Legalize / United Kingdom / Public General Act

Anti-social Behaviour, Crime and Policing Act 2014

Type Public General Act

Publication 2014-03-13

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Electronic monitoring requirements

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(1) A supervision order containing a curfew requirement may also contain a requirement (an “electronic monitoring requirement”) for securing the electronic monitoring of compliance with the curfew requirement during a period—

(a) specified in the order, or

(b) determined by the responsible officer in accordance with the order.

(2) In the case referred to in sub-paragraph (1)(b), the responsible officer must, before the beginning of the period when the electronic monitoring requirement is to take effect, notify—

(a) the defaulter,

(b) the person responsible for the monitoring, and

of the time when that period is to begin.

(3) Where—

(a) it is proposed to include an electronic monitoring requirement in a supervision order, but

(b) there is a person (other than the defaulter) without whose co-operation it will not be practicable to secure that the monitoring takes place,

the requirement may not be included in the order without that person's consent.

(4) A supervision order imposing an electronic monitoring requirement must include provision for making a person responsible for the monitoring.

(5) An electronic monitoring requirement may not be included in a supervision order unless the court making the order—

(a) has been notified by the youth offending team for the time being specified in the order that arrangements for electronic monitoring are available in the area that includes the place the court proposes to specify in the order for the purposes of the curfew requirement, and

(b) is satisfied that the necessary provision can be made under the arrangements currently available.

(6) Where a supervision order contains an electronic monitoring requirement, the court may, on the application of the original applicant or the defaulter, amend the order by substituting a new period for the period specified in the order under this paragraph.

(7) Sub-paragraph (3) applies in relation to the variation of an electronic monitoring requirement under sub-paragraph (6) as it applies in relation to the inclusion of a requirement.

“Responsible officer”

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(1) For the purposes of this Part of this Schedule, the “responsible officer”, in relation to a supervision order, means—

(a) in a case where the order imposes a curfew requirement and an electronic monitoring requirement, but does not impose an activity or supervision requirement, the person who under paragraph 6(4) is responsible for the electronic monitoring;

(b) in any other case, the member of the youth offending team for the time being specified in the order who is for the time being responsible for discharging the functions conferred by this Schedule on the responsible officer.

(2) Where a supervision order has been made, it is the duty of the responsible officer—

(a) to make any arrangements that are necessary in connection with the requirements contained in the order;

(b) to promote the defaulter's compliance with those requirements.

(3) The responsible officer must ensure, so far as practicable, that any instructions given by the officer under a supervision order are such as to avoid the things referred to in paragraph 2(4).

(4) A defaulter in respect of whom a supervision order is made must—

(a) keep in touch with the responsible officer, in accordance with any instructions given by the responsible officer from time to time;

(b) notify the responsible officer of any change of address.

These obligations have effect as requirements of the order.

Amendment of operative period

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(1) The court may, on the application of the original applicant, amend a supervision order by substituting a new period for the one specified in the order for the time being under paragraph 2(5) (subject to paragraph 2(6)).

(2) A court amending a supervision order under sub-paragraph (1) may make whatever other amendments to the order the court considers appropriate in relation to a requirement imposed by the order.

Amendment on change of area of residence

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(1) This paragraph applies where, on an application made in relation to a supervision order by the original applicant or the defaulter, the court is satisfied that the defaulter proposes to live, or is living, in the area of a youth offending team other than the team for the time being specified in the order.

(2) If the application is made by the defaulter, the court may amend the order by substituting for the youth offending team specified in the order the youth offending team for the area referred to in sub-paragraph (1) (or, if there is more than one youth offending team for that area, whichever of them the court decides).

(3) If the application is made by the original applicant, the court must amend the order in the way mentioned in sub-paragraph (2) (subject to sub-paragraph (5)).

(4) Where a court amends the supervision order under sub-paragraph (2) or (3) but the order contains a requirement that, in the opinion of the court, cannot reasonably be complied with if the defaulter lives in the area referred to in sub-paragraph (1), the court must also amend the order by—

(a) removing that requirement, or

(b) substituting for that requirement a new requirement that can reasonably be complied with if the defaulter lives in that area.

(5) Sub-paragraph (3) does not require a court to amend the supervision order if in its opinion sub-paragraph (4) would produce an inappropriate result.

(6) The original applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1).

Revocation of supervision order

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(1) The original applicant or the defaulter may apply to a youth court—

(a) to revoke a supervision order;

(b) to amend a supervision order by removing a requirement from it.

(2) If it appears to the court to be in the interests of justice to do so, having regard to circumstances that have arisen since the supervision order was made, the court may grant an application under sub-paragraph (1) and revoke or amend the order accordingly.

(3) The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.

(4) If an application under this paragraph is dismissed, the party by which the dismissed application was made may make no further application under this paragraph without—

(a) the consent of the court, or

(b) the agreement of the other party.

(5) The original applicant must consult the youth offending team for the time being specified in the supervision order before making an application under sub-paragraph (1).

Compliance with supervision order

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If the responsible officer considers that the defaulter has complied with all the requirements of the supervision order, the officer must inform the original applicant.

Non-compliance with supervision order

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(1) If the responsible officer considers that the defaulter has failed to comply with a requirement of the supervision order, the officer must inform the original applicant.

(2) On being informed under sub-paragraph (1) the original applicant may apply to a youth court.

(3) Before making an application under sub-paragraph (2) the original applicant must—

(a) consult the youth offending team for the time being specified in the order;

(b) inform any other body or individual the original applicant thinks appropriate.

(4) If on an application under sub-paragraph (2) the court is satisfied beyond reasonable doubt that the defaulter has without reasonable excuse failed to comply with a requirement of the supervision order, the court may—

(a) revoke the supervision order and make a new one;

(b) revoke the order and make a detention order (see Part 3 of this Schedule).

(5) The powers in sub-paragraph (4)—

(a) may not be exercised after the defaulter reaches the age of 18;

(b) are in addition to any other power of the court in relation to the breach of the supervision order.

(6) The court must consider any representations made by the youth offending team for the time being specified in the order before exercising its powers under this paragraph.

