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Sexual Offences Bill [HL]


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

    60

 

 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—

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           (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.

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     (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

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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.

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     (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—

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           (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

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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.

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     (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).

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     (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

 

 

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

    61

 

           (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—

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           (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

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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

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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

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           (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

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     (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

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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);

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           (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”.

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

of subsection (1)(c) above.

 

 

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

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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,

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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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 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

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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 (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

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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

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           (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

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           (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;

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           (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;

 

 

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

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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

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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;

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           (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

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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”

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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.

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     (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

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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

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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

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apply for an order varying, renewing or discharging a risk of sexual harm

order.

 

 

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

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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;

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           (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

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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

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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—

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           (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.

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 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”)—

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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 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;

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

    65

 

           (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.

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 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

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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

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(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

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     (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—

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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.

 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;

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           (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.

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     (2)    Where —

           (a)           a defendant was a relevant offender immediately before this section

applied to him, and

 

 

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

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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

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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

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           (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—

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           (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

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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.

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     (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.

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     (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

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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—

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           (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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