Legalize / United Kingdom / Public General Act

Sexual Offences Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2023-11-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2B) A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.

(3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

(4) Where a notification is given under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—

(a) take his fingerprints,

(b) photograph any part of him, or

(5) The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 87: interpretation

88

(1) Subsections (2) to (4) Subsections (2) and (2A) apply for the purposes of section 87.

(2) “Photograph” includes any process by means of which an image may be produced.

(2A) “Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.

(3) “Local police area” means, in relation to a person—

(a) the police area in which his home address is situated;

(b) in the absence of a home address, the police area in which the home address last notified is situated;

(c) in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (4) is situated.

(4) The ways are—

(a) dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;

(b) dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;

(c) making, in respect of a person, a notification order, interim notification order, sexual harm prevention order, interim sexual harm prevention order, sexual offences prevention order or interim sexual offences prevention order , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction);

(d) making, in respect of a person, 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 or Scotland) or 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);

and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.

(5) Subsection (3) applies as if Northern Ireland were a police area.

Young offenders: parental directions

89

(1) Where a person within the first column of the following Table (“the young offender”) is under 18 (or, in Scotland, 16) when he is before the court referred to in the second column of the Table opposite the description that applies to him, that court may direct that subsection (2) applies in respect of an individual (“the parent”) having parental responsibility for (or, in Scotland, parental responsibilities in relation to) the young offender.

Description of person	Court which may make the direction
A relevant offender within section 80(1)(a) to (c) or 81(1)(a) to (c)	The court which deals with the offender in respect of the offence or finding
A relevant offender within section 129(1)(a) to (c)	The court which deals with the offender in respect of the offence or finding
A person who is the subject of a notification order, interim notification order, sexual harm prevention order, interim sexual harm prevention order, sexual offences prevention order or interim sexual offences prevention order , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)	The court which makes the order
A relevant offender who is the defendant to an application under subsection (4) (or, in Scotland, the subject of an application under subsection (5))	The court which hears the application

(1A) In the Table—

(a) the reference to a sexual harm prevention order includes an order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

(b) the reference to an interim sexual harm prevention order includes an order made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

(2) Where this subsection applies—

(a) the obligations that would (apart from this subsection) be imposed by or under sections 83 to 86 on the young offender are to be treated instead as obligations on the parent, and

(b) the parent must ensure that the young offender attends at the police station with him, when a notification is being given.

(3) A direction under subsection (1) takes immediate effect and applies—

(a) until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or

(b) for such shorter period as the court may, at the time the direction is given, direct.

(4) A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for a direction under subsection (1) in respect of a relevant offender (“the defendant”)—

(a) who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and

(b) who the chief officer believes is under 18.

(5) In Scotland, the chief constable of the Police Service of Scotland may, by summary application to any sheriff ..., apply for a direction under subsection (1) in respect of a relevant offender (“the subject”)—

(a) who resides in that area, or who the chief constable believes is in or is intending to come to that area, and

(b) who the chief constable believes is under 16.

Parental directions: variations, renewals and discharges

90

(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a direction under section 89(1).

(2) The persons are—

(a) the young offender;

(b) the parent;

(d) a chief officer of police who believes that the young offender is in, or is intending to come to, his police area;

(e) in Scotland—

(i) where the appropriate court is a civil court, the chief constable of the Police Service of Scotland; and

(ii) in any other case, the prosecutor;

(f) where the direction was made on an application under section 89(4), the chief officer of police who made the application;

(g) where the direction was made on an application under section 89(5), the chief constable who made the application.

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

(a) where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court;

(b) in any other case, by complaint (or, in Scotland, by summary application).

(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 direction, that the court considers appropriate.

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

(a) where the Court of Appeal made the order, the Crown Court;

(b) in any other case, the court that made the direction under section 89(1).

