Police, Crime, Sentencing and Courts Act 2022

(136ZE) (1) This section applies where a relevant order has been made in respect of a person who now— (a) is residing in Scotland, or (b) is in or is intending to come to Scotland. (2) In this section “relevant order” means— (a) a sexual harm prevention order, (b) a sexual offences prevention order, or (c) a foreign travel order. (3) An application may be made to the appropriate sheriff in Scotland— (a) by the defendant, or (b) by the chief constable, for an order varying, renewing or discharging the relevant order. (4) Subject to subsections (5) to (12), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate. (5) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in Scotland, and (b) whether— (i) in the case of a sexual harm prevention order, the defendant is likely to return to, or to visit, England and Wales, or (ii) in the case of a sexual offences prevention order or foreign travel order, the defendant is likely to return to, or to visit, Northern Ireland. (6) A sexual harm prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of— (a) protecting the public in Scotland, or any particular members of the public in Scotland, 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) A sexual harm prevention order as renewed or varied under this section may contain only such prohibitions and requirements 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. (8) A sexual offences prevention order may be renewed, or varied under this section 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 in Scotland, or any particular members of the public in Scotland, from serious sexual harm from the defendant. (9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant. (10) A foreign travel order may be renewed, or varied under this section 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. (11) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (10). (12) The court must not discharge a sexual harm prevention order or a sexual offences prevention order before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the chief constable. (13) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18). (14) In this section— - “the appropriate sheriff” means—in any case, a sheriff in whose sheriffdom the defendant resides, orin a case where the application is made by the chief constable—a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, ora sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come; - “the chief constable” means the chief constable of the Police Service of Scotland; - “child” means a person under 18; - “serious sexual harm”, in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3; - “serious sexual harm”, in relation to the renewal or variation of a foreign travel order, means 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; - “sexual harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual harm prevention order, have the meanings given by section 103B(1). (136ZF) (1) This section applies where a relevant order has been made in respect of a person who now— (a) is residing in Scotland, or (b) is in or is intending to come to Scotland. (2) In this section “relevant order” means— (a) a sexual risk order, or (b) a risk of sexual harm order. (3) An application may be made to the appropriate sheriff in Scotland— (a) by the defendant, or (b) by the chief constable, for an order varying, renewing or discharging the relevant order. (4) Subject to subsections (5) to (10), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate. (5) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in Scotland, and (b) whether— (i) in the case of a sexual risk order, the defendant is likely to return to, or to visit, England and Wales, or (ii) in the case of a risk of sexual harm order, the defendant is likely to return to, or to visit, Northern Ireland. (6) A sexual risk order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of— (a) protecting the public in Scotland, or any particular members of the public in Scotland, 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) A sexual risk order as renewed or varied under this section may contain only such prohibitions and requirements 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. (8) A risk of sexual harm order may be renewed, or varied under this section 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 physical or psychological harm from the defendant doing acts within section 123(3). (9) A risk of sexual harm order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (8). (10) The court must not discharge a relevant 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. (11) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18). (12) In this section— - “the appropriate sheriff” means—in any case, a sheriff in whose sheriffdom the defendant resides, orin a case where the application is made by the chief constable—a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, ora sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come; - “the chief constable” means the chief constable of the Police Service of Scotland; - “child”—in relation to the renewal or variation of a sexual risk order, means a person under 18;in relation to the renewal or variation of a risk of sexual harm order, means a person under 16; - “harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual risk order, have the meanings given by section 122B(1).

