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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 2 — Notification and orders

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 101   Appeals: Scotland

In Scotland—

           (a)           an interlocutor granting or refusing a notification order or interim

notification order is an appealable interlocutor; and

           (b)           where an appeal is taken against an interlocutor so granting such an

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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.

 102   Sections 96 to 99: Scotland

     (1)    Sections 96 to 99 apply to Scotland with the following modifications—

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           (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

respect of whom the order is sought or has effect;

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           (c)           an application for a notification order or interim notification 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).

     (2)    A record of evidence shall be kept on any summary application made by virtue

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of subsection (1)(c) above.

     (3)    The clerk of the court by which, by virtue of that subsection, a notification

order or interim notification 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

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           (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

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certificate).

Sexual offences prevention orders

 103   Sexual offences prevention orders: applications and grounds

     (1)    A court may make an order under this section (a “sexual offences prevention

order”) in respect of a person (“the defendant”) where any of subsections (2) to

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(4) applies to the defendant and—

           (a)           where subsection (4) applies, it is satisfied that the defendant’s

behaviour since the appropriate date makes it necessary to make such

an order, for the purpose of protecting the public or any particular

members of the public from serious sexual harm from the defendant;

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           (b)           in any other case, it is satisfied that it is necessary to make such an

order, for the purpose of protecting the public or any particular

members of the public from serious sexual harm from the defendant.

     (2)    This subsection applies to the defendant where the court deals with him in

respect of a conviction for an offence listed in Schedule 3 or 4.

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Sexual Offences Bill [HL]
Part 2 — Notification and orders

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     (3)    This subsection applies to the defendant where the court deals with him in

respect of a finding—

           (a)           that he is not guilty of an offence listed in Schedule 3 or 4 by reason of

insanity, or

           (b)           that he is under a disability and has done the act charged against him

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in respect of such an offence.

     (4)    This subsection applies to the defendant where—

           (a)           an application under subsection (5) has been made to the court in

respect of him, and

           (b)           on the application, it is proved that he is a qualifying offender.

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     (5)    A chief officer of police may by complaint to the magistrates’ court apply for a

sexual offences prevention order in respect of a person 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 person is a qualifying offender, and

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           (b)           the person 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.

     (6)    An application under subsection (5) may be made to any magistrates’ court

whose commission area includes—

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           (a)           any part of the applicant’s police area, or

           (b)           any place where it is alleged that the person acted in a way mentioned

in subsection (5)(b).

 104   Section 103: supplemental

     (1)    Subsections (2) to (5) apply for the purposes of section 103.

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     (2)    “Protecting the public or any particular members of the public from serious

sexual harm from the defendant” means protecting the public in the United

Kingdom or any particular members of that public from serious physical or

psychological harm, caused by the defendant committing one or more offences

listed in Schedule 3.

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     (3)    Acts, behaviour, convictions and findings include those occurring before the

commencement of this Part.

     (4)           “Qualifying offender” means a person within subsection (5) or (6).

     (5)    A person is within this subsection if, whether before or after the

commencement of this Part, he—

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           (a)           has been convicted of an offence listed in Schedule 3 or 4,

           (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

           (d)           in England and Wales or Northern Ireland, has been cautioned in

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respect of such an offence.

     (6)           A person is within this subsection if, under the law in force in a country outside

the United Kingdom and whether before or after the commencement of this

Part—

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

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           (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

reason of insanity,

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           (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.

     (7)    “Appropriate date”, in relation to a qualifying offender, means the date or (as

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the case may be) the first date on which he was convicted, found or cautioned

as mentioned in subsection (5) or (6).

     (8)           In subsection (6), “relevant offence” means an act which—

           (a)           constituted an offence under the law in force in the country concerned,

and

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           (b)           would have constituted an offence listed in Schedule 3 or 4 if it had

been done in any part of the United Kingdom.

     (9)    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

(8), however it is described in that law.

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     (10)   Subject to subsection (11), on an application under section 103(5) the condition

in subsection (8)(b) (where relevant) is to be taken as met unless, not later 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,

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           (b)           showing his grounds for that opinion, and

           (c)           requiring the applicant to prove that the condition is met.

     (11)   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

(10).

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 105   Sexual offences prevention orders: effect

     (1)    A sexual offences prevention order—

           (a)           prohibits the defendant from doing anything described in the order,

and

           (b)           has effect for a fixed period (not less than 5 years) specified in the order

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or until further order.

     (2)    The only prohibitions that may be included in the order are those necessary for

the purpose of protecting the public or any particular members of the public

from serious sexual harm from the defendant.

     (3)    Where—

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           (a)           an order is made in respect of a defendant who was a relevant offender

immediately before the making of the order, and

           (b)           the defendant would (apart from this subsection) cease to be subject to

the notification requirements of this Part while the order (as renewed

from time to time) has effect,

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            the defendant remains subject to the notification requirements.