Offences relating to notification

91

(1) A person commits an offence if he—

(a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), 85A(2) or (6), 87(4) or 89(2)(b) , 89(2)(b) or 96ZB(3)(b) or any requirement imposed by regulations made under section 86(1); or

(b) notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) , 85(1) or 85A(2) or (6) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

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

(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) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) , 85(1) or 85A(2) or (6) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

(4) Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

Certificates for purposes of Part 2

92

(1) Subsection (2) applies where on any date a person is—

(a) convicted of an offence listed in Schedule 3;

(b) found not guilty of such an offence by reason of insanity; or

(2) If the court by or before which the person is so convicted or found—

(a) states in open court—

(i) that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and

(ii) that the offence in question is an offence listed in Schedule 3, and

(b) certifies those facts, whether at the time or subsequently,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

(3) Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.

(4) If the constable—

(a) informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and

(b) certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

Abolished homosexual offences

93

Schedule 4 (procedure for ending notification requirements for abolished homosexual offences acts which are no longer offences) has effect.

Information for verification

Part 2: supply of information to Secretary of State etc. for verification

94

(1) This section applies to information notified to the police under—

(a) section 83, 84 or 85, or

(b) section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).

(2) A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a) the Secretary of State,

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a Northern Ireland Department, or

(c) a person providing services to the Secretary of State ... or a Northern Ireland Department in connection with a relevant function,

for use for the purpose of verifying the information.

(3) The persons are—

(a) a chief officer of police (in Scotland, the chief constable of the Police Service of Scotland),

(b) the Director General of the National Crime Agency.

(4) In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—

(a) checking its accuracy by comparing it with information held—

(i) where the person is the Secretary of State ... or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or

(ii) where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and

(b) compiling a report of that comparison.

(5) Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).

(6) This section does not authorise the doing of anything that contravenes the data protection legislation.

(7) This section does not affect any power existing apart from this section to supply information.

(8) In this section—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“Northern Ireland Department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;

“relevant function” means—a function relating to social security, child support, employment or training,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a function relating to passports,a function under Part 3 of the Road Traffic Act 1988 (c. 52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

Part 2: supply of information by Secretary of State etc.

95

(1) A report compiled under section 94 may be supplied by—

(a) the Secretary of State,

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a Northern Ireland Department, or

to a person within subsection (2).

(2) The persons are—

(a) a chief officer of police (in Scotland, the chief constable of the Police Service of Scotland),

(b) the Serious Organised Crime Agency.

(3) Such a report may contain any information held—

(a) by the Secretary of State ... or a Northern Ireland Department in connection with the exercise of a relevant function, or

(b) by a person within section 94(2)(c) in connection with the provision of services referred to there.

(4) Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—

(a) may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and

(b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(5) Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94.

Information about release or transfer

96

(1) This section applies to a relevant offender who is serving a sentence of imprisonment or a term of service detention, or is detained in a hospital.

(2) The Secretary of State may by regulations make provision requiring notice to be given by the person who is responsible for that offender to persons prescribed by the regulations, of any occasion when the offender is released or a different person becomes responsible for him.

(2A) The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide—

(a) any information about the offender, or

(b) a photograph of any part of the offender.

(2B) In subsection (2A), “photograph” is to be construed in accordance with section 88(2).

(3) The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification orders

Notification orders: applications and grounds

97

(1) The chief constable of the Police Service of Scotland (“the chief constable”) may by application to any sheriff, apply for an order under this section (a “notification order”) in respect of a person ... if—

(a) it appears to the chief constable that the following three conditions are met with respect to the person, and

(b) the person resides in Scotland or the chief constable believes that the person is in, or is intending to come to, Scotland.

(2) The first condition is that under the law in force in a country outside the United Kingdom—

(a) the person has been convicted of a relevant offence (whether or not the person 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 the person is not guilty by reason of insanity,

(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence, or

(d) the person has been cautioned in respect of a relevant offence.

(3) The second condition is that—

(a) the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,

(b) the first condition is met because of a conviction or finding which occurred before that date, but the person was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or

(c) the first condition is met because of a conviction or finding which occurred before that date, but on that date the person was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).

(4) The third condition is that the period set out in section 82 (as modified by subsections (2) and (3) of section 98) in respect of the relevant offence has not expired.

(5) If on the application it is proved that the conditions in subsections (2) to (4) are met, the sheriff must make a notification order.

(5A) A record of evidence must be kept on any application for an order under this section.