Amendments of the Sentencing Code

5

After section 351 of the Sentencing Code insert—

(351A) (1) This section applies where a sexual harm prevention order has been made in respect of an offender who— (a) is residing in Scotland, or (b) is in or intends to come to Scotland. (2) An application may be made to the appropriate sheriff in Scotland— (a) by the offender, or (b) by the chief constable, for an order varying, renewing or discharging the sexual harm prevention order. (3) Subsection (4) applies where an application under subsection (2) is made. (4) After hearing— (a) the person making the application, and (b) the other person mentioned in subsection (2) (if that person wishes to be heard), the sheriff may make any order varying, renewing or discharging the sexual harm prevention order that the sheriff considers appropriate. This is subject to subsections (5) to (8). (5) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in Scotland, and (b) whether the defendant is likely to return to, or to visit, England and Wales. (6) An order may be renewed, or varied so as to impose additional prohibitions or requirements on the offender, only if it is necessary to do so for the purpose of— (a) protecting the public in Scotland, or any particular members of the public in Scotland, from sexual harm from the offender, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom. (7) An order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of— (a) protecting the public or any particular members of the public from sexual harm from the offender, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom. (8) The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made without the consent of the defendant and the chief constable. (9) The offender may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18). (10) In this section— - “the appropriate sheriff” means—in any case, a sheriff in whose sheriffdom the offender resides, orin a case where the application is made by the chief constable—a sheriff in whose sheriffdom the offender is believed by the chief constable to be, ora sheriff to whose sheriffdom the offender is believed by the chief constable to be intending to come; - “the chief constable” means the chief constable of the Police Service of Scotland.

PART 3 — Variation of order by court in England and Wales

6

After section 136ZF of the Sexual Offences Act 2003 (inserted by paragraph 4) insert—

(136ZG) (1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now— (a) is residing in England and Wales, or (b) is in or is intending to come to England and Wales. (2) In this section “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 (asp 22). (3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order. (4) Those 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. (5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering— (a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose. (6) Subject to subsections (7) to (14), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate. (7) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in England and Wales, and (b) whether the defendant is likely to return to, or to visit, Scotland. (8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of— (a) protecting the public in England and Wales, or any particular members of the public in England and Wales, 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. (9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements 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. (10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose. (11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order. (12) Section 103FA (electronic monitoring requirements) applies in relation to— (a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual harm prevention order, subject to subsection (13). (13) In its application to the variation or renewal of a relevant Scottish order, section 103FA has effect as if— (a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision, (b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and (c) the reference in subsection (9) to section 103E were to this section. (14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer 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. (15) In this section— - “adult magistrates’ court” means a magistrates’ court that is not a youth court; - “the appropriate court” means—where 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;where the defendant is under the age of 18, 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; - “child” means a person under 18; - “prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 17 and 25 of that Act); - “sexual harm” and “vulnerable adult” have the same meanings as in Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 10 and 25 of that Act). (136ZH) (1) This section applies where a relevant order has been made in respect of a person who now— (a) is residing in England and Wales, or (b) is in or is intending to come to England and Wales. (2) In this section “relevant order” means— (a) a sexual offences prevention order, or (b) a foreign travel order. (3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order. (4) Those 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. (5) If— (a) this section applies in relation to a person because that person is subject to a foreign travel order, and (b) a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering whether to apply for an order varying or renewing the foreign travel order. (6) Subject to subsections (7) to (16), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant order that the court considers appropriate. (7) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in England and Wales, and (b) whether the defendant is likely to return to, or to visit, Northern Ireland. (8) A sexual offences prevention order may be renewed, or varied under this section 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 in England and Wales, or any particular members of the public in England and Wales, from serious sexual harm from the defendant. (9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant. (10) A sexual offences prevention order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order. (11) Section 103FA (electronic monitoring requirements) applies in relation to— (a) the variation under this section of a sexual offences prevention order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual harm prevention order, subject to subsection (12). (12) In its application to the variation or renewal of a sexual offences prevention order, section 103FA has effect as if— (a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision, (b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and (c) the reference in subsection (9) to section 103E were to this section. (13) The court must not discharge a sexual offences prevention 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 under this section 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. (14) A foreign travel order may be renewed, or varied under this section 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. (15) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (14). (16) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering whether to renew or vary a foreign travel order under this section. (17) In this section— - “adult magistrates’ court” means a magistrates’ court that is not a youth court; - “the appropriate court” means—where 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;where the defendant is under the age of 18, 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; - “child” means a person under 18; - “serious sexual harm”—in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3;in relation to the renewal or variation of a foreign travel order, means 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. (136ZI) (1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now— (a) is residing in England and Wales, or (b) is in or is intending to come to England and Wales. (2) In this section “relevant Scottish order” means a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22). (3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant Scottish order. (4) Those 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. (5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering— (a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose. (6) Subject to subsections (7) to (14), 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 (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate. (7) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in England and Wales, and (b) whether the defendant is likely to return to, or to visit, Scotland. (8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of— (a) protecting the public in England and Wales, or any particular members of the public in England and Wales, 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. (9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements 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. (10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose. (11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order. (12) Section 122EA (electronic monitoring requirements) applies in relation to— (a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual risk order, subject to subsection (13). (13) In its application to the variation or renewal of a relevant Scottish order, section 122EA has effect as if— (a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision, (b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and (c) the reference in subsection (9) to section 122D were to this section. (14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer 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. (15) In this section— - “adult magistrates’ court” means a magistrates’ court that is not a youth court; - “the appropriate court” means—where 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;where the defendant is under the age of 18, 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; - “child” means a person under 18; - “harm” and “vulnerable adult” have the same meanings as in Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 26 and 36 of that Act); - “prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 29 and 36 of that Act). (136ZJ) (1) This section applies where a risk of sexual harm order has been made in respect of a person who now— (a) is residing in England and Wales, or (b) is in or is intending to come to England and Wales. (2) A person within subsection (3) may by complaint to the appropriate court apply for an order varying, renewing or discharging the order. (3) Those 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. (4) Subject to subsections (5) to (10), 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 (3), may make any order varying, renewing or discharging the risk of sexual harm order that the court considers appropriate. (5) A risk of sexual harm order may be renewed, or varied under this section so as to impose— (a) additional prohibitions on the defendant, or (b) requirements of the kind mentioned in subsection (7) on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3). (6) A risk of sexual harm order as renewed or varied under this section may contain only— (a) such prohibitions as are necessary for the purpose mentioned in subsection (5), and (b) such requirements of the kind mentioned in subsection (7) as are necessary for that purpose. (7) A risk of sexual harm order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order. (8) Section 122EA (electronic monitoring requirements) applies in relation to— (a) the variation under this section of a risk of sexual harm order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual harm prevention order, subject to subsection (9). (9) In its application to the variation or renewal of a risk of sexual harm order, section 122EA has effect as if— (a) subsection (4)(b)(i) were omitted, (b) the reference in subsection (4)(b) to a case where it is proposed to include in the order a provision mentioned in sub-paragraph (ii) included a case where the order already includes such a provision, (c) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and (d) the reference in subsection (9) to section 122D were to this section. (10) The court must not discharge a risk of sexual harm 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 under this section 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. (11) In this section— - “adult magistrates’ court” means a magistrates’ court that is not a youth court; - “the appropriate court” means—where 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;where the defendant is under the age of 18, 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; - “child” means a person under 16.

