is in, or is | 30 |
intending to come to, his police area. | |
(3) Subject to subsection (4), 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 (2), may make any order, varying, renewing or | |
discharging the foreign travel order, that the court considers appropriate. | 35 |
(4) An order may be renewed, or varied so 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 (and any renewed or varied order may contain | |
only such prohibitions as are necessary for this purpose). | 40 |
(5) In this section “the appropriate court” means— | |
(a) the court which made the foreign travel order; | |
(b) a magistrates’ court for the area in which the defendant resides; or | |
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(c) where the application is made by a chief officer of police, any | |
magistrates’ court whose commission area includes any part of his | |
police area. | |
117 Foreign travel orders: appeals | |
(1) A defendant may appeal to the Crown Court— | 5 |
(a) against the making of a foreign travel order; | |
(b) against the making of an order under section 116, or the refusal to make | |
such an order. | |
(2) On any such appeal, the Crown Court may make such orders as may be | |
necessary to give effect to its determination of the appeal, and may also make | 10 |
such incidental or consequential orders as appear to it to be just. | |
(3) Any order made by the Crown Court on an appeal under subsection (1)(a) | |
(other than an order directing that an application be re-heard by a magistrates’ | |
court) is for the purposes of section 116(5) 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 | 15 |
Court). | |
118 Appeals in relation to foreign travel orders: Scotland | |
In Scotland— | |
(a) an interlocutor granting, refusing, varying, renewing or discharging a | |
foreign travel order is an appealable interlocutor; and | 20 |
(b) where an appeal is taken against an interlocutor so granting, varying or | |
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. | |
119 Sections 112 to 116: Scotland | 25 |
(1) Sections 112 to 116 apply to Scotland with the following modifications— | |
(a) 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; | |
(b) references to the defendant are to be read as references to the person in | 30 |
respect of whom the order is sought or has effect; | |
(c) an application for a foreign travel order is made by summary | |
application to any sheriff within whose sheriffdom lies any part of the | |
area of the applicant’s police force (references to “the court” being | |
construed accordingly); | 35 |
(d) for paragraphs (a) to (c) of section 116(5) there is substituted— | |
“(a) the sheriff who made the foreign travel order; or | |
(b) where the application is made by a chief constable, a | |
sheriff whose sheriffdom includes any part of the area of | |
the applicant’s police force.” | 40 |
(2) A record of evidence shall be kept on any summary application made by virtue | |
of subsection (1)(c) above. | |
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(3) The clerk of the court by which, by virtue of that subsection, a foreign travel | |
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, | 5 |
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). | 10 |
120 Offence: breach of foreign travel order | |
(1) A person commits an offence if, without reasonable excuse, he does anything | |
which he is prohibited from doing by a foreign travel order. | |
(2) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | 15 |
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, | 20 |
an order for conditional discharge (or, in Scotland, a probation order). | |
Risk of sexual harm orders | |
121 Risk of sexual harm orders: applications, grounds and effect | |
(1) A chief officer of police may by complaint to the magistrates’ court apply for | |
an order under this section (a “risk of sexual harm order”) in respect of a person | 25 |
aged 18 or over (“the defendant”) who resides in his police area or who the | |
chief officer believes is in, or is intending to come to, his police area if it appears | |
to the chief officer that— | |
(a) the defendant has on at least two occasions, whether before or after the | |
commencement of this Part, done an act within subsection (3), and | 30 |
(b) as a result of those acts, there is reasonable cause to believe that it is | |
necessary for such an order to be made. | |
(2) An application under subsection (1) may be made to any magistrates’ court | |
whose commission area includes— | |
(a) any part of the applicant’s police area, or | 35 |
(b) any place where it is alleged that the defendant acted in a way | |
mentioned in subsection (1)(a). | |
(3) The acts are— | |
(a) engaging in sexual activity involving a child or in the presence of a | |
child; | 40 |