(5B) The clerk of the court by which a notification order under this section is made must cause a copy of the order as so made to be—

(a) given to the person named in the order,

(b) sent to the person by registered post, or

and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.

(6) In this section and section 98, “relevant offence” has the meaning given by section 99.

Notification orders: effect

98

(1) Where a notification order is made—

(a) the application of this Part to the person in respect of whom the order has effect in respect of the conviction, finding or caution to which the order relates is subject to the modifications set out below, and

(b) subject to those modifications, the person becomes or (as the case may be) remains subject to the notification requirements of this Part for the notification period set out in section 82.

(2) The “relevant date” means—

(a) in the case of a person within section 97(2)(a), the date of the conviction;

(b) in the case of a person within section 97(2)(b) or (c), the date of the finding;

(3) In section 82—

(a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to the person in respect of whom the order has effect;

(b) the reference in the Table to section 80(1)(d) is to be read as a reference to section 97(2)(d);

(c) references to an order of any description are to be read as references to any corresponding disposal made in relation to the person in respect of whom the order has effect in respect of an offence or finding by reference to which the notification order was made;

(d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.

(4) In sections 83 and 85, references to the commencement of this Part are to be read as references to the date of service of the notification order.

Sections 97 and 98: relevant offences

99

(1) “Relevant offence” in sections 97 and 98 means an act which—

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

(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.

(2) 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 (1) however it is described in that law.

(3) Subject to subsection (4), on an application for a notification order the condition in subsection (1)(b) is to be taken as met unless, not later than rules of court may provide, the person in respect of whom the order is sought 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

(4) The court, if it thinks fit, may permit the person in respect of whom the order is sought to require the applicant to prove that the condition is met without service of a notice under subsection (3).

Interim notification orders

100

(1) This section applies where an application for a notification order (“the main application”) has not been determined.

(2) An application for an order under this section (“an interim notification order”)—

(a) may be made in ... the main application, or

(b) if the main application has been made, may be made by the person who has made that application, by further application to the sheriff to whom the main application has been made.

(3) The court may, if it considers it just to do so, make an interim notification 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.

(5) While such an order has effect—

(a) the person in respect of whom the order has effect is subject to the notification requirements of this Part;

(b) this Part applies to the person, subject to the modification set out in subsection (6).

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

(7) The applicant or the person in respect of whom the order has effect may by application apply to the court that made the interim notification order for the order to be varied, renewed or discharged.

(7A) A record of evidence must be kept on any application for an order under this section.

(7B) The clerk of the court by which an interim notification order is made, varied, renewed or discharged under this section must 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 to be sent to the person in accordance with subsection (7C).

(7C) A copy of the order may be sent to the person named in the order—

(a) by registered post, or

(b) by the recorded delivery service,

Notification orders and interim notification orders: appeals

101

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals in relation to notification orders and interim notification orders: Scotland

102

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 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.

Sections 97 to 100: Scotland

103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual offences prevention orders (Scotland and Northern Ireland)

Sexual offences prevention orders: applications and grounds

104

(1) A court may make an order under this section in respect of a person (“the defendant”) where any of subsections (2) to (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;

(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 an offence listed in Schedule 3 or 5.

(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 5 by reason of insanity, or

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

(5) A chief officer of police may by complaint to a magistrates' court apply for an order under this section 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

(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—

(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).

SOPOs: further provision as respects Scotland

105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 104: supplemental

106

(1) In this Part, “sexual offences prevention order” means an order under section 104 or 105.

(2) Subsections (3) to (8) apply for the purposes of section 104.

(3) “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.

(4) Acts, behaviour, convictions and findings include those occurring before the commencement of this Part.

(5) “Qualifying offender” means a person within subsection (6) or (7).

(6) A person is within this subsection if, whether before or after the commencement of this Part, he—

(a) has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,

(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 respect of such an offence.

(7) 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—

(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,

(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.

(8) “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 (6) or (7).

(9) In subsection (7), “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 listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.

(10) 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 (9), however it is described in that law.

(11) Subject to subsection (12), on an application under section 104(5) the condition in subsection (9)(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,

(b) showing his grounds for that opinion, and

(12) 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 (11).