SCHEDULE 19

Police and Criminal Evidence Act 1984 (c. 60)

1

• (1) The Police and Criminal Evidence Act 1984 is amended as follows.

• (2) In section 51(b), after “section 41” insert “or 43B”.

• (3) In section 65(1), in the definition of “the terrorism provisions”, for “section 41” substitute “sections 41 and 43B”.

• (4) In section 118(2)(a), after “section 41” insert “or 43B”.

Criminal Justice and Police Act 2001 (c. 16)

2

• (1) Schedule 1 to the Criminal Justice and Police Act 2001 is amended as follows.

• (2) In Part 1, after paragraph 69B insert—

(69C) The power of seizure conferred by section 43E(2) of the Terrorism Act 2000 (seizure on the occasion of a search necessary for purposes connected with protecting members of the public from a risk of terrorism).

• (3) In Part 2, after paragraph 82A insert—

(82B) The power of seizure conferred by section 43E(2) of the Terrorism Act 2000 (seizure on the occasion of a search necessary for purposes connected with protecting members of the public from a risk of terrorism).

Counter-Terrorism Act 2008 (c. 28)

3

In section 1(1) of the Counter-Terrorism Act 2008, after paragraph (bb) insert—

(bc) section 43C(1) of that Act (search of terrorist offender released on licence); (bd) section 43C(5) of that Act (search of vehicle in connection with search of terrorist offender released on licence); (be) section 43D of that Act (search of premises of offender released on licence for purposes connected with protection from risk of terrorism);

.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

4

• (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.

