SEX OFFENDERS ACT, 2001

"sentence including a prohibition" shall be construed in accordance with section 26D(1).

• (2) In this Part—

• (a) references to protecting a child or a vulnerable person from serious harm from an applicable offender shall be construed as references to protecting a child or a vulnerable person from death or serious personal injury, whether physical or psychological, which would be occasioned if the offender were to commit a sexual offence after he or she has been released into the community, and

• (b) a reference to a person applying to another person includes a reference to the person applying to another person without that other’s having requested or solicited the making of the application.]

26B. F46[Part 4A without prejudice to Part 5

26B. —This Part is without prejudice to Part 5 and a prohibition may be imposed on an applicable offender under section 26D—

• (a) regardless of whether a sentence involving post supervision release (within the meaning of Part 5) is being imposed on the offender, and

• (b) where such a sentence is being imposed on the offender, in addition to that sentence.]

26C. F47[Duty of court to consider imposition of sentence involving prohibition

26C. —(1) In determining the sentence to be imposed on an applicable offender in respect of the sexual offence concerned, the court shall consider whether to impose a sentence including a prohibition on the offender engaging in relevant work ("a prohibition").

• (2) In considering that matter, the court shall have regard to—

• (a) the need to protect children or vulnerable persons from serious harm from the offender, and

• (b) the need to prevent the commission by the applicable offender of subsequent sexual offences.

• (3) For the purposes of this Part, the court may, if it thinks it necessary to do so, receive evidence or submissions from any person concerned.]

26D. F48[Power of court to impose prohibition

26D. —(1) Subject to subsections (2) and (3), a court may, where it is satisfied that it is necessary to do so to protect children or vulnerable persons from serious harm from the applicable offender, having regard to the matters specified in section 26C(2), impose on an applicable offender in respect of the sexual offence concerned a sentence including a prohibition, that is to say a sentence which consists of—

• (a) the imposition of a sentence of imprisonment (whether in addition to the imposition of a fine or not), and

• (b) a provision that during a specified period ("the prohibition period") commencing on the prohibition commencement date, the offender shall be subject to the prohibition.

• (2) The aggregate of the sentence of imprisonment referred to in subsection (1)(a) and the prohibition period shall not exceed the duration of the maximum term of imprisonment that may be imposed in respect of the sexual offence concerned.

• (3) The term of the sentence of imprisonment referred to in subsection (1)(a) shall not be less than the term the court would have imposed if it had considered the matter apart from the provisions of this Part.

• (4) The court may, when imposing a sentence including a prohibition, specify a particular type or category of relevant work to which the prohibition applies.]

26E. F49[Duty of court to explain effect of sentence to offender

26E. —In imposing a sentence including a prohibition on an applicable offender, the court shall explain to him or her—

• (a) the effect of the sentence,

• (b) the consequences provided for under section 26G if he or she fails to comply with the prohibition, and

• (c) that under this Act, the court may vary or discharge the prohibition on the application of either the offender or a probation officer.]

26F. F50[Discharge or variation of prohibition

26F. —The court may, not more than one month before the proposed prohibition commencement date or at any time during the prohibition period, on the application of—

• (a) the offender on whom the sentence including a prohibition was imposed, or

• (b) a probation officer,

discharge or vary the prohibition, if, having regard to the circumstances which have arisen since the sentence was imposed—

• (i) it would be in the interests of justice to do so, and

• (ii) the protection of children or vulnerable persons from serious harm from the offender no longer requires that the prohibition should continue in force or, as appropriate, that it should continue in force in the form in which it stands at the date of the making of the application.]

26G. F51[Non-compliance with prohibition

26G. —(1) A person on whom a sentence including a prohibition is imposed who, during the prohibition period—

• (a) applies to another person to be employed by that person to do prohibited work,

• (b) enters into a contract of employment to do prohibited work,

• (c) applies to another person to do prohibited work on the other person’s behalf (whether in return for payment or for any other consideration or not),

• (d) enters into a contract for services to do prohibited work, or

• (e) does prohibited work,

shall be guilty of an offence.

• (2) A person guilty of an offence under subsection (1) shall be liable—

• (a) on summary conviction, to a class C fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or more.

• (3) The conviction of a person for an offence under this section shall not prevent the prohibition period continuing to have effect.

• (4) In proceedings for an offence under subsection (1), it shall be a defence for the accused to prove that he or she neither knew nor could reasonably be expected to have known that the work—

• (a) to which the application or contract referred to in paragraph (a), (b), (c) or (d) of that subsection related was prohibited work, or

• (b) that the work referred to in paragraph (e) of that subsection was prohibited work.