(13) Subsection (14) applies for the purposes of section 104 and this section in their application in relation to England and Wales or Northern Ireland.

(14) In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—

(a) to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or

(b) to the age of any person,

is to be disregarded.

SOPOs: effect

107

(1) A sexual offences prevention order—

(a) prohibits the defendant from doing anything described in the order or requires the defendant to do anything described in the order (or both), and

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

(2) The only prohibitions or requirements 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—

(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 and sections 88F and 88G) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(3A) Where—

(a) a sexual offences prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A); and

(b) by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,

the sexual offences prevention order ceases to have effect.

(3B) Subsection (3A) applies to the orders mentioned in section 108(8)(b) and (c) as it applies to sexual offences prevention orders.

(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

(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 earlier order ceases to have effect.

(7) Section 106(3) applies for the purposes of this section and section 108.

SOPOs: variations, renewals and discharges

108

(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual offences prevention order.

(2) The persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant resides;

(d) where the order was made on an application under section 104(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;

(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 appropriate.

(5) An order may be renewed, or varied so as to impose additional prohibitions or requirements 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 prohibitions or requirements 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 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—

(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 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 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 ... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in ... Scotland), and

(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.

Interim SOPOs

109

(1) This section applies where an application under section 104(5) or 105(1) (“the main 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

(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 the order or requiring the defendant to do anything described in the order (or both).

(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.

(5) Section 107(3) 107(2) Section 107(2) to (5) apply to an interim sexual offences prevention order as if references to an order were references to such an order, and with the omission of “as renewed from time to time” in both places.

(6) 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.

(7) Subsection (6) applies to orders under—

(a) section ... 20(4)(a) of the Crime and Disorder Act 1998 (c. 37) (interim orders made in ... Scotland), 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.

SOPOs and interim SOPOs: appeals

110

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

(a) where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;

(b) where section 104(3) (but not section 104(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;

(2) A defendant may appeal to a county court against the making of an interim sexual offences prevention order.

(3) A defendant may appeal against the making of an order under section 108, 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 a county court.

(4) On an appeal under subsection (1)(c), (2) or (3)(b), the county 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 a county court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 108(7) or 109(6) (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 county court).

Appeals in relation to SOPOs and interim SOPOs: Scotland

111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 104 and 106 to 109: Scotland

112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence: breach of SOPO or interim SOPO

113

(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;

(d) an order under section ... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made ... in Scotland);

(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).

(1ZA) A person commits an offence if, without reasonable excuse, the person—

(a) contravenes a prohibition imposed by—

(i) a sexual harm prevention order,

(ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or

(iii) an interim sexual harm prevention order,

other than a prohibition on foreign travel, or

(b) fails to comply with a requirement imposed by—

(i) a sexual harm prevention order,

(ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or

(iii) an interim sexual harm prevention order.

(1ZB) A person commits an offence if, without reasonable excuse, the person—

(a) contravenes a prohibition imposed by a relevant Scottish order other than a prohibition on foreign travel, or

(b) fails to comply with a requirement imposed by a relevant Scottish order.

(1ZC) In subsection (1ZB)—

“prohibition on foreign travel” has the meaning given by section 17(2) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22);

“relevant Scottish order” means—a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, oran interim sexual harm prevention order made under section 21 of that Act.

(1A) A person commits an offence if, without reasonable excuse, he fails to do anything which he is required to do by a sexual offences prevention order or an interim sexual offences prevention 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 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, an order for conditional discharge or, in Scotland, a community payback order.

Foreign travel orders (Scotland and Northern Ireland)

Foreign travel orders: applications and grounds

114

(1) A chief officer of police may by complaint to a 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 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.

(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

(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.

Section 114: interpretation

115

(1) Subsections (2) to (5) apply for the purposes of section 114.

(2) “Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom” means protecting persons under 18 generally or any particular person under 18 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 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 116.

(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 116.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 114: qualifying offenders

116

(1) A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—

(a) has been convicted of an offence within subsection (2),

(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 respect of such an offence.