• (2) In Article 2—

• (a) in paragraph (2), in the definition of “the terrorism provisions”, for “section 41” substitute “sections 41 and 43B”;

• (b) in paragraph (3)(a), after “section 41” insert “or 43B”.

• (3) In Article 51(b), after “section 41” insert “or 43B”.

Criminal Justice (Scotland) Act 2016 (asp 1)

5

In section 59 of the Criminal Justice (Scotland) Act 2016—

• (a) in the heading, for “terrorism offences” substitute “cases involving terrorism”;

• (b) in subsection (1), after “41(1)” insert “or 43B(1)”.

SCHEDULE 20

Criminal Justice Act 2003

1

• (1) The Criminal Justice Act 2003 is amended as follows.

• (2) For section 52 substitute—

(52) (1) The power conferred by section 51 includes power to give— (a) a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings; (b) a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence); (c) a direction requiring or permitting a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link. (2) The court may vary or rescind a direction under section 51 at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court’s power to give a further direction under that section in relation to the proceedings). (3) A direction under section 51 may not be rescinded unless— (a) the court is satisfied that it is in the interests of justice for the direction to be rescinded, (b) the parties to the proceedings have been given the opportunity to make representations, and (c) if so required by subsection (9), the relevant youth offending team has been given the opportunity to make representations. (4) In relation to the variation of a direction given under section 51— (a) so far as the effect of the variation would be to allow a person to take part in eligible criminal proceedings through a live audio link or a live video link, or to alter (without removing) a person’s ability to do so, sections 51(4) and 53(1) to (3) apply as they apply to the giving of a direction; (b) so far as the effect of the variation would be to remove a person’s ability to take part in eligible criminal proceedings through a live audio link or a live video link, subsection (3) applies as it applies to the rescission of a direction. (5) Section 51(5) and (6) applies in relation to the variation or rescission of a direction given under section 51 as it applies to the giving of a direction under that section. (6) A direction under section 51 may be given, varied or rescinded— (a) on an application by a party to the proceedings, or (b) of the court’s own motion. But a party may not apply for a variation or rescission unless there has been a material change of circumstances since the direction was given or last varied. (7) The court must state in open court its reasons for refusing an application for the giving, variation or rescission of a direction under section 51 and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings. (8) If a hearing takes place in relation to the giving, variation or rescission of a direction under section 51, the court may require or permit a person to take part in that hearing through— (a) a live audio link, or (b) a live video link. (9) The requirement referred to in section 51(4)(c) and subsection (3)(c) arises in a case where— (a) the defendant is a party to the proceedings, and (b) either— (i) the defendant has not attained the age of 18 years, or (ii) the defendant has attained the age of 18 years but the court is dealing with the case as if the defendant had not attained that age. (52A) (1) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings. (2) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings. (3) If eligible criminal proceedings are conducted with one or more persons taking part in accordance with a direction under section 51, the proceedings are to be regarded as taking place— (a) if at least one member of the court is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), (b) if no member of the court, but at least one other person, is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), or (c) if no person is taking part in the proceedings while in a courtroom, at such place as the court directs (being a place where the court could lawfully sit for the purposes of those proceedings). (4) In subsection (3), “courtroom” includes any place where proceedings of the sort in question might ordinarily be held (if no person were taking part in the proceedings in accordance with a direction under section 51). (5) A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

• (3) In section 53—

• (a) for the heading substitute “Further provision about live links in magistrates’ courts”;

• (b) in subsection (1)—

• (i) in the words before paragraph (a), for “This section applies” substitute “Subsections (2) and (3) apply”;

• (ii) in paragraph (a), for “for evidence to be given through a live link in proceedings before the court” substitute “requiring or permitting a person to take part in proceedings before the court through a live audio link or a live video link”;

• (iii) in paragraph (b), for “receiving such evidence” substitute “such participation”;

• (c) after subsection (3) insert—

(4) The following functions of a magistrates’ court may be discharged by a single justice— (a) giving a direction under section 51 or varying such a direction under section 52(2); (b) rescinding under section 52(2) a direction given under section 51 before the eligible criminal proceedings concerned begin; (c) requiring or permitting, under section 52(8), a person to take part by live audio link or live video link in a hearing about a matter within paragraph (a) or (b).