• (5) If a sentence of imprisonment is imposed on an applicable offender for an offence under this section, that sentence shall, for the period the offender spends in prison on foot of that sentence, operate to suspend the prohibition and the period for which that prohibition is so suspended shall not be reckoned in calculating the date on which the prohibition period expires.

• (6) In this section, "prohibited work", in relation to a person, means relevant work that is the subject of a sentence including a prohibition imposed on the person.]

PART 5 Post-Release Supervision for Sex Offenders

27. Interpretation (Part 5).

27. —(1) In this Part—

F52[…]

F52[…]

“sentence involving post-release supervision” shall be construed in accordance with section 29(1);

“sex offender” means a person who, after the commencement of this Part, is convicted of a sexual offence for which, in the opinion of the court before which the person appears, the appropriate sentence is, apart from the provisions of this Part, one of imprisonment for any term (whether in addition to the imposition of a fine or not);

“supervision period” shall be construed in accordance with section 29(1);

“supervision period conditions” means the conditions referred to in section 29(1)(b) or 30 that relate to the sex offender concerned.

• (2) References in this Part to protecting the public from serious harm from a sex offender shall be construed as references to protecting a member or members of the public from death or serious personal injury, whether physical or psychological, which would be occasioned if the offender were to commit a sexual offence after he or she has been released into the community.

28. Duty of court to consider imposition of sentence involving post-release supervision.

28. —(1) In determining the sentence to be imposed on a sex offender in respect of the sexual offence concerned, the court shall consider whether to impose a sentence involving post-release supervision.

• (2) In considering that matter, the court shall have regard to—

• (a) the need for a period, after the offender has been released into the community, during which his or her conduct is supervised by a responsible person,

• (b) the need to protect the public from serious harm from the offender,

• (c) the need to prevent the commission by the offender of further sexual offences, and

• (d) the need to rehabilitate or further rehabilitate the offender.

• (3) For the purposes of this section, the court may, if it thinks it necessary to do so, receive evidence or submissions from any person concerned.

29. Power of court to impose sentence involving post-release supervision.

29. —(1) F53[Without prejudice to Part 4A, a court may] impose on a sex offender in respect of the sexual offence concerned a sentence involving post-release supervision, that is to say a sentence which consists of—

• (a) the imposition of a sentence of imprisonment for a specified term (whether in addition to the imposition of a fine or not), and

• (b) a provision that during a specified period (“the supervision period”) commencing on the date of the offender's release from prison, the offender shall be under the supervision of a F53[probation officer] and requiring the offender to comply with such conditions as are specified in the sentence for securing that supervision.

• (2) The aggregate of the sentence of imprisonment referred to in subsection (1)(a) and the supervision period shall not exceed the duration of the maximum term of imprisonment that may be imposed in respect of the sexual offence concerned.

• (3) The term of the sentence of imprisonment referred to in subsection (1)(a) shall not be less than the term the court would have imposed if it had considered the matter apart from the provisions of this Part.

• (4) In determining the period to be specified as the supervision period, the matters to which the court shall have regard shall include the matters referred to in paragraphs (a) to (d) of section 28(2).

• (5) The reference in this section to the date of the offender's release from prison is a reference to the date on which the offender's sentence of imprisonment referred to in subsection (1)(a) expires or, as the case may be, the offender's remission from the sentence begins.

• F54[(6) In addition to the conditions referred to in subsection (1)(b), a sentence involving post-release supervision imposed after the commencement of this subsection shall include a condition requiring the sex offender to attend all appointments with the probation officer whose supervision he or she is under and to comply with the lawful instructions of that officer.]

30. Additional provisions which may be included in sentence involving post-release supervision.

30. —(1) In addition to the conditions referred to in section 29(1)(b), a sentence involving post-release supervision may include such conditions as the court considers appropriate for the purposes of paragraphs (a) to (d) of section 28(2) and having regard to the needs of the sex offender.

• (2) Without prejudice to the generality of subsection (1), there may be included in a sentence involving post-release supervision—

• (a) a condition prohibiting the sex offender from doing such one or more things as the court considers necessary for the purpose of protecting the public from serious harm from the offender, and

• (b) a condition requiring the sex offender to receive psychological counselling or other appropriate treatment provided by the F55[Probation Service] or any other body which it appears to the court, having regard to any submissions made to it on behalf of the F55[Probation Service], is an appropriate body to provide such counselling or treatment.