(2) The offences are—

(a) an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;

(b) an offence within paragraph 31 or 92S of that Schedule, if the intended offence was an offence against a person under 18;

(i) the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;

(ii) the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person under 18; or

(iii) the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was under 18 at the time of the offence.

(d) an offence within any other paragraph of that Schedule, if the victim of the offence was under 18 at the time of the offence.

(2A) In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.

(3) A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before 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 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.

(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.

(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 114 the condition in subsection (4)(b) above (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,

(b) showing his grounds for that opinion, and

(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).

Foreign travel orders: effect

117

(1) A foreign travel order has effect for a fixed period of not more than 5 years, specified in the order.

(2) The order prohibits the defendant from doing whichever of the following is specified in the order—

(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

(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 requirements imposed by regulations made under section 86(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.

(6) Section 115(2) applies for the purposes of this section and section 118.

Foreign travel orders: variations, renewals and discharges

118

(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—

(a) the defendant;

(b) the chief officer of police on whose application the foreign travel order was made;

(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 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.

(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).

(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

(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.

Foreign travel orders: appeals

119

(1) A defendant may appeal to a county court—

(a) against the making of a foreign travel order;

(b) against the making of an order under section 118, or the refusal to make such an order.

(2) On any such appeal, the county 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 a county court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 118(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 county court).

Appeals in relation to foreign travel orders: Scotland

120

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Sections 114 to 118: Scotland

121

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Offence: breach of foreign travel order

122

(1) A person commits an offence if, without reasonable excuse—

(a) he does anything which he is prohibited from doing by a foreign travel order , ...

(b) he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order , or

(c) he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).

(1A) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).

(1B) A person commits an offence if, without reasonable excuse, the person fails to comply with—

(a) a requirement under section 117A(2) (surrender of passports: ... Northern Ireland), or

(b) a requirement under section 117B(2) (surrender of passports: Scotland).

(1C) A person may be prosecuted, tried and punished for any offence under subsection (1B)—

(a) in any sheriff court district in which the person is apprehended or is in custody, or

(b) in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).

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

(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 the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge (or, in Scotland, a community payback order).

Risk of sexual harm orders (Northern Ireland)

Risk of sexual harm orders: applications, grounds and effect

123

(1) The Chief Constable of the Police Service of Northern Ireland may by complaint to a court of summary jurisdiction apply for an order under this section (a “risk of sexual harm order”) in respect of a person aged 18 or over (“the defendant”) who resides in Northern Ireland or who the Chief Constable believes is in, or is intending to come to, Northern Ireland if it appears to the Chief Constable 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

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The acts are—

(a) engaging in sexual activity involving a child or in the presence of a child;

(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;

(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 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;

(b) has effect for a fixed period (not less than 2 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 subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

Section 123: interpretation

124

(1) Subsections (2) to (7) apply for the purposes of section 123.

(2) “Protecting children generally or any child from harm from the defendant” means protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).

(3) “Child” means a person under 16.

(4) “Image” means an image produced by any means, whether of a real or imaginary subject.

(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 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 any person’s purpose, consider that any part of the image is sexual.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSHOs: variations, renewals and discharges

125

(1) A person within subsection (2) may by complaint to the appropriate court a court of summary jurisdiction apply for an order varying, renewing or discharging a risk of sexual harm order.

(2) The persons are—

(a) the defendant;

(b) the Chief Constable of the Police Service of Northern Ireland.

(3) Subject to subsections (4) and (5), on the application the court, after hearing the person making the application, and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order, varying, renewing or 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 for this purpose).

(5) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland.

(6) Section 124(2) applies for the purposes of this section.

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

(a) the court which made the risk of sexual harm order;

(b) a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides;

(c) where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.

Interim RSHOs

126

(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”)—

(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 Chief Constable of the Police Service of Northern Ireland, 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 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;

(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.

RSHOs and interim RSHOs: appeals

127

(1) A defendant may appeal to a county 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

(2) On any such appeal, the county 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 a county court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 125(7) or 126(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 county court).

Offence: breach of RSHO or interim RSHO

128

(1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

(a) a risk of sexual harm order,

(b) an interim risk of sexual harm order,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

commits an offence.

(1A) A person who, without reasonable excuse—

(a) does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or

(b) fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,

commits an offence.