• (4) In section 54(1), for “a live link” substitute “a live audio link or a live video link by a witness (including the defendant)”.

• (5) In section 55—

• (a) in subsection (2)—

• (i) in paragraph (a), for “51 or 52” substitute “52(6)”;

• (ii) in paragraph (b), for “live links” substitute “live audio links and live video links”;

• (b) in subsection (3)—

• (i) in paragraph (a), omit “uncontested”;

• (ii) in paragraph (b), for “51” substitute “52(6)”;

• (iii) in paragraph (c), for “51 or 52” substitute “52(6)”.

• (6) In section 56—

• (a) in subsection (1)—

• (i) omit the definition of “legal representative”;

• (ii) before the definition of “local justice area” insert—

• “bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
• “defendant” includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned,
• “eligible criminal proceedings” has the meaning given in section 51(3),
• “enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, ora financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable),
• “live audio link”, in relation to a person (P) taking part in proceedings, means a live telephone link or other arrangement which—enables P to hear all other persons taking part in the proceedings who are not in the same location as P, andenables all other persons taking part in the proceedings who are not in the same location as P to hear P,
• “live video link”, in relation to a person (P) taking part in proceedings, means a live television link or other arrangement which—enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, andenables all other persons taking part in the proceedings who are not in the same location as P to see and hear P,

;

• (iii) after the definition of “local justice area” insert—

• “preliminary hearing” means a hearing in proceedings for an offence held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the Prosecution of Offences Act 1985), including, in the case of proceedings in the Crown Court, a preparatory hearing held under—section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud), orsection 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases),
• “relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned,
• “sentencing hearing” means any hearing following conviction for an offence which is held for the purpose of—proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing,sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), ordetermining—how the offender has complied with a sentence given in respect of the offence, orhow the offender should be dealt with in respect of compliance with such a sentence,and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence,

;

• (b) after subsection (1) insert—

(1A) In this Part, reference to taking part in proceedings means taking part in whatever capacity, including hearing the proceedings as a member of the court. (1B) In the application of this Part in relation to a witness, a reference to taking part in proceedings includes attending those proceedings for a purpose preliminary or incidental to the giving of evidence.

;

• (c) omit subsections (2) and (3);

• (d) for subsection (4) substitute—

(4) The following matters are to be disregarded for the purposes of the definitions of “live audio link” and “live video link” in subsection (1)— (a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing; (b) the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings.

Extradition Act 2003

2

• (1) The Extradition Act 2003 is amended as follows.

• (2) In section 206A—

• (a) in the heading, omit “certain”;

• (b) in subsection (1)—

• (i) in paragraph (a), omit the words from “other” to “56,”;

• (ii) in paragraph (b), omit the words from “, other” to the end;

• (c) in subsection (2)—

• (i) for the words from “the person” to “during the hearing,” substitute “it is in the interests of justice to do so,”;

• (ii) omit “at any time before the hearing”;

• (d) for subsection (3) substitute—

(3) A live link direction is a direction requiring a person to take part in the hearing (in whatever capacity) through a live link.

;

• (e) omit subsection (5);

• (f) for subsection (6) substitute—

(6) A person who takes part in the hearing through a live link is to be treated as present in court for the purposes of the hearing.

• (3) In section 206C—

• (a) omit subsections (4) and (5);

• (b) in subsection (6)—

• (i) in the opening words, for “, while absent from the place where the hearing is being held,” substitute “(P)”;

• (ii) in paragraph (a), for the words from “the appropriate” to the end substitute “all other persons taking part in the hearing who are not in the same location as P, and”;

• (iii) in paragraph (b), for the words from “the judge” to the end substitute “all other persons taking part in the hearing who are not in the same location as P.”;

• (iv) omit the words after paragraph (b);

• (c) after subsection (6) insert—

(7) For the purposes of subsection (6) the following matters are to be disregarded— (a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing; (b) the effect of any direction or order which provides for one person taking part in a hearing to be prevented by means of a screen or other arrangement from seeing another person taking part in the hearing.