Copies of supervision order etc

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(1) A court that makes a supervision order must straight away provide a copy of the order to—

(a) the defaulter;

(b) the youth offending team for the time being specified in the order.

(2) Where a supervision order is made, the original applicant must straight away provide a copy of so much of the order as is relevant—

(a) in a case where the order includes an activity requirement specifying a place under paragraph 4(1)(a), to the person in charge of that place;

(b) in a case where the order includes an activity requirement specifying an activity under paragraph 4(1)(b), to the person in charge of that activity;

(c) in a case where the order includes an activity requirement specifying a residential exercise under paragraph 4(1)(c), to the person in charge of the place or activity specified under paragraph 4(5) in relation to that residential exercise;

(d) in a case where the order contains an electronic monitoring requirement, to—

(i) any person who by virtue of paragraph 6(4) will be responsible for the electronic monitoring, and

(ii) any person without whose consent that requirement could not have been included in the order.

(3) A court that revokes or amends a supervision order must straight away provide a copy of the revoking order, or of the order as amended, to—

(a) the defaulter;

(b) the youth offending team for the time being specified in the order.

(4) Where—

(a) a copy of a supervision order (or part of a supervision order) has been given to a person under sub-paragraph (2) by virtue of a requirement contained in the order, and

(b) the order is revoked, or amended in respect of that requirement,

the original applicant must straight away give a copy of the revoking order, or of so much of the order as amended as is relevant, to that person.

PART 3 — Detention orders

Detention orders

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(1) A detention order is an order that the person in respect of whom it is made (“the defaulter”) be detained for a period specified in the order in whatever youth detention accommodation the Secretary of State decides.

(2) The period specified under sub-paragraph (1) may not exceed the period of 3 months (not counting the day on which the order is made).

(3) In sub-paragraph (1) “youth detention accommodation” means—

(a) a secure training centre;

(b) a young offender institution;

(4) The function of the Secretary of State under sub-paragraph (1) is exercisable concurrently with the Youth Justice Board.

(5) A person detained under a detention order is in legal custody.

Revocation of detention order

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(1) Where a detention order is made, the original applicant or the defaulter may apply to a youth court to revoke it.

(2) If it appears to the court to be in the interests of justice to do so, having regard to circumstances that have arisen since the detention order was made, the court may grant an application under sub-paragraph (1) and revoke the order accordingly.

(3) The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.

(4) If an application under this paragraph is dismissed, the party by which the dismissed application was made may make no further application under this paragraph without—

(a) the consent of the court, or

(b) the agreement of the other party.

(5) A person making an application under this paragraph in relation to a detention order made under paragraph 1 must before doing so consult any youth offending team specified in the injunction under section 3(1) or, if none is specified, the local youth offending team within the meaning of section 14.

(6) A person making an application under this paragraph in relation to a detention order made under paragraph 12(4)(b) must before doing so consult the youth offending team for the time being specified in the relevant supervision order.

SCHEDULE 3

SCHEDULE 4

PART 1 — Making and revising review procedures etc

Consultation: local policing bodies

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(1) In making and revising the review procedures, the relevant bodies in a local government area must consult the local policing body for the relevant police area.

(2) The “relevant police area” is the police area which consists of, or includes, the local government area.

2

In making and revising the review procedures, the relevant bodies in a local government area must consult such local providers of social housing as they consider appropriate.

Dissatisfaction with ASB case reviews

3

The review procedures must include provision about what is to happen where an applicant is dissatisfied with the way in which the relevant bodies have—

(a) dealt with an application for an ASB case review, or

(b) carried out an ASB case review.

Assessment and revision of review procedures

4

The review procedures must include provision about—

(a) the assessment of the effectiveness of those procedures, and

(b) the revision of those procedures.

Co-option arrangements

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(1) The responsible authorities in a local government area must make arrangements (“co-option arrangements”) for the inclusion of local providers of social housing among the relevant bodies in that area.

(2) In this paragraph “responsible authorities” means—

(a) in relation to a local government area in England—

(i) the relevant district council or the unitary authority,

(ii) the chief officer of police for the police area which that local government area is within, and

(iii) each integrated care board established under section 14Z25 of the National Health Service Act 2006 whose area is wholly or partly within that local government area;

(b) in relation to a local government area in Wales—

(i) the council for the area,

(ii) the chief officer of police for the police area which that local government area is within, and

(iii) each Local Health Board whose area is wholly or partly within that local government area.

PART 3 — ASB case reviews

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(1) The relevant bodies in a local government area must consult such local providers of social housing as they consider appropriate in carrying out ASB case reviews.

(2) The local providers of social housing must co-operate with the relevant bodies in the local government area in any matters specified by the relevant bodies that concern ASB case reviews.

Information

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(1) The relevant bodies in a local government area may request any person to disclose information for a purpose connected with the carrying out of an ASB case review.

(2) If such a request is made to a person that exercises public functions, and that person possesses the requested information in connection with the exercise of such functions, the person must (subject to sub-paragraph (4)) comply with the request.

(3) If such a request is made to a person who is not required by sub-paragraph (2) to disclose the requested information, the person may (subject to sub-paragraph (4)) comply with the request.

(4) This paragraph does not require or authorise—

(a) a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions, or

(b) a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(5) Subject to that, a disclosure under this paragraph does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(6) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

PART 4 — General

Joint review procedures or co-option arrangements

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(1) The relevant bodies in two or more local government areas—

(a) may jointly make review procedures applicable to those areas;

(b) must secure that such jointly-made review procedures are in place if co-option arrangements applicable to those areas have been jointly made under sub-paragraph (2).

(2) The responsible authorities in two or more local government areas—

(a) may jointly make co-option arrangements applicable to those areas;

(b) must secure that such jointly-made co-option arrangements are in place if review procedures applicable to those areas have been jointly made under sub-paragraph (1).

(3) In a case where review procedures or co-option arrangements are made jointly in accordance with this paragraph, a reference to any of the following in section 104, section 105 or this Schedule is to be read accordingly—

(a) the relevant bodies (in the case of review procedures) or the responsible authorities (in the case of co-option arrangements);

(b) the local government area or the relevant police area (in either case).