(1B) A person who, without reasonable excuse—

(a) does anything that the person is prohibited from doing by a relevant Scottish order, or

(b) fails to do something that the person is required to do by a relevant Scottish order,

commits an offence.

(1C) In subsection (1B) “relevant Scottish order” means—

(a) a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or

(b) an interim sexual risk order made under section 31 of that Act.

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

(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 the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge.

Effect of conviction etc. of an offence under section 128

129

(1) This section applies to a person (“the defendant”) who—

(a) is convicted of an offence mentioned in subsection (1A);

(b) is found not guilty of such an offence by reason of insanity;

(d) is cautioned in respect of such an offence.

(1A) Those offences are—

(a) an offence under section 122H or 128 of this Act;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) This section also applies to a person (“the defendant”) who—

(a) is convicted of an offence mentioned in subsection (1C),

(b) is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or

(c) is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence.

(1C) Those offences are—

(a) an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland);

(b) an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.

(2) Where —

(a) a defendant was a relevant offender immediately before this section applied to him, and

(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 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

(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—

(a) where the conviction, finding , caution or acquittal within subsection (1) or (1B) is in respect of a breach of a risk of sexual harm order or a sexual risk order, that order;

(b) where the conviction, finding , caution or acquittal within subsection (1) or (1B) is in respect of a breach of an interim risk of sexual harm order or an interim sexual risk order, any risk of sexual harm order or sexual risk order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.

(5A) In subsection (5) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend Schedules 3 and 5

130

(1) The Secretary of State may by order amend Schedule 3 or 5.

(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 106 and 116, an amendment within subsection (4) applies to convictions, findings and cautions before as well as after the amendment takes effect.

(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 resulting in a particular disposal, to be within a Schedule when it would not otherwise be.

General

Young offenders: application

131

This Part applies to—

(a) a period of detention which a person is liable to serve under a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or a secure training order,

(b) a period for which a person is ordered to be detained in residential accommodation under section 44(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46),

(c) a period of training in a training school, or of custody in a remand centre, which a person is liable to undergo or serve by virtue of an order under section 74(1)(a) or (e) of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)),

(d) a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),

(e) a period for which a person is ordered to be kept in secure accommodation under Article 44A of the Order referred to in paragraph (d),

(f) a sentence of detention in a young offender institution, a young offenders institution or a young offenders centre,

(g) a sentence under a custodial order within the meaning of section 71AA of, or paragraph 10(1) of Schedule 5A to, the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43AA of, or paragraph 10(1) of Schedule 4A to, the Naval Discipline Act 1957 (c. 53),

(h) a sentence of detention under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 250 , 252A or 259 of the Sentencing Code, section 209 or 218 of the Armed Forces Act 2006, section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995 or Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998,

(i) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or section 272 or 275 of the Sentencing Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006),

(j) a sentence of detention, or custody for life, under section 71A of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43A of the Naval Discipline Act 1957 (c. 53),

(k) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006),

(l) an extended sentence under section 226B or 228 of the Criminal Justice Act 2003 or section 254 of the Sentencing Code (including one passed as a result of section 221A or 222 of the Armed Forces Act 2006),

(m) a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008,

(n) a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008

as it applies to an equivalent sentence of imprisonment; and references in this Part to prison or imprisonment are to be interpreted accordingly.

Offences with thresholds

132

(1) This section applies to an offence which in Schedule 3 is listed subject to a condition relating to the way in which the defendant is dealt with in respect of the offence or (where a relevant finding has been made in respect of him) in respect of the finding (a “sentencing condition”).

(2) Where an offence is listed if either a sentencing condition or a condition of another description is met, this section applies only to the offence as listed subject to the sentencing condition.

(3) For the purposes of this Part (including in particular section 82(6))—

(a) a person is to be regarded as convicted of an offence to which this section applies, or

(b) (as the case may be) a relevant finding in relation to such an offence is to be regarded as made,

at the time when the sentencing condition is met.

