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The noble and learned Lord said: My Lords, Amendment No. 190B corrects a typographical error in which the word "order" was omitted after "notification". Amendments Nos. 190C and 190D make appropriate drafting changes to remove the term "sexual offences prevention order" where it appears unnecessarily.
Amendment No. 192A sets out the extent to which the provision of the Bill as amended will apply to Scotland. At present, risk of sexual harm orders as set out in Clause 117 shall not apply to Scotland. The Scottish Executive will decide in due course whether similar provisions are to be brought forward for Scotland.
Amendment No. 201L ensures that where a court has ordered notification for an offence that does not carry notification but the evidence discloses that there was a significant sexual aspect to the offender's behaviour, there is a right of appeal against the order by the offender.
Amendments Nos. 212, 215, 229 and 233 are consequential provisions that recognise that we are replacing sex offender orders with sexual offences prevention orders. Accordingly, the various provisions and references to sex offender orders in the Crime and Disorder Act 1998 and the Police Reform Act 2002, as they both relate to procedural provisions in respect of sex offender orders in Scotland, have been identified and listed as those provisions that need to be removed.
Amendment No. 216 is a consequential amendment to the Criminal Justice (Scotland) Act 2003. Section 21(9) of that Act places a duty on the court to adjourn certain cases following conviction to obtain reports. The provision was intended to provide an extended period of adjournment for sex offences or offences with a significant sexual aspect beyond that available to the court in terms in Section 201 of the Criminal Procedure (Scotland) Act 1995. A late amendment to the 2003 Act during its passage through the Scottish Parliament should have resulted in the proposed amendment being made but was overlooked. This is therefore a technical amendment to rectify an error in the 2003 Act.
Section 21 of the 2003 Act makes changes to Scottish court procedures, placing a duty on the court to adjourn certain cases following conviction but prior to sentence in order to obtain reports. Section 21(9) was intended to amend the time limits for adjournment of these cases beyond the time limits provided for in the Criminal Procedure (Scotland) Act 1995. A late amendment to the Bill had the effect of amending the
"SOPOS: FURTHER PROVISION AS RESPECTS SCOTLAND
(1) A chief constable may apply for an order under this section in respect of a person who he believes is in, or is intending to come to, the area of his police force if it appears to the chief constable that
(a) the person has been convicted of, found not guilty by reason of insanity of or found to be under a disability and to have done the act charged against him in respect of
(i) an offence listed in paragraph 52C of Schedule 3; or
(ii) before the commencement of this Part, an offence in Scotland other than is mentioned in paragraphs 33 to 52B of that Schedule if the chief constable considers that had the conviction or finding been after such commencement it is likely that a determination such as is mentioned in paragraph 52C would have been made in relation to the offence; and
(b) the person has since the conviction or finding acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
(2) An application under subsection (1) may be made by summary application to a sheriff within whose sheriffdom lies
(a) any part of the area of the applicant's police force; or
(b) any place where it is alleged that the person acted in a way mentioned in subsection (1)(b).
(3) The sheriff may make the order where satisfied
(a) that the person's behaviour since the conviction or finding makes it necessary to make such an order, for the purposes of protecting the public or any particular members of the public from serious sexual harm from the person; and
(b) where the application is by virtue of subsection (1)(a)(ii), that there was a significant sexual aspect to the person's behaviour in committing the offence.
(4) Subsection (2) of section 104 applies for the purposes of this section as it applies for the purposes of section 103 and subsections (2) and (3) of section (Sections 103 and 104 to 107: Scotland) apply in relation to a summary application made by virtue of subsection (1) as they apply in relation to one made by virtue of subsection (1)(g) of that subsection."
Page 52, line 24, at end insert
"(A1) In this Part, "sexual offences prevention order" means an order under section 103 or (SOPOs: further provision as respects Scotland)." Page 52, line 36, after "3" insert "(other than at paragraph 52C)"
Page 53, line 16, after "3" insert "(other than at paragraph 52C)"
After Clause 108, insert the following new clause
"APPEALS IN RELATION TO SOPOS AND INTERIM SOPOS: 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 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." After Clause 108, insert the following new clause
"SECTIONS 103 AND 104 TO 107: SCOTLAND
(1) Sections 103 and 104 to 107 apply to Scotland with the following modifications
(a) subsections (1)(b), (2) and (3) of section 103 shall be disregarded;
(b) an application under subsection (5) of section 103 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 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 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;
(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
(i) any part of the area of the applicant's police force; or
(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 103,
(references to "the court" being construed accordingly);
(h) an application for the variation, renewal or discharge of either such 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 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.
(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,
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)."