Different review procedures or co-option arrangements for different parts of an area etc

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(1) Review procedures may make different provision in relation to different parts of a local government area.

(2) Review procedures or co-option arrangements made jointly in accordance with paragraph 8 may make different provision in relation to—

(a) different local government areas to which the procedures or arrangements are applicable, or

(b) different parts of such areas.

SCHEDULE 5

Introduction

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Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended as set out in paragraphs 2 to 6.

Sexual harm prevention orders

2

After section 103 there is inserted—

(103A) (1) A court may make an order under this section (a “sexual harm prevention order”) in respect of a person (“the defendant”) where subsection (2) or (3) applies to the defendant. (2) This subsection applies to the defendant where— (a) the court deals with the defendant in respect of— (i) an offence listed in Schedule 3 or 5, or (ii) a finding that the defendant is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or (iii) a finding that the defendant is under a disability and has done the act charged against the defendant in respect of an offence listed in Schedule 3 or 5, and (b) the court is satisfied that it is necessary to make a sexual harm prevention order, for the purpose of— (i) protecting the public or any particular members of the public from sexual harm from the defendant, or (ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (3) This subsection applies to the defendant where— (a) an application under subsection (4) has been made in respect of the defendant and it is proved on the application that the defendant is a qualifying offender, and (b) the court is satisfied that the defendant's behaviour since the appropriate date makes it necessary to make a sexual harm prevention order, for the purpose of— (i) protecting the public or any particular members of the public from sexual harm from the defendant, or (ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (4) A chief officer of police or the Director General of the National Crime Agency (“the Director General”) may by complaint to a magistrates' court apply for a sexual harm prevention order in respect of a person if it appears to the chief officer or the Director General 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. (5) A chief officer of police may make an application under subsection (4) only in respect of a person— (a) who resides in the chief officer's police area, or (b) who the chief officer believes is in that area or is intending to come to it. (6) An application under subsection (4) may be made to any magistrates' court acting for a local justice area that includes— (a) any part of a relevant police area, or (b) any place where it is alleged that the person acted in a way mentioned in subsection (4)(b). (7) The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (4). (8) Where the defendant is a child, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 103K(1)). (9) In this section “relevant police area” means— (a) where the applicant is a chief officer of police, the officer's police area; (b) where the applicant is the Director General— (i) the police area where the person in question resides, or (ii) a police area which the Director General believes the person is in or is intending to come to. (103B) (1) In section 103A— - “appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which the offender was convicted, found or cautioned as mentioned in subsection (2) or (3) below; - “child” means a person under 18; - “the public” means the public in the United Kingdom; - “sexual harm” from a person means physical or psychological harm caused— 1. by the person committing one or more offences listed in Schedule 3, or 2. (in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; - “qualifying offender” means a person within subsection (2) or (3) below; - “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise. (2) A person is within this subsection if, whether before or after the commencement of this Part, the person— (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) has been cautioned in respect of such an offence. (3) 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) 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. (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 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. For this purpose an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law, however it is described in that law. (5) For the purposes of section 103A, acts, behaviour, convictions and findings include those occurring before the commencement of this Part. (6) Subject to subsection (7), on an application under section 103A(4) 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 the defendant's opinion met, (b) showing the grounds for that opinion, and (c) requiring the applicant to prove that the condition is met. (7) The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6). (8) Subsection (9) applies for the purposes of section 103A and this section. (9) 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. (103C) (1) A sexual harm prevention order prohibits the defendant from doing anything described in the order. (2) Subject to section 103D(1), a prohibition contained in a sexual harm prevention order has effect— (a) for a fixed period, specified in the order, of at least 5 years, or (b) until further order. (3) A sexual harm prevention order— (a) may specify that some of its prohibitions have effect until further order and some for a fixed period; (b) may specify different periods for different prohibitions. (4) The only prohibitions that may be included in a sexual harm prevention order are those necessary for the purpose of— (a) protecting the public or any particular members of the public from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (5) In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1). (6) Where a court makes a sexual harm prevention order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect. (103D) (1) A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years. (2) A “prohibition on foreign travel” means— (a) a prohibition on travelling to any country outside the United Kingdom named or described in the order, (b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or (c) a prohibition on travelling to any country outside the United Kingdom. (3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 103E. (4) A sexual harm prevention order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order— (a) on or before the date when the prohibition takes effect, or (b) within a period specified in the order. (5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual harm prevention order containing a prohibition within subsection (2)(c) (unless the person is subject to an equivalent prohibition under another order). (6) Subsection (5) does not apply in relation to— (a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities; (b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation. (7) In this section “passport” means— (a) a United Kingdom passport within the meaning of the Immigration Act 1971; (b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation; (c) a document that can be used (in some or all circumstances) instead of a passport. (103E) (1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order. (2) The persons are— (a) the defendant; (b) the chief officer of police for the area in which the defendant resides; (c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area; (d) where the order was made on an application by a chief officer of police under section 103A(4), that officer. (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 (7), 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 harm prevention order, that the court considers appropriate. (5) An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of— (a) protecting the public or any particular members of the public from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. Any renewed or varied order may contain only such prohibitions as are necessary for this purpose. (6) In subsection (5) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1). (7) 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. (8) Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions. (9) In this section “the appropriate court” means— (a) where the Crown Court or the Court of Appeal made the sexual harm prevention order, the Crown Court; (b) where an adult magistrates' court made the order, that court, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area; (c) where a youth court made the order and the defendant is under the age of 18, 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 acting for a local justice area that includes any part of the chief officer's police area; (d) where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area. In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court. (103F) (1) This section applies where an application under section 103A(4) (“the main application”) has not been determined. (2) An application for an order under this section (“an interim sexual harm 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 harm prevention order, prohibiting the defendant from doing anything described in the order. (4) Such an order— (a) has effect only for a fixed period, specified in the order; (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 sexual harm prevention order for the order to be varied, renewed or discharged. (103G) (1) Where— (a) a sexual harm prevention order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and (b) the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect, the defendant remains subject to the notification requirements. (2) Where a sexual harm prevention 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 (3). (3) The “relevant date” is the date of service of the order. (4) Subsections (1) to (3) apply to an interim sexual harm prevention order as if references to a sexual harm prevention order were references to an interim sexual harm prevention order, and with the omission of “(as renewed from time to time)” in both places. (5) Where— (a) a sexual harm 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 harm prevention order ceases to have effect. (6) On an application for a sexual harm prevention order made by a chief officer of police, the court must make a notification order in respect of the defendant (either in addition to or instead of a sexual harm prevention order) if— (a) the applicant invites the court to do so, and (b) it is proved that the conditions in section 97(2) to (4) are met. (7) On an application for an interim sexual harm prevention order made by a chief officer of police, the court may, if it considers it just to do so, make an interim notification order (either in addition to or instead of an interim sexual harm prevention order). (103H) (1) A defendant may appeal against the making of a sexual harm prevention order— (a) where the order was made by virtue of section 103A(2)(a)(i), as if the order were a sentence passed on the defendant for the offence; (b) where the order was made by virtue of section 103A(2)(a)(ii) or (iii), as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence; (c) where the order was made on an application under section 103A(4), to the Crown Court. (2) A defendant may appeal to the Crown Court against the making of an interim sexual harm prevention order. (3) A defendant may appeal against the making of an order under section 103E, or the refusal to make such an order— (a) where the application for such an order was made to the Crown Court, to the Court of Appeal; (b) in any other case, to the Crown Court. (4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just. (5) Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 103E(9) or 103F(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court). (103I) (1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by— (a) a sexual harm prevention order, (b) an interim sexual harm prevention order, (c) a sexual offences prevention order, (d) an interim sexual offences prevention order, or (e) a foreign travel order, commits an offence. (2) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 103D(4). (3) 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 or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge. (103J) (1) The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency in relation to the exercise by them of their powers with regard to sexual harm prevention orders and interim sexual harm prevention orders. (2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1). (3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate. (103K) (1) Rules of court— (a) may provide for a youth court to give permission for an application under section 103A(4) against a person aged 18 or over to be made to the youth court if— (i) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and (ii) the youth court thinks that it would be in the interests of justice for the applications to be heard together; (b) may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 103A, 103E, 103F or 103G(6) or (7) have begun— (i) prescribe circumstances in which the proceedings may or must remain in the youth court; (ii) make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 103F with modifications). (2) A person's age is treated for the purposes of sections 103A to 103J and this section as being that which it appears to the court to be after considering any available evidence.