(4) In the following subsections, references to a foreign offence are references to an act which—

(a) constituted an offence under the law in force in a country outside the United Kingdom (“the relevant foreign law”), and

(b) would have constituted an offence to which this section applies (but not an offence, listed in Schedule 3, to which this section does not apply) if it had been done in any part of the United Kingdom.

(5) In relation to a foreign offence, references to the corresponding UK offence are references to the offence (or any offence) to which subsection (4)(b) applies in the case of that foreign offence.

(6) For the purposes of this Part, a person is to be regarded as convicted under the relevant foreign law of a foreign offence at the time when he is, in respect of the offence, dealt with under that law in a way equivalent to that mentioned in Schedule 3 as it applies to the corresponding UK offence.

(7) Where in the case of any person a court exercising jurisdiction under the relevant foreign law makes in respect of a foreign offence a finding equivalent to a relevant finding, the court’s finding is, for the purposes of this Part, to be regarded as made at the time when the person is, in respect of the finding, dealt with under that law in a way equivalent to that mentioned in Schedule 3 as it applies to the corresponding UK offence.

(8) Where (by virtue of an order under section 130 or otherwise) an offence is listed in Schedule 5 subject to a sentencing condition, this section applies to that offence as if references to Schedule 3 were references to Schedule 5.

(9) In this section, “relevant finding”, in relation to an offence, means—

(a) a finding that a person is not guilty of the offence by reason of insanity, or

(b) a finding that a person is under a disability and did the act charged against him in respect of the offence.

Part 2: general interpretation

133

(1) In this Part—

“admitted to a hospital” means admitted to a hospital under—section 37 of the Mental Health Act 1983 (c. 20), section 57(2)(a) or 57A(2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 or 50A(2) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25); orsection 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;

“applicable date” has the meaning given by section 88D(5)

“cautioned” means—cautioned (or, in Northern Ireland, cautioned by a police officer) after the person concerned has admitted the offence, ......and “caution” is to be interpreted accordingly;

“community order” means—a community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (as that Act had effect before the passing of the Criminal Justice Act 2003);a community payback order made under the Criminal Procedure (Scotland) Act 1995 (c.46);a community order within the meaning of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)), a probation order under section 1 of the Probation Act (Northern Ireland) 1950 (c. 7 (N.I.)) or a community service order under Article 7 of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 40)); ora community supervision order;

“community supervision order” means an order under paragraph 4 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;

“country” includes territory;

“date of discharge” has the meaning given by section 88B(1)

“detained in a hospital” means detained in a hospital under—Part 3 of the Mental Health Act 1983, section 136 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13), Part 6 of the Criminal Procedure (Scotland) Act 1995 or Part III of the Mental Health (Northern Ireland) Order 1986;Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; orsection 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;

“further date of discharge” has the meaning given by section 88B(3)

“guardianship order” means a guardianship order under section 37 of the Mental Health Act 1983 (c. 20), section 58 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

“home address” has the meaning given by section 83(7);

“interim notification order” has the meaning given by section 100(2);

“interim risk of sexual harm order” has the meaning given by section 126(2);

“interim sexual harm prevention order” has the meaning given by section 103F(2);

“interim sexual offences prevention order” has the meaning given by section 109(2);

“interim sexual risk order” has the meaning given by section 122E(2);

“kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));

“local police area” has the meaning given by section 88(3);

“local probation board” has the same meaning as in the Criminal Justice and Court Services Act 2000 (c. 43);

“notification continuation order” has the meaning given by section 88C(2)

“notification order” has the meaning given by section 97(1);

“notification period” has the meaning given by section 80(1);

“order for conditional discharge” means an order under any of the following provisions discharging the offender conditionally— section 80 of the Sentencing Code; Article 4 of the Criminal Justice (Northern Ireland) Order 1996;section 185 of the Armed Forces Act 2006;paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;

“parental responsibility” has the same meaning as in the Children Act 1989 (c. 41) or the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)), and “parental responsibilities” has the same meaning as in Part 1 of the Children (Scotland) Act 1995 (c. 36);

“the period of conditional discharge” has the meaning given by each of the following— section 80(1) of the Sentencing Code; Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996;section 185(2) of the Armed Forces Act 2006;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“prohibition on foreign travel” has the meaning given by section 103D(2) or 122C(2);