• (3) A condition referred to in subsection (1) or (2) shall have effect during the whole or a specified part of the supervision period as the court considers appropriate and specifies in the sentence concerned.

F56[Power of court to amend conditions or include new conditions

30A. —(1) In any case where a court has imposed on a sex offender, for an offence committed after the commencement of this section, a sentence involving post-release supervision, the court may, on the application of a probation officer not more than one month before the date of the offender’s intended release from prison or any time during the supervision period, amend any condition for securing that supervision referred to in section 29(1)(b) or additional condition referred to under section 30 or include one or more further conditions pursuant to either of the aforesaid sections.

• (2) In any case where a court has imposed on a sex offender, for an offence committed before the commencement of this section, a sentence involving post-release supervision, the court may, on the application of a probation officer not more than one month before the date of the offender’s intended release from prison or any time during the supervision period, amend any condition or include one or more further conditions pursuant to section 29(1)(b) where such conditions are necessary for securing that supervision.

• (3) Subsection (2) shall apply in respect of post-release supervision orders extant at the time of the commencement of this section.

• (4) Any condition referred to in subsection (1) or (2), whether an amended condition or a new condition, shall have the same effect as a condition included in a sentence involving post-release supervision.

• (5) In this section “the date of the sex offender’s release from prison” means the date on which the sentence of imprisonment imposed on the sex offender expires, or as the case may be, his or her remission from the sentence begins.]

F58[Monitoring compliance with condition

30B. — ...]

F59[Evidence of electronic monitoring under section 30B

30C. — ...]

F60[Arrangements for electronic monitoring under section 30B

30D. — ...]

31. Duty of court to explain effect of sentence to offender.

31. —In imposing a sentence involving post-release supervision on a sex offender, the court shall explain to him or her—

• (a) the effect of the sentence,

• (b) the consequences provided for under section 33 if he or she fails to comply with any of the supervision period conditions, and

• (c) that under this Act the court may vary or discharge any of those conditions on the application of either the offender or a F61[probation officer].

32. Discharge or variation of requirements relating to supervision period.

32. —At any time after the supervision period has commenced the court may, on the application of—

• (a) the offender on whom the sentence involving post-release supervision concerned was imposed, or

• (b) a probation and welfare officer,

discharge all of the supervision period conditions (and the supervision period shall lapse accordingly) or vary or discharge one or more of those conditions if, having regard to the circumstances which have arisen since the sentence was imposed, it considers—

• (i) it would be in the interests of justice to do so, and

• (ii) the protection of the public from serious harm from the offender no longer requires that those conditions should continue in force or, as appropriate, that they should continue in force in the form in which they stand at the date of the making of the application.

33. Non-compliance with requirements relating to supervision period.

33. —(1) A sex offender who fails, without reasonable excuse, to comply with any of the supervision period conditions shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both.

• (2) Subject to subsection (3), the conviction of a sex offender for an offence under this section shall not prevent the supervision period conditions from continuing to have effect.

• (3) If a sentence of imprisonment is imposed on a sex offender for an offence under this section, that sentence shall, for the period the offender spends in prison on foot of that sentence, operate to suspend the supervision period conditions and the period for which those conditions are so suspended shall not be reckoned in calculating the date on which the supervision period expires.

• F62[(4) Proceedings for an offence under subsection (1) may be brought and prosecuted by a F63[probation officer].]

PART 6 Miscellaneous

34. Amendment of Criminal Law (Rape) Act, 1981.

34. —The Criminal Law (Rape) Act, 1981, is hereby amended by the insertion after section 4 of the following section:

“Legal representation for complainants.

4A.—(1) Where an application under section 3 or 4 is made by or on behalf of an accused person who is for the time being charged with an offence to which this section applies, the complainant shall be entitled to be heard in relation to the application and, for this purpose, to be legally represented during the hearing of the application.

• (2) Notice of intention to make an application under section 3 or 4 shall be given to the prosecution by or on behalf of the accused person before, or as soon as practicable after, the commencement of the trial for the offence concerned or, as the case may be, the commencement of the proceeding concerned referred to in section 4(1).

• (3) The prosecution shall, as soon as practicable after the receipt by it of such a notice, notify the complainant of his or her entitlement to be heard in relation to the said application and to be legally represented, for that purpose, during the course of the application.

• (4) The judge shall not hear the said application without first being satisfied that subsections (2) and (3) have been complied with.

• (5) If the period between the complainant's being notified, under subsection (3), of his or her entitlements under this section and the making of the said application is not, in the judge's opinion, such as to have afforded the complainant a reasonable opportunity to arrange legal representation of the kind referred to in this section, the judge shall postpone the hearing of the application (and, for this purpose, may adjourn the trial or proceeding concerned) for a period that the judge considers will afford the complainant such an opportunity.