Sexual offences prevention orders and foreign travel orders

3

(1) Sections 104 to 122 (sexual offences prevention orders and foreign travel orders) are repealed.

(2) This paragraph extends only to England and Wales.

Sexual risk orders

4

Before section 123 there is inserted—

(122A) (1) A chief officer of police or the Director General of the National Crime Agency (“the Director General”) may by complaint to a magistrates' court apply for an order under this section (a “sexual risk order”) in respect of a person (“the defendant”) if it appears to the chief officer or the Director General that the following condition is met. (2) The condition is that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for a sexual risk order to be made. (3) A chief officer of police may make an application under subsection (1) only in respect of a person— (a) who resides in the chief officer's police area, or (b) who the chief officer believes is in that area or is intending to come to it. (4) An application under subsection (1) may be made to any magistrates' court acting for a local justice area that includes— (a) any part of a relevant police area, or (b) any place where it is alleged that the person acted in a way mentioned in subsection (2). (5) The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (1). (6) On an application under subsection (1), the court may make a sexual risk order if it is satisfied that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which it is necessary to make such an order for the purpose of— (a) protecting the public or any particular members of the public from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. (7) 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. (8) A sexual risk order may specify different periods for different prohibitions. (9) The only prohibitions that may be imposed are those necessary for the purpose of— (a) protecting the public or any particular members of the public from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. (10) Where a court makes a sexual risk order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect. (122B) (1) In section 122A— - “child” means a person under 18; - “harm” from the defendant means physical or psychological harm caused by the defendant doing an act of a sexual nature; - “the public” means the public in the United Kingdom; - “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise. (2) Where the defendant is a child, a reference in that section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 122K(1)). (3) In that section “relevant police area” means— (a) where the applicant is a chief officer of police, the officer's police area; (b) where the applicant is the Director General of the National Crime Agency— (i) the police area where the person in question resides, or (ii) a police area which the Director General believes the person is in or is intending to come to. (122C) (1) A prohibition on foreign travel contained in a sexual risk order must not be for a period of more than 5 years. (2) A “prohibition on foreign travel” means— (a) a prohibition on travelling to any country outside the United Kingdom named or described in the order, (b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or (c) a prohibition on travelling to any country outside the United Kingdom. (3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 122D. (4) A sexual risk order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order— (a) on or before the date when the prohibition takes effect, or (b) within a period specified in the order. (5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order). (6) Subsection (5) does not apply in relation to— (a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities; (b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation. (7) In this section “passport” means— (a) a United Kingdom passport within the meaning of the Immigration Act 1971; (b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation; (c) a document that can be used (in some or all circumstances) instead of a passport. (122D) (1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a sexual risk order. (2) The persons are— (a) the defendant; (b) the chief officer of police for the area in which the defendant resides; (c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area; (d) where the order was made on an application by a chief officer of police, that officer. (3) Subject to subsections (4) and (5), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual risk 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— (a) protecting the public or any particular members of the public from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. 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— (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. (6) Section 122B(1) applies for the purposes of this section. (7) In this section “the appropriate court” means— (a) where an adult magistrates' court made the sexual risk order, that court, any adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area; (b) where a youth court made the order and the defendant is under the age of 18, 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 acting for a local justice area that includes any part of the chief officer's police area; (c) where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area. In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court. (122E) (1) This section applies where an application for a sexual risk order (“the main application”) has not been determined. (2) An application for an order under this section (“an interim sexual risk 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 risk 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 sexual risk order for the order to be varied, renewed or discharged. (122F) (1) A person in respect of whom a court makes— (a) a sexual risk order (other than one that replaces an interim sexual risk order), or (b) an interim sexual risk order, must, within the period of 3 days beginning with the date of service of the order, notify to the police the information set out in subsection (2) (unless the person is subject to the notification requirements of this Part on that date). (2) The information is— (a) the person's name and, where the person uses one or more other names, each of those names; (b) the person's home address. (3) A person who— (a) is subject to a sexual risk order or an interim sexual risk order (but is not subject to the notification requirements of this Part), and (b) uses a name which has not been notified under this section (or under any other provision of this Part), or changes home address, must, within the period of 3 days beginning with the date on which that happens, notify to the police that name or (as the case may be) the new home address. (4) Sections 87 (method of notification and related matters) and 91 (offences relating to notification) apply for the purposes of this section— (a) with references to section 83(1) being read as references to subsection (1) above, (b) with references to section 84(1) being read as references to subsection (3) above, and (c) with the omission of section 87(2)(b). (122G) (1) A defendant may appeal to the Crown Court— (a) against the making of a sexual risk order; (b) against the making of an interim sexual risk order; or (c) against the making of an order under section 122D, or the refusal to make such an order. (2) On any such appeal, the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just. (3) Any order made by the Crown Court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 122D(7) or 122E(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court). (122H) (1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by— (a) a sexual risk order, (b) an interim sexual risk order, (c) a risk of sexual harm order, (d) an interim risk of sexual harm order, (e) an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or (f) an order under section 5 of that Act (interim risk of sexual harm orders in Scotland), commits an offence. (2) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 122C(4). (3) 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 or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge. (122I) (1) This section applies to a person (“the defendant”) who— (a) is convicted of an offence mentioned in subsection (2); (b) is found not guilty of such an offence by reason of insanity; (c) is found to be under a disability and to have done the act charged against him in respect of such an offence; or (d) is cautioned in respect of such an offence. (2) Those offences are— (a) an offence under section 122H or 128 of this Act; (b) an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of risk of sexual harm order or interim risk of sexual harm order in Scotland). (3) Where— (a) a defendant was a relevant offender immediately before this section applied to the defendant, 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. (4) Where the defendant was not a relevant offender immediately before this section applied to the defendant— (a) this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to the defendant 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 (5). (5) The “relevant date” is the date on which this section first applies to the defendant. (6) In this section “relevant order” means— (a) where the conviction, finding or caution within subsection (1) is in respect of a breach of a sexual risk order or a risk of sexual harm order, that order; (b) where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim sexual risk order or an interim risk of sexual harm order, any sexual risk order or risk of sexual harm order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order. (7) In subsection (6) “risk of sexual harm order” and “interim risk of sexual harm order” include orders under sections 2 and 5 (respectively) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005. (122J) (1) The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency in relation to the exercise by them of their powers with regard to sexual risk orders and interim sexual risk orders. (2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1). (3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate. (122K) (1) Rules of court— (a) may provide for a youth court to give permission for an application under section 122A against a person aged 18 or over to be made to the youth court if— (i) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and (ii) the youth court thinks that it would be in the interests of justice for the applications to be heard together; (b) may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 122A, 122D or 122E have begun— (i) prescribe circumstances in which the proceedings may or must remain in the youth court; (ii) make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 122E with modifications). (2) A person's age is treated for the purposes of sections 122A to 122J and this section as being that which it appears to the court to be after considering any available evidence.