(b) causing or inciting a child to watch a person engaging in sexual activity | |
or to look at a moving or still image that is sexual; | |
(c) giving a child anything that relates to sexual activity or contains a | |
reference to such activity; | |
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(d) communicating with a child, where any part of the communication is | |
sexual. | |
(4) On the application, the court may make a risk of sexual harm order if it is | |
satisfied that— | |
(a) the defendant has on at least two occasions, whether before or after the | 5 |
commencement of this section, done an act within subsection (3); and | |
(b) it is necessary to make such an order, for the purpose of protecting | |
children generally or any child from harm from the defendant. | |
(5) Such an order— | |
(a) prohibits the defendant from doing anything described in the order; | 10 |
(b) has effect for a fixed period (not less than 5 years) specified in the order | |
or until further order. | |
(6) The only prohibitions that may be imposed are those necessary for the purpose | |
of protecting children generally or any child from harm from the defendant. | |
(7) Where a court makes a risk of sexual harm order in relation to a person already | 15 |
subject to such an order (whether made by that court or another), the earlier | |
order ceases to have effect. | |
122 Section 121: interpretation | |
(1) Subsections (2) to (7) apply for the purposes of section 121. | |
(2) “Protecting children generally or any child from harm from the defendant” | 20 |
means protecting children generally or any child from physical or | |
psychological harm, caused by the defendant doing acts within section 121(3). | |
(3) “Child” means a person under 16. | |
(4) “Image” means an image produced by any means, whether of a real or | |
imaginary subject. | 25 |
(5) “Sexual activity” means an activity that a reasonable person would, in all the | |
circumstances but regardless of any person’s purpose, consider to be sexual. | |
(6) A communication is sexual if— | |
(a) any part of it relates to sexual activity, or | |
(b) a reasonable person would, in all the circumstances but regardless of | 30 |
any person’s purpose, consider that any part of the communication is | |
sexual. | |
(7) An image is sexual if— | |
(a) any part of it relates to sexual activity, or | |
(b) a reasonable person would, in all the circumstances but regardless of | 35 |
any person’s purpose, consider that any part of the image is sexual. | |
(8) In this section, as it applies to Northern Ireland, subsection (3) has effect with | |
the substitution of “17” for “16”. | |
123 RSHOs: variations, renewals and discharges | |
(1) A person within subsection (2) may by complaint to the appropriate court | 40 |
apply for an order varying, renewing or discharging a risk of sexual harm | |
order. | |
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(2) The persons are— | |
(a) the defendant; | |
(b) the chief officer of police on whose application the risk of sexual harm | |
order was made; | |
(c) the chief officer of police for the area in which the defendant resides; | 5 |
(d) a chief officer of police who believes that the defendant is in, or is | |
intending to come to, his police area. | |
(3) Subject to subsections (4) and (5), 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 (2), may make any order, varying, renewing or | 10 |
discharging the risk of sexual harm order, that the court considers appropriate. | |
(4) An order may be renewed, or varied so 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 harm from the defendant (and any | |
renewed or varied order may contain only such prohibitions as are necessary | 15 |
for this purpose). | |
(5) The court must not discharge an 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) where the application is made by a chief officer of police, that chief | 20 |
officer, or | |
(b) in any other case, the chief officer of police for the area in which the | |
defendant resides. | |
(6) Section 122(2) applies for the purposes of this section. | |
(7) In this section “the appropriate court” means— | 25 |
(a) the court which made the risk of sexual harm order; | |
(b) a magistrates’ court for the area in which the defendant resides; or | |
(c) where the application is made by a chief officer of police, any | |
magistrates’ court whose commission area includes any part of his | |
police area. | 30 |
124 Interim RSHOs | |
(1) This section applies where an application for a risk of sexual harm order (“the | |
main application”) has not been determined. | |
(2) An application for an order under this section (“an interim risk of sexual harm | |
order”)— | 35 |
(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. | 40 |
(3) The court may, if it considers it just to do so, make an interim risk of sexual | |