• (6) This section applies to a rape offence and any of the following, namely, aggravated sexual assault, attempted aggravated sexual assault, aiding, abetting, counselling and procuring aggravated sexual assault or attempted aggravated sexual assault, incitement to aggravated sexual assault and conspiring to commit any of the foregoing offences.”.

35. Further amendments of Civil Legal Aid Act, 1995.

35. —(1) In this section “the Act of 1995” means the Civil Legal Aid Act, 1995.

• (2) In addition to the meaning assigned to that expression by section 27 of the Act of 1995, “legal aid” in the Act of 1995 means representation by a solicitor or barrister, engaged by the Legal Aid Board under section 11 of that Act, on behalf of a complainant in relation to an application referred to in section 4A of the Criminal Law (Rape) Act, 1981, that concerns the complainant.

• (3) Section 28 of the Act of 1995 is hereby amended by the insertion of the following subsection after subsection (5):

• “(5A) Notwithstanding any other provision of this Act, the Board shall grant a legal aid certificate to a complainant for the purpose of his or her being represented in relation to an application referred to in section 4A of the Criminal Law (Rape) Act, 1981, that concerns him or her.”.

36. Proof of foreign conviction in certain cases.

36. —(1) In proceedings against a person for an offence under—

• (a) section 12 (where the person is a person referred to in section 13(1)), or

• (b) section 26 (where the person is a person referred to in subsection (2), (5) or (6) of that section and falls within subsection (3)(b) of that section),

the production to the court of a document that satisfies the condition referred to in subsection (2) and which purports to contain either or both—

• (i) particulars of the conviction in a state, other than the State, of that person for an offence and of the act constituting the offence,

• (ii) a statement that, on a specified date, that person was subject to the first-mentioned requirement in section 13(1)(b)(ii),

shall, without further proof, be evidence, until the contrary is shown, of the matters stated in it.

• (2) The condition mentioned in subsection (1) is that the document concerned purports to be signed or certified by a judge, magistrate or officer of the state referred to in that subsection and to be authenticated by the oath of some witness or by being sealed with the official seal of a minister of state of that state (judicial notice of which shall be taken by the court).

• (3) That condition shall be regarded as being satisfied without proof of the signature or certification, and the authentication of it, that appears in or on the document.

37. Amendment of section 2 of Act of 1990.

37. —(1) Section 2 of the Act of 1990 is amended by the substitution of the following subsection for subsection (2):

• “(2)

  • (a) A person guilty of sexual assault shall be liable on conviction on indictment—

    • (i) in case the person on whom the assault was committed was a child, to imprisonment for a term not exceeding 14 years, and

    • (ii) in any other case, to imprisonment for a term not exceeding 10 years.

  • (b) In this subsection ‘child’ means a person under 17 years of age.

• (2) The amendment effected by subsection (1) shall apply to sexual assaults committed after the commencement of this section.

SCHEDULE

Section 3.

Sexual Offences for Purposes of Act

F64[7. An offence under the Criminal Law (Sexual Offences) Act 2006.]

F65[7A. An offence under section 1 of the Act of 1935 (defilement of girl under 15 years of age).

• (a) section 3 (child trafficking and taking, etc., child for sexual exploitation),

• (b) section 4 (allowing child to be used for child pornography),

• F66[(ba) section 4A (child prostitution and child pornography);]

• (c) section 5 (producing, distributing, etc., child pornography),

• F66[(ca) section 5A (participation of child in pornographic performance);]

• (d) section 6 (possession of child pornography).

F67[16A. An offence under the Criminal Law (Human Trafficking) Act 2008 in so far as the offence is committed for the purposes of the sexual exploitation of a person.]

F66[17A. An offence under the following provisions of the Criminal Law (Sexual Offences) Act 2017:

• (a) section 3 (obtaining, providing etc. a child for purpose of sexual exploitation);

• (b) section 4 (invitation etc. to sexual touching);

• (c) section 5 (sexual activity in presence of child);

• (d) section 6 (causing child to watch sexual activity);

• (e) section 7 (meeting child for purpose of sexual exploitation);

• (f) section 8 (use of information and communication technology to facilitate sexual exploitation of child);

• (g) section 21 (sexual act with protected person);

• (h) section 22 (offence against relevant person by person in authority).]

F68[21. An offence under section 6 (inserted by section 2 of the Criminal Law (Sexual Offences) (Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act 1993.]