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Sexual Offences Bill [HL]


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

    55

 

 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”)—

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           (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.

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     (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;

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           (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

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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.

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     (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),

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            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

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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

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the Crown Court.

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

sexual offences prevention order.

 

 

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

    56

 

     (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.

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     (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

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(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

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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

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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

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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

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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

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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;

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           (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—

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                  (i)                 any part of the area of the applicant’s police force; or

 

 

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

    57

 

                  (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

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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

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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.

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     (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,

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            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).

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 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;

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           (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);

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           (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

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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,

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an order for conditional discharge.

 

 

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

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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

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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.

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     (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

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           (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

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     (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

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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.

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     (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

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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),

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           (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

 

 

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

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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, 60, 70 and 74 of

Schedule 3;

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           (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 82 of that Schedule, if—

                  (i)                 the corresponding civil offence is an offence within any of

paragraphs 13 to 15 of that Schedule;

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                  (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

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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

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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

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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.

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     (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.

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     (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

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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

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           (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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