Risk of sexual harm orders

5

(1) Sections 123 to 129 (risk of sexual harm orders) are repealed.

(2) This paragraph extends only to England and Wales.

Application etc of orders

6

After section 136 there is inserted—

(136ZA) (1) In this section “relevant order” means— (a) a sexual harm prevention order; (b) an interim sexual harm prevention order; (c) a sexual offences prevention order; (d) an interim sexual offences prevention order; (e) a foreign travel order; (f) a sexual risk order; (g) an interim sexual risk order; (h) a risk of sexual harm order; (i) an interim risk of sexual harm order; (j) an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland); (k) an order under section 5 of that Act (interim risk of sexual harm orders in Scotland). (2) For the purposes of sections 103I, 113, 122, 122H and 128, prohibitions imposed by a relevant order made in one part of the United Kingdom apply (unless expressly confined to particular localities) throughout that and every other part of the United Kingdom. (136ZB) (1) Where a court in England and Wales makes an order listed in the first column of the following Table in relation to a person who is already subject to an order listed opposite it in the second column, the earlier order ceases to have effect (whichever part of the United Kingdom it was made in) unless the court orders otherwise.

New order	Earlier order
Sexual harm prevention order	— sexual offences prevention order;— foreign travel order.
Sexual risk order	— risk of sexual harm order;— foreign travel order.

(2) Where a court in Northern Ireland or Scotland makes an order listed in the first column of the following Table in relation to a person who is already subject to an order or prohibition listed opposite it in the second column, the earlier order or prohibition ceases to have effect (even though it was made or imposed by a court in England and Wales) unless the court orders otherwise.

New order	Earlier order or prohibition
Sexual offences prevention order	— sexual harm prevention order not containing a prohibition on foreign travel;— in the case of a sexual harm prevention order containing a prohibition on foreign travel, each of its other prohibitions.
Foreign travel order	— prohibition on foreign travel contained in a sexual harm prevention order.
Risk of sexual harm order	— sexual risk order not containing a prohibition on foreign travel;— in the case of a sexual risk order containing a prohibition on foreign travel, each of its other prohibitions.