Consequential amendments of other enactments

3

• (1) The Criminal Appeal Act 1968 is amended as follows.

• (2) In section 22, omit subsections (4) to (6).

• (3) In section 23, omit subsection (5).

• (4) In section 31—

• (a) in subsection (1), after paragraph (a) insert—

(aza) the powers under sections 51 and 52 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings;

;

• (b) in subsection (2), omit paragraph (ca).

• (5) In section 31A—

• (a) in the heading, omit “under Part 1”;

• (b) in subsection (2), omit paragraph (aa);

• (c) after subsection (2) insert—

(2A) The registrar may exercise the powers under sections 51 and 52 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings.

;

• (d) in subsection (4), after “subsection (2)” insert “or (2A)”.

4

• (1) The Police and Criminal Evidence Act 1984 is amended as follows.

• (2) In section 46ZA(3)—

• (a) in paragraph (b)—

• (i) for the words from “proceedings” to “person” substitute “the proceedings referred to in section 47(3)(b)(i)”;

• (ii) for “that section” substitute “those proceedings”;

• (b) in paragraph (d), for “such a direction” substitute “a direction of the sort referred to in section 47(3)(b)(ii)”.

• (3) In section 46A(1ZA)(b), for the word from “proceedings” to the end substitute “the proceedings referred to in sub-paragraph (i) of that provision”.

• (4) In section 47(3)(b), for sub-paragraphs (i) and (ii) substitute—

(i) proceedings held for the purposes of section 51 of the Criminal Justice Act 2003 (directions for live links in criminal proceedings) so far as that section applies to preliminary hearings (within the meaning of that section), and (ii) any such hearing in relation to which a direction under that section is given requiring or permitting the person on bail to take part through a live audio link or a live video link (within the meaning of that section);

.

5

In section 32 of the Criminal Justice Act 1988—

• (a) in the heading, at the end insert “when witness abroad: service courts”;

• (b) before subsection (1) insert—

(A1) This section applies only so far as provided by an order under paragraph 8 of Schedule 13.

6

• (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

• (2) In Part 2, in the heading of Chapter 1A, at the end insert “: service courts”.

• (3) In section 33A (use of live links for evidence of the accused), in subsection (1), for the words from “any” to the end substitute “proceedings in a service court against a person for an offence, if and so far as provided by an order under section 61(1).”

7

• (1) In section 29 of the Crime (International Co-operation) Act 2003—

• (a) in the heading, for “television” substitute “video or audio”;

• (b) in subsection (1), for the words from “section 32(1A)” to “apply” substitute “section 51 of the Criminal Justice Act 2003 (live links in criminal proceedings) to apply in relation to witnesses who are outside the United Kingdom”.

• (2) The Evidence Through Television Links (England and Wales) Order 2013 (S.I. 2013/1598) is revoked.

8

In the Sentencing Code, omit section 391.

9

In section 26 of the Domestic Abuse Act 2021 (breach of domestic abuse protection notice), for subsection (8) substitute—

(8) The requirement in subsection (2) to bring a person before the court is satisfied if the person appears before the court through a live video link or live audio link (within the meaning given by section 56 of the Criminal Justice Act 2003).

SCHEDULE 21

PART 1 — Amendments to the Sentencing Act 2020

1

The Sentencing Act 2020 is amended as follows.

2

In section 108(4), for “Part” substitute “Chapter”.

3

In the table in section 122(1) (standard scale of fines for summary offences)—

• (a) in the heading of the second column, for “1 October 1992” substitute “1 May 1984”;

• (b) between the second and third columns, insert—

Offence committed on or after 1 May 1984 and before 1 October 1992
£50
£100
£400
£1,000
£2,000

4

In section 166(7), for “paragraph” substitute “entry”.

5

In section 293(2)(d), for “(“a progress report”) substitute “(a “progress report”)”.

6

In section 414(6), in each of paragraphs (a) and (b), for “by the Armed Forces Act 2006” substitute “by or under the Armed Forces Act 2006”.

7

• (1) Schedule 5 is amended as follows.