“relevant date” has the meaning given by section 82(6) (save in the circumstances mentioned in sections 88B, , 96ZC, 98, 96A(6) , 100, 107, 109 and 129);

“relevant offender” has the meaning given by section 80(2);

“restriction order” means—an order under section 41 of the Mental Health Act 1983, section 57(2)(b) or 59 of the Criminal Procedure (Scotland) Act 1995 or Article 47(1) of the Mental Health (Northern Ireland) Order 1986;a direction under paragraph 2(1)(b) of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) or Article 50A(3)(b) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)); ora direction under section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;

“risk of sexual harm order” has the meaning given by section 123(1);

“service detention” has the meaning given by section 374 of the Armed Forces Act 2006;

“sexual harm prevention order” has the meaning given by section 103A(1);

“sexual offences prevention order” has the meaning given by section 106(1);

“sexual risk order” has the meaning given by section 122A(1);

“specified”, in relation to an offender supervision requirement, means specified in the requirement.

“supervision” means supervision in pursuance of an order made for the purpose or, in the case of a person released from prison on licence, in pursuance of a condition contained in his licence;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) A reference to a provision specified in paragraph (a) of the definition of “admitted to a hospital”, “detained in a hospital” or “restriction order” includes a reference to the provision as it applies by virtue of—

(a) section 5 of the Criminal Procedure (Insanity) Act 1964,

(b) section 6 or 14 of the Criminal Appeal Act 1968,

(ba) Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968),

(d) section 16 or 23 of the Courts-Martial (Appeals) Act 1968.

(2) Where under section 141 different days are appointed for the commencement of different provisions of this Part, a reference in any such provision to the commencement of this Part is to be read (subject to section 98(4)) as a reference to the commencement of that provision.

(3) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).

Conditional discharges and probation orders

134

(1) The following provisions do not apply for the purposes of this Part to a conviction for an offence in respect of which an order for conditional discharge . . . is made—

(a) section 82(2) of the Sentencing Code (conviction with absolute or conditional discharge deemed not to be a conviction);

(b) Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge deemed not to be a conviction);

(c) section 247(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (conviction with . . . absolute discharge deemed not to be a conviction);

(ca) section 187(1) of the Armed Forces Act 2006 (conviction with absolute or conditional discharge deemed not to be a conviction);

(d) paragraph 5(1) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Schedule 4A to the Naval Discipline Act 1957 (c. 53) (conviction with absolute or conditional discharge or community supervision order deemed not to be a conviction).

(2) Subsection (1) applies only to convictions after the commencement of this Part.

(3) The provisions listed in subsection (1)(d) do not apply for the purposes of this Part to a conviction for an offence in respect of which a community supervision order is or has (before or after the commencement of this Part) been made.

Interpretation: mentally disordered offenders

135

(1) In this Part, a reference to a conviction includes a reference to a finding of a court in summary proceedings, where the court makes an order under an enactment within subsection (2), that the accused did the act charged; and similar references are to be interpreted accordingly.

(2) The enactments are—

(a) section 37(3) of the Mental Health Act 1983 (c. 20);

(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(2A) In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995.

(3) In this Part, a reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of an offence includes a reference to his being or having been found—

(a) unfit to be tried for the offence;

(b) to be insane so that his trial for the offence cannot or could not proceed; or

(4) In section 133—

(a) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively—

(i) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and

(ii) a reference to a restriction order treated as made by paragraph 2(1) of that Schedule;

(b) a reference to admission or detention under any provision of Part 6 of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively—

(i) a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and

(ii) a reference to a restriction order made under section 178(1) or 379(1) of that Act;

Part 2: Northern Ireland

136

(1) This Part applies to Northern Ireland with the following modifications.

(2) References to a chief officer of police are to be read as references to the Chief Constable of the Police Service of Northern Ireland.

(3) References to police areas are to be read as references to Northern Ireland.

(4) References to a complaint are to be read as references to a complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction.

(4A) In section 132A the reference to section 127 of the Magistrates' Courts Act 1980 is to be read as a reference to Article 78 of the Magistrates' Courts (Northern Ireland) Order 1981.

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