(3) In this section— (a) “court”, in Scotland, includes sheriff; (b) “risk of sexual harm order” includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005. (136ZC) (1) This section applies where a sexual harm prevention order has been made in respect of a person who now— (a) is residing in Northern Ireland, or (b) is in or is intending to come to Northern Ireland. (2) An application may be made to the appropriate court in Northern Ireland— (a) by the defendant, or (b) by the Chief Constable, for an order varying the sexual harm prevention order. (3) An application under subsection (2) 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 the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order varying the sexual harm prevention order that the court considers appropriate. (5) An order may be varied so as to impose additional prohibitions on the defendant only if it is necessary to do so for the purpose of— (a) protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (6) An order as varied under this section may contain only such prohibitions as are necessary for the purpose of— (a) protecting the public or any particular members of the public from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (7) The defendant may appeal against the making of an order under this section, 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 in Northern Ireland; (b) in any other case, to a county court in Northern Ireland. (8) On an appeal under subsection (7)(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. (9) In this section— - “the appropriate court” means— 1. where the sexual harm prevention order was made by— 1. the Crown Court, otherwise than on appeal from a magistrates' court, or 2. the Court of Appeal, 2. where— 1. the sexual harm prevention order was made by a magistrates' court, or by the Crown Court on appeal from a magistrates' court, and 2. the defendant is aged 18 or over, 3. where— 1. the defendant is aged under 18, and 2. paragraph (a) does not apply, - “the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland; - “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1). (136ZD) (1) This section applies where a sexual risk order has been made in respect of a person who now— (a) is residing in Northern Ireland, or (b) is in or is intending to come to Northern Ireland. (2) An application may be made to the appropriate court in Northern Ireland— (a) by the defendant, or (b) by the Chief Constable, for an order varying the sexual risk order. (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 the sexual risk order that the court considers appropriate. (4) An order may be varied so as to impose additional prohibitions on the defendant only if it is necessary to do so for the purpose of— (a) protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. (5) An order as varied under this section may contain only such prohibitions as are necessary for the purpose of— (a) protecting the public or any particular members of the public from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. (6) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, to a county court in Northern Ireland. (7) On an appeal under subsection (6), 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. (8) In this section— - “the appropriate court” means— 1. where the defendant is aged 18 or over, any court of summary jurisdiction in Northern Ireland; 2. where the defendant is aged under 18, any youth court in Northern Ireland; - “the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland; - “harm”, “child” and “vulnerable adult” each has the meaning given in section 122B(1).

Service courts

7

(1) Section 137 of the Sexual Offences Act 2003 (service courts) is amended as follows.

(2) In subsection (2), for “104(1)” there is substituted “ 103A(1) ”.

(3) For subsection (3) there is substituted—

(3) Where the court making a sexual harm prevention order is a service court— (a) sections 103A(3) to (9), 103F and 103J do not apply; (b) sections 103A(1) and (2), 103B to 103E and 103G to 103I apply— (i) subject to paragraphs (c) and (d), and (ii) as if they extended to the whole of the United Kingdom; (c) in relation to an application under section 103E in respect of a defendant who at the time of the application is a person subject to service law or a civilian subject to service discipline— (i) the application may be made only by the defendant or a Provost Martial, and must be made to the Court Martial; (ii) consent under section 103E(7) must be the consent of the defendant and a Provost Martial; (iii) an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court Martial Appeal Court; (d) in relation to an application under section 103E in respect of a defendant who at the time of the application is neither a person subject to service law nor a civilian subject to service discipline— (i) the application must be made to the Crown Court in England and Wales; (ii) an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court of Appeal in England and Wales.

(4) In subsection (4)—

(a) for “section “service court” means” there is substituted

section— “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act); “service court” means

;

(b) at the end there is inserted—

(5) After subsection (5) there is inserted—

(6) Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in relation to a sexual harm prevention order made by the Court Martial Appeal Court, as if the reference to a service court in that subsection included a reference to that court.

SCHEDULE 6

1

Part 2A of the Sexual Offences Act 2003 (closure orders) is amended as follows.

2

(1) Section 136A (meaning of specified prostitution offence etc) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) the words “section 47 of this Act or” are omitted;

(b) in paragraph (b) the words “section 48 of this Act, or” are omitted;

(d) in paragraph (d) the words “section 50 of this Act, or” are omitted.

(3) In subsection (3)—

(a) in paragraph (a) the words “section 48 of this Act, or” are omitted;

(b) in paragraph (b) the words “section 49 of this Act, or” are omitted;

(4) After that subsection there is inserted—

(3A) The specified child sex offences are— (a) an offence under any of the following sections of this Act— - sections 5 to 13; - sections 16 to 19; - sections 25 and 26; - sections 47 to 50; (b) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children); (c) an offence under any of the following sections of this Act committed against a person under 18— - sections 1 to 4; - sections 30 to 41; - section 59A; - section 61; - sections 66 and 67.

(5) In subsection (4)(a)—

(a) the words “section 47 of this Act or” are omitted;

(b) the words “subsection (1)(a) of that section or, as the case may be,” are omitted.

(6) After subsection (5) there is inserted—

(5A) Premises are being used for activities related to a specified child sex offence at any time when the premises are used— (a) to commit the offence, or (b) for activities intended to arrange or facilitate the commission of the offence.

3

In section 136B (power to authorise issue of closure notice), in the heading, for “notice” there is substituted “ notice: prostitution or pornography offences ”.

4

After that section there is inserted—

(136BA) (1) A member of a police force not below the rank of superintendent (“the authorising officer”) may authorise the issue of a closure notice in respect of any premises in England and Wales if three conditions are met. (2) The first condition is that the officer has reasonable grounds for believing that— (a) during the relevant period, the premises were used for activities related to one or more specified child sex offences, or (b) the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child sex offences. (3) In subsection (2)(a), “the relevant period” means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice. (4) The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified child sex offences. (5) For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made). (6) The third condition is that the officer is satisfied that reasonable efforts have been made— (a) to consult the local authority for the area in which the premises are situated, and (b) to establish the identity of any person who resides on the premises or who has control of or responsibility for or an interest in the premises. (7) If the local authority has not been consulted when the notice is issued, it must be consulted as soon as possible afterwards. (8) An authorisation under subsection (1) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable. (9) The issue of a closure notice may be authorised whether or not a person has been convicted of any specified child sex offence that the authorising officer believes has been committed. (10) The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.

5

(1) Section 136C (contents and service of closure notice) is amended as follows.

(2) In subsection (1)(c), after “section 136B” there is inserted “ or 136BA ”.

(3) In subsection (3)(d), after “section 136B(7)(b)” there is inserted “ or 136BA(6)(b) ”.

6

(1) Section 136D (power to make a closure order) is amended as follows.

(2) In subsection (5), for “either subsection (6) or subsection (7) (or both)” there is substituted “ at least one of subsections (6), (7) and (7A) ”.