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

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     (4)    Where an order is made in respect of a defendant who was not a relevant

offender immediately before the making of the order—

           (a)           the order causes the defendant to become subject to the notification

requirements of this Part from the making of the order until the order

(as renewed from time to time) ceases to have effect, and

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           (b)           this Part applies to the defendant, subject to the modification set out in

subsection (5).

     (5)    The “relevant date” is the date of service of the order.

     (6)    Where a court makes a sexual offences prevention order in relation to a person

already subject to such an order (whether made by that court or another), the

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earlier order ceases to have effect.

     (7)    Section 104(2) applies for the purposes of this section and section 106.

 106   Sexual offences prevention orders: variations, renewals and discharges

     (1)    A person within subsection (2) may apply to the appropriate court for an order

varying, renewing or discharging a sexual offences prevention order.

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     (2)    The persons are—

           (a)           the defendant;

           (b)           the 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, his police area;

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           (d)           where the order was made on an application under section 103(5), the

chief officer of police who made the application.

     (3)    An application under subsection (1) may be made—

           (a)           where the appropriate court is the Crown Court, in accordance with

rules of court;

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           (b)           in any other case, by complaint.

     (4)    Subject to subsections (5) and (6), 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 sexual offences prevention order, that the court considers

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appropriate.

     (5)    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 the

public or any particular members of the public from serious sexual harm from

the defendant (and any renewed or varied order may contain only such

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prohibitions as are necessary for this purpose).

     (6)    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

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officer, or

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

defendant resides.

     (7)    In this section “the appropriate court” means—

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

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           (a)           where the Crown Court or the Court of Appeal made the sexual

offences prevention order, the Crown Court;

           (b)           where a magistrates’ court made the order, that court, a magistrates’

court for the area in which the defendant resides or, where the

application is made by a chief officer of police, any magistrates’ court

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whose commission area includes any part of the chief officer’s police

area;

           (c)           where a youth court made the order, that court, 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 whose commission area

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includes any part of the chief officer’s police area.

     (8)    This section applies to orders under—

           (a)           section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders),

           (b)           section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders

made in England and Wales), and

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           (c)           Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I.

1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland),

            as it applies to sexual offences prevention orders.

 107   Interim sexual offences prevention orders

     (1)    This section applies where an application under section 103(5) (“the main

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application”) has not been determined.

     (2)    An application for an order under this section (“an interim sexual offences

prevention order”)—

           (a)           may be made by the complaint by which the main application is made,

or

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           (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.

     (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

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the order.

     (4)    Such an order—

           (a)           has effect only for a fixed period, specified in the order;

           (b)           ceases to have effect, if it has not already done so, on the determination

of the main application.

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     (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

subsection (6).

     (6)    The “relevant date” means the date of service of the order.

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     (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.

     (8)    Subsection (7) applies to orders under—

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

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           (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),

            as it applies to interim sexual offences prevention orders.

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 108   SOPOs and interim SOPOs: appeals

     (1)    A defendant may appeal against the making of a sexual offences prevention

order—

           (a)           where section 103(2) applied to him, as if the order were a sentence

passed on him for the offence;

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           (b)           where section 103(3) (but not section 103(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 103(5), to

the Crown Court.

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     (2)    A defendant may appeal to the Crown Court against the making of an interim

sexual offences prevention order.

     (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,

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to the Court of Appeal;

           (b)           in any other case, to the Crown Court.

     (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

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to it to be just.

     (5)    Any order made by the Crown Court on an appeal under subsection (1)(c) or

(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

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brought (and not an order of the Crown Court).

 109   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;

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           (b)           an interim sexual offences prevention order;

           (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

(sex offender orders and interim orders made in England and Wales

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and in Scotland);

           (e)           an order under Article 6 or 6A of the Criminal Justice (Northern

Ireland) Order 1998 (sex offender orders and interim orders made in

Northern Ireland).

     (2)    A person guilty of an offence under this section is liable—

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Sexual Offences Bill [HL]
Part 2 — Notification and orders

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           (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

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the court by or before which he is convicted to make, in respect of the offence,

an order for conditional discharge.

Foreign travel orders

 110   Foreign travel orders: applications and grounds

     (1)    A chief officer of police may by complaint to the magistrates’ court apply for

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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

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

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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 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

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that—

           (a)           the defendant is a qualifying offender, and

           (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

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outside the United Kingdom.

 111   Section 110: interpretation

     (1)    Subsections (2) to (5) apply for the purposes of section 110.

     (2)    “Protecting children generally or any child from serious sexual harm from the

defendant outside the United Kingdom” means protecting persons under 16

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generally or any particular person under 16 from serious physical or

psychological harm caused by the defendant doing, outside the United

Kingdom, anything which would constitute an offence listed in Schedule 3 if

done in England and Wales or Northern Ireland.

     (3)    Acts and behaviour include those occurring before the commencement of this

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Part.

     (4)    “Qualifying offender” has the meaning given by section 112.

     (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 112.

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     (6)    In this section and section 112 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

person, under 17.

 

 

 
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