• (2) In paragraph 7(2)(b), after “before a youth court” insert “or, if the offender is aged 18 or over, a magistrates’ court other than a youth court.”

• (3) In paragraph 9—

• (a) in sub-paragraph (1), after “a youth court” insert “or other magistrates’ court”;

• (b) in sub-paragraph (6), for “youth court” substitute “magistrates’ court”.

8

In Schedule 16, in paragraph 11(4)(b), for first “by” substitute “be”.

9

In Schedule 21, in paragraph 4(1)—

• (a) omit the word “and” at the end of paragraph (b);

• (b) at the end of paragraph (c) insert “and”.

10

• (1) Schedule 22 is amended as follows.

• (2) In paragraph 27—

• (a) in sub-paragraph (1)(b), in the inserted paragraph (aa), after “Schedule 22” insert “to the Sentencing Act 2020”.

• (b) in sub-paragraph (3), after “Schedule 22” insert “to the Sentencing Act 2020”.

• (3) In paragraph 34, in the opening words, for “omit” substitute “in”.

• (4) In paragraph 43—

• (a) the words from “, in subsection (2)” to the end become sub-paragraph (a);

• (b) after that sub-paragraph insert—

(b) in subsection (3), at the beginning insert “If the offender was aged 21 or over when convicted,

.

11

In Schedule 24, omit paragraph 154(f).

PART 2 — Amendments to other enactments

Criminal Justice Act 2003 (c. 44)

12

In section 237(1B) of the Criminal Justice Act 2003, after paragraph (a) insert—

(aa) references to a sentence of detention under section 262 of the Sentencing Code include a sentence of detention in a young offender institution under section 210B of the Armed Forces Act 2006;

.

Counter-Terrorism and Sentencing Act 2021 (c. 11)

13

In Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, omit paragraph 44.

Police covenant report

Duties to collaborate and plan to prevent and reduce serious violence

Powers to collaborate and plan to prevent and reduce serious violence

Power to authorise collaboration etc. with other persons

Specified authorities and local government areas

Educational, prison and youth custody authorities

Preventing and reducing serious violence

Involvement of local policing bodies

Involvement of educational, prison and youth custody authorities

Disclosure of information

Supply of information to local policing bodies

Directions

Guidance

Amendments to the Crime and Disorder Act 1998

Amendment to the Police and Justice Act 2006

Regulations

Index of defined expressions

Duty to arrange a review

Relevant review partners

Commencement

Conduct of review

Information

Information: supplementary

Delegating functions

Guidance

Power to pay grant: local health boards

Piloting

Regulations

Interpretation

Extraction of information from electronic devices: investigations of crime etc

Application of section 37 to children and adults without capacity

Requirements for voluntary provision and agreement

Application of section 37 where user has died etc

Extraction of information from electronic devices: investigations of death

Code of practice about the extraction of information

Confidential information

Authorised persons

Pre-charge bail

Arranging or facilitating commission of a child sex offence

Time limit for prosecution of common assault or battery in domestic abuse cases

Criminal damage to memorials: mode of trial

Overseas production orders

Power to photograph certain persons at a police station

Entry and search of premises for human remains or material relating to human remains

Functions of prisoner custody officers in relation to live link hearings

Proceeds of crime: account freezing orders

Code of practice relating to non-criminal hate incidents

Increase in penalty for offences related to game etc

Administering a substance with intent to cause harm

Response to Law Commission report on hate crime laws

Imposing conditions on public processions

Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties

Courses offered as alternative to prosecution: fees etc

Charges for removal, storage and disposal of vehicles

Production of licence to the court

Power to issue fixed penalty notices on-the-spot in Scotland

Diversionary and community cautions

Temporary release from secure children’s homes

Secure 16 to 19 Academies

Serious violence reduction orders

Rehabilitation of offenders

Disregard of certain convictions or cautions

Pardons for certain convictions or cautions

British Sign Language interpreters for deaf jurors

Continuation of criminal trial on death or discharge of a juror

Remote observation and recording of court and tribunal proceedings

Expansion of use of video and audio links in criminal proceedings

Financial provision

Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

Extent

Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

Extent

Commencement

Short title

Amendments to the Police and Criminal Evidence Act 1984 (c. 60)

Editorial notes