(3) After subsection (7) there is inserted—

(7A) This subsection applies if— (a) during the relevant period, the premises were used for activities related to one or more specified child sex offences, or (b) the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child sex offences.

(4) In subsection (8), for “subsections (6) and (7)” there is substituted “ subsections (6), (7) and (7A)(a) ”.

(5) In subsection (9), for “prostitution or pornography offences” there is substituted “ prostitution, pornography or child sex offences ”.

(6) In subsection (10)(a), after “section 136B(7)(b)” there is inserted “ or 136BA(6)(b) ”.

(7) In subsection (12), for “prostitution or pornography offences” there is substituted “ prostitution, pornography or child sex offences ”.

7

In section 136H (applications for extension of closure order), in subsection (4), for “prostitution or pornography offences” there is substituted “ prostitution, pornography or child sex offences ”.

8

In section 136I (orders extending closure orders), in subsection (2), for “prostitution or pornography offences” there is substituted “ prostitution, pornography or child sex offences ”.

9

In section 136J (discharge of closure order), in subsection (3), for “prostitution or pornography offences” there is substituted “ prostitution, pornography or child sex offences ”.

10

In section 136O (compensation), in subsection (5)(a), after “section 136B” there is inserted “ or 136BA ”.

11

(1) Section 136R (interpretation) is amended as follows.

(2) In subsection (2), after “section 136B” there is inserted “ or 136BA ”.

(3) After subsection (14) there is inserted—

(15) In the application of this Part to England and Wales, references to specified pornography offences are to be ignored. (16) “Specified child sex offence” means an offence listed in section 136A(3A). (17) In the application of this Part to Northern Ireland, references to specified child sex offences and to section 136BA are to be ignored.

SCHEDULE 7

SCHEDULE 8

Interpretation

1

(1) In this Schedule “examining officer” means—

(a) a constable,

(b) a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971, or

(2) In this Schedule “travel document” means anything that is, or appears to be, a passport or other document which—

(a) has been issued by or for Her Majesty's Government, or the government of another state, and

(b) enables or facilitates travel from one state to another.

(3) For the purposes of this Schedule a travel document is “invalid” if—

(a) it has been cancelled,

(b) it has expired,

(d) it has undergone an unauthorised alteration.

(4) In this Schedule “port” means—

(a) an airport,

(b) a sea port,

(d) a heliport,

(e) a railway station where passenger trains depart for, or arrive from, places outside the United Kingdom, or

(f) any other place at which a person is able, or attempting, to get on or off any craft, vessel or vehicle in connection with entering or leaving Great Britain or Northern Ireland.

Powers of search and seizure etc: ports

2

(1) An examining officer may exercise any of the powers under this paragraph in the case of a person at a port whom the officer believes to be there in connection with—

(a) entering or leaving Great Britain or Northern Ireland, or

(b) travelling by air within Great Britain or within Northern Ireland.

(2) The powers are—

(a) to require the person to hand over all travel documents in his or her possession for inspection by the examining officer;

(b) to search for travel documents and to take possession of any that the officer finds;

(d) (subject to paragraph 4) to retain any travel document taken from the person that the examining officer believes to be invalid.

(3) The power under sub-paragraph (2)(b) is a power to search—

(a) the person;

(b) anything that the person has with him or her;

(4) An examining officer—

(a) may stop a person or vehicle for the purposes of exercising a power under this paragraph;

(b) may if necessary use reasonable force for the purpose of exercising a power under this paragraph;

Powers of search and seizure etc: constables

3

(1) An examining officer who is a constable or a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 may exercise any of the powers under this paragraph, at a place that is not a port, if the examining officer reasonably believes that a person is in possession of a cancelled UK passport or an invalid non-UK travel document.

(2) A passport is “a cancelled UK passport” if—

(a) the passport was issued by or for Her Majesty's Government, and

(b) the Secretary of State has cancelled the passport on the basis that the person to whom it was issued has or may have been, or will or may become, involved in activities so undesirable that it is contrary to the public interest for the person to have access to passport facilities, ...

(2A) An invalid travel document is “an invalid non-UK travel document” if it is, or appears to be, a passport or other document which has been issued by or for the government of a state other than the United Kingdom.

(3) The powers are—

(a) to require the person to hand over all travel documents in his or her possession for inspection by the examining officer;

(b) to search for travel documents and to take possession of any that the examining officer finds;

(d) (subject to paragraph 4) to retain any travel document taken from the person that the examining officer reasonably believes to be invalid.

(4) The power under sub-paragraph (3)(b) is a power to search—

(a) the person;

(b) anything that the person has with him or her;

(c) any vehicle in which the examining officer reasonably believes the person to have been travelling or to be about to travel;

(d) any premises on which the examining officer is lawfully present.

(5) An examining officer—

(a) may if necessary use reasonable force for the purpose of exercising a power under this paragraph;

(b) may authorise a person to carry out on the examining officer’s behalf a search under this paragraph.

Retention or return of documents seized

4

(1) If a travel document is retained under paragraph 2(2)(c), 3(3)(c) or 3A(2)(c) while its validity is checked, the checking must be carried out as soon as possible.

(2) If it is established that a travel document taken from a person under paragraph 2 or 3—

(a) is valid, or

(b) is invalid only because it has expired,

it must be returned to the person straight away.

(2A) If it is established that a travel document taken from any premises under paragraph 3A—

(a) is valid, or

(b) is invalid only because it has expired,

it must be returned to the person to whom it was issued straight away.

(3) A travel document taken from a person under paragraph 2 or 3 must be returned to the person before the end of the period of 7 days beginning with the day on which it was taken, unless during that period it is established that the document is invalid for some reason other than expiry.

(3A) A travel document taken from premises under paragraph 3A must be returned to the person to whom it was issued before the end of the period of 7 days beginning with the day on which it was taken, unless during that period it is established that the document is invalid for some reason other than expiry.

(4) A requirement under sub-paragraph (2)(b), (2A), (3) or (3A) to return an expired travel document does not apply where the officer concerned reasonably believes that the person from whom he or she took the document or (as the case may be) to whom it was issued, or some other person, intends to use it for purposes for which it is no longer valid.