harm 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; | 45 |
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(b) ceases to have effect, if it has not already done so, on the determination | |
of the main application. | |
(5) The applicant or the defendant may by complaint apply to the court that made | |
the interim risk of sexual harm order for the order to be varied, renewed or | |
discharged. | 5 |
125 RSHOs and interim RSHOs: appeals | |
(1) A defendant may appeal to the Crown Court— | |
(a) against the making of a risk of sexual harm order; | |
(b) against the making of an interim risk of sexual harm order; or | |
(c) against the making of an order under section 123, or the refusal to make | 10 |
such an order. | |
(2) On any such appeal, 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. | |
(3) Any order made by the Crown Court on an appeal under subsection (1)(a) or | 15 |
(b) (other than an order directing that an application be re-heard by a | |
magistrates’ court) is for the purpose of section 123(7) or 124(5) (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). | |
126 Offence: breach of RSHO or interim RSHO | 20 |
(1) A person commits an offence if, without reasonable excuse, he does anything | |
which he is prohibited from doing by— | |
(a) a risk of sexual harm order; or | |
(b) an interim risk of sexual harm order. | |
(2) A person guilty of an offence under this section is liable— | 25 |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | |
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 | 30 |
the court by or before which he is convicted to make, in respect of the offence, | |
an order for conditional discharge. | |
127 Effect of conviction etc. of an offence under section 126 | |
(1) This section applies to a person (“the defendant”) who— | |
(a) is convicted of an offence under section 126; | 35 |
(b) is found not guilty of such an offence by reason of insanity; | |
(c) is found to be under a disability and to have done the act charged | |
against him in respect of such an offence; or | |
(d) in England and Wales or Northern Ireland, is cautioned in respect of | |
such an offence. | 40 |
(2) Where — | |
(a) a defendant was a relevant offender immediately before this section | |
applied to him, and | |
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(b) the defendant would (apart from this subsection) cease to be subject to | |
the notification requirements of this Part while the relevant order (as | |
renewed from time to time) has effect, | |
the defendant remains subject to the notification requirements. | |
(3) Where the defendant was not a relevant offender immediately before this | 5 |
section applied to him— | |
(a) this section causes the defendant to become subject to the notification | |
requirements of this Part from the time the section first applies to him | |
until the relevant order (as renewed from time to time) ceases to have | |
effect, and | 10 |
(b) this Part applies to the defendant, subject to the modification set out in | |
subsection (4). | |
(4) The “relevant date” is the date on which this section first applies to the | |
defendant. | |
(5) In this section “relevant order” means— | 15 |
(a) where the conviction, finding or caution within subsection (1) is in | |
respect of a breach of a risk of sexual harm order, that order; | |
(b) where the conviction, finding or caution within subsection (1) is in | |
respect of a breach of an interim risk of sexual harm order, any risk of | |
sexual harm order made on the hearing of the application to which the | 20 |
interim risk of sexual harm order relates or, if no such order is made, | |
the interim risk of sexual harm order. | |
Power to amend Schedules 3 and 4 | |
128 Power to amend Schedules 3 and 4 | |
(1) The Secretary of State may by order amend Schedule 3 or 4. | 25 |
(2) Subject to subsection (3), an amendment within subsection (4) does not apply | |
to convictions, findings and cautions before the amendment takes effect. | |
(3) For the purposes of sections 104 and 114, an amendment within subsection (4) | |
applies to convictions, findings and cautions before as well as after the | |
amendment takes effect. | 30 |
(4) An amendment is within this subsection if it— | |
(a) adds an offence, | |
(b) removes a threshold relating to an offence, or | |
(c) changes a threshold in such a way as to cause an offence committed by | |
or against a person of a particular age or in certain circumstances, or | 35 |
resulting in a particular disposal, to be within a Schedule when it | |
would not otherwise be. | |
General | |
129 Young offenders: application | |
This Part applies to— | 40 |
(a) a period of detention which a person is liable to serve under a detention | |
and training order, or a secure training order, | |
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