(5) A requirement under sub-paragraph (2), (2A), (3) or (3A) to return a travel document has effect subject to any provision not in this Schedule under which the document may be lawfully retained.

Offences

5

(1) A person who is required under paragraph 2(2)(a) or 3(3)(a) to hand over all travel documents in the person's possession commits an offence if he or she fails without reasonable excuse to do so.

(2) A person who intentionally obstructs, or seeks to frustrate, a search under paragraph 2 or 3 the exercise of a power of search under paragraph 2, 3 or 3A, or the exercise of a power of entry under paragraph 3A, commits an offence.

(3) A person guilty of an offence under this paragraph is liable on summary conviction—

(a) to imprisonment for a term not exceeding 6 months, or

(b) to a fine, which in Scotland or Northern Ireland may not exceed £5,000,

or to both.

6

An examining officer, other than a constable, exercising a power under paragraph 2 2 or 3 has the same powers of arrest without warrant as a constable in relation to an offence under—

(a) paragraph 5, or

(b) section 4 or 6 of the Identity Documents Act 2010.

SCHEDULE 9

Examining officers

1

(1) Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2) In paragraph 1(1)(b), after “officer” there is inserted “ who is designated for the purpose of this Schedule by the Secretary of State ”.

(3) After paragraph 1 there is inserted—

(1A) (1) The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about— (a) training to be undertaken by constables, immigration officers and customs officers who are to act as examining officers or exercise other functions under this Schedule, and (b) the procedure for making designations under paragraph 1(1)(b) and (c). (2) In particular, the code must make provision for consultation with the relevant chief officer of police before designations are made under paragraph 1(1)(b) or (c). (3) “Relevant chief officer of police” means— (a) in England and Wales, the chief officer of police for the police area in which the persons designated would act as examining officers, (b) in Scotland, the Chief Constable of the Police Service of Scotland, and (c) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.

Time limits on examination without detention and on detention

2

(1) Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2) Paragraph 6(4) is repealed.

(3) After paragraph 6 there is inserted—

(6A) (1) This paragraph applies where a person is questioned under paragraph 2 or 3. (2) After the end of the 1 hour period, the person may not be questioned under either of those paragraphs unless the person is detained under paragraph 6. (3) If the person is detained under paragraph 6 the person must be released not later than the end of the 6 hour period (unless detained under another power). (4) In this paragraph— - “the 1 hour period” is the period of 1 hour beginning with the time the person is first questioned under paragraph 2 or 3; - “the 6 hour period” is the period of 6 hours beginning with that time.

Powers to search persons

3

In paragraph 8 of Schedule 7 to the Terrorism Act 2000, after sub-paragraph (3) there is inserted—

(4) An intimate search of a person may not be carried out under this paragraph. (5) A strip search of a person may not be carried out under this paragraph unless— (a) the person is detained under paragraph 6, (b) the examining officer has reasonable grounds to suspect that the person is concealing something which may be evidence that the person falls within section 40(1)(b), and (c) the search is authorised by a senior officer who has not been directly involved in questioning the person. (6) “Senior officer” means— (a) where the examining officer is a constable, a constable of a higher rank than the examining officer, (b) where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and (c) where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer. (7) In this paragraph— - “intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth; - “strip search” means a search which is not an intimate search but involves the removal of an article of clothing which— 1. is being worn wholly or partly on the trunk, and 2. is being so worn either next to the skin or next to an article of underwear.

Power to make and retain copies

4

In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is inserted—

(11A) (1) This paragraph applies where the examining officer is a constable. (2) The examining officer may copy anything which— (a) is given to the examining officer in accordance with paragraph 5, (b) is searched or found on a search under paragraph 8, or (c) is examined under paragraph 9. (3) The copy may be retained— (a) for so long as is necessary for the purpose of determining whether a person falls within section 40(1)(b), (b) while the examining officer believes that it may be needed for use as evidence in criminal proceedings, or (c) while the examining officer believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.

Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

5

(1) Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2) In paragraph 1(5) (definition of examining officer) for “paragraph” there is substituted “ Schedule ”.

(3) In paragraph 2(2)(d), the words “(within the meaning of that Schedule)” are omitted.

(4) In paragraph 6, for “police station”, in each place, there is substituted “ place ”.

(5) In paragraph 7(1) the words “at a police station” are omitted.

(6) After paragraph 7 there is inserted—

(7A) (1) This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor. (2) The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so). (3) Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters. (4) The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2). (5) The detained person is entitled to consult a solicitor in person. (6) Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters. (7) In that case the examining officer may require any consultation to take place in another way. (8) In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.

(7) In paragraph 8(1), for “an officer” there is substituted “ a police officer ”.

(8) In paragraph 9(2)(a) and (b)—

(a) the words “at a police station” are omitted;

(b) for “an officer” there is substituted “ a police officer ”.

(9) In paragraph 16—

(a) in sub-paragraphs (1) and (3), in each place, for “police station” there is substituted “ place ”;

(b) in sub-paragraph (6), after “detained” there is inserted “ as mentioned in sub-paragraph (1) ”.

(10) After paragraph 16 there is inserted—

(16A) (1) This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor. (2) The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so). (3) Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters. (4) The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2). (5) The detained person is entitled to consult a solicitor in person. (6) Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters. (7) In that case the examining officer may require any consultation to take place in another way. (8) In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.

(11) In paragraph 17(1)—

(a) for “An officer” there is substituted “ A police officer ”;

(b) after “uniformed” there is inserted “ police ”.

(12) In paragraph 18—

(a) in sub-paragraph (1), for “and” there is substituted “ to ”;

(b) in sub-paragraph (2), for “police station” there is substituted “ place ”;

(3) In relation to a person detained under Schedule 7 at a place other than a police station— (a) sub-paragraph (2), and (b) section 15(4) of the Criminal Procedure (Scotland) Act 1995 as applied by that sub-paragraph, apply as if references to a constable included an examining officer.

Biometrics

6

(1) Paragraph 10 of Schedule 8 to the Terrorism Act 2000 is amended as follows.

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