Police, Crime, Sentencing and Courts Act 2022

(342A) (1) This section applies where— (a) a person aged 18 or over (“the offender”) is convicted of an offence which was committed on or after the first appointed day, and (b) the prosecution makes an application to the court for a serious violence reduction order to be made in respect of the offender. (2) Subject to subsection (6), the court may make a serious violence reduction order in respect of the offender if— (a) the condition in subsection (3) or (4) is met, and (b) the condition in subsection (5) is met. (3) The condition in this subsection is that the court is satisfied on the balance of probabilities that— (a) a bladed article or offensive weapon was used by the offender in the commission of the offence, or (b) the offender had a bladed article or offensive weapon with them when the offence was committed. (4) The condition in this subsection is that the court is satisfied on the balance of probabilities that— (a) a bladed article or offensive weapon was used by another person in the commission of the offence and the offender knew or ought to have known that this would be the case, or (b) another person who committed the offence had a bladed article or offensive weapon with them when the offence was committed and the offender knew or ought to have known that this would be the case. (5) The condition in this subsection is that the court considers it necessary to make a serious violence reduction order in respect of the offender to— (a) protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon, (b) protect any particular members of the public in England and Wales (including the offender) from such risk, or (c) prevent the offender from committing an offence involving a bladed article or offensive weapon. (6) The court may make a serious violence reduction order in respect of the offender only if it— (a) does so in addition to dealing with the offender for the offence, and (b) does not make an order for absolute discharge under section 79 in respect of the offence. (7) For the purpose of deciding whether to make a serious violence reduction order the court may consider evidence led by the prosecution and evidence led by the offender. (8) It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted. (9) The court may adjourn any proceedings on an application for a serious violence reduction order even after sentencing the offender. (10) If the offender does not appear for any adjourned proceedings the court may— (a) further adjourn the proceedings, (b) issue a warrant for the offender’s arrest, or (c) hear the proceedings in the offender’s absence. (11) The court may not act under subsection (10)(b) unless it is satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings. (12) The court may not act under subsection (10)(c) unless it is satisfied that the offender— (a) has had adequate notice of the time and place of the adjourned proceedings, and (b) has been informed that if the offender does not appear for those proceedings the court may hear the proceedings in the offender’s absence. (13) On making a serious violence reduction order the court must in ordinary language explain to the offender— (a) the effects of the order, and (b) the powers that a constable has in respect of the offender under section 342E while the order is in effect. (14) In subsection (1)(a) “the first appointed day” means the first day appointed by regulations under section 208(1) of the Police, Crime, Sentencing and Courts Act 2022 for the coming into force to any extent of section 165 of that Act. (15) In subsection (4) the references to the offence include references to any offence arising out of the same facts as the offence. (342B) (1) In this Chapter, “serious violence reduction order” means an order made in respect of an offender that imposes on the offender— (a) the requirements specified in subsections (2) and (4), and (b) the requirements and prohibitions, if any, specified in regulations made by the Secretary of State for the purposes of this section. (2) The offender must be required to notify the information in subsection (3) to the police within the period of 3 days beginning with the day on which the order takes effect. (3) That information is— (a) the offender’s name on the day that the notification is given and, where the offender uses one or more other names on that day, each of those names, (b) the offender’s home address on that day, and (c) the address of any other premises at which, on that day, the offender regularly resides or stays. (4) The offender must be required to notify the information mentioned in subsection (5) to the police within the period of 3 days beginning with the day on which the offender— (a) uses a name which has not been previously notified to the police in accordance with the order, (b) changes their home address, or (c) decides to live for a period of one month or more at any premises the address of which has not been previously notified to the police in accordance with the order. (5) That information is— (a) in a case within subsection (4)(a), the name which has not previously been notified, (b) in a case within subsection (4)(b), the new home address, and (c) in a case within subsection (4)(c), the address of the premises at which the offender has decided to live. (6) A serious violence reduction order must provide that the offender gives a notification of the kind mentioned in subsection (2) or (4) by— (a) attending at a police station in a police area in which the offender lives, and (b) giving an oral notification to a police officer, or to any person authorised for the purpose by the officer in charge of the station. (7) The Secretary of State may make regulations under subsection (1)(b) only if— (a) the Secretary of State has laid a report before Parliament under section 166(3) of the Police, Crime, Sentencing and Courts Act 2022 (report to be laid after piloting of serious violence reduction orders), and (b) the Secretary of State considers that it is appropriate to make the regulations for the purpose of assisting constables to exercise the powers conferred by section 342E. (8) Regulations under subsection (1)(b) are subject to the affirmative resolution procedure. (9) In this section, “home address”, in relation to the offender, means— (a) the address of the offender’s sole or main residence, or (b) if the offender has no such residence, the address or location of a place where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select. (342C) (1) A serious violence reduction order may impose on the offender any requirement or prohibition specified in regulations made by the Secretary of State for the purposes of this section if the condition in subsection (2) is met. (2) The condition in this subsection is that the court considers it appropriate for the order to impose the requirement or prohibition on the offender for the purpose of assisting constables to exercise the powers conferred by section 342E in respect of the offender. (3) Regulations under this section may be made only after the Secretary of State has laid a report before Parliament under section 166(3) of the Police, Crime, Sentencing and Courts Act 2022 (report to be laid after piloting of serious violence reduction orders). (4) Regulations under this section are subject to the affirmative resolution procedure. (342D) (1) A serious violence reduction order takes effect on the day it is made, subject to subsections (3) and (4). (2) A serious violence reduction order must specify the period for which it has effect, which must be a fixed period of not less than 6 months and not more than 2 years. (3) Subsection (4) applies in relation to a serious violence reduction order if— (a) the offender has been remanded in or committed to custody by an order of a court, or (b) a custodial sentence has been imposed on the offender or the offender is serving or otherwise subject to a such a sentence. (4) The order may provide that it does not take effect until the offender is released from custody or ceases to be subject to a custodial sentence. (5) Where a court makes a serious violence reduction order and the offender is already subject to such an order, the earlier order ceases to have effect. (342E) (1) This section applies where a serious violence reduction order is in effect. (2) A constable may search the offender for the purpose of ascertaining whether the offender has a bladed article or an offensive weapon with them. (3) A constable may detain the offender for the purpose of carrying out the search. (4) A constable may seize anything that the constable finds in the course of the search if the constable reasonably suspects it to be a bladed article or an offensive weapon. (5) The powers in this section may be exercised only while the offender is in a public place. (6) A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred by this section. (7) The powers conferred on a constable by this section are additional to powers which the constable has at common law or by virtue of any other enactment and does not affect those powers. (342F) (1) Any thing seized by a constable under section 342E may be retained in accordance with regulations made by the Secretary of State under this section. (2) The Secretary of State may by regulations make provision— (a) regulating the retention and safekeeping of things seized by a constable under section 342E, and (b) regulating the disposal and destruction of such things in such circumstances as the regulations may prescribed. (3) Regulations under this section are subject to the negative resolution procedure. (342G) (1) Where a serious violence reduction order is in effect, the offender commits an offence if the offender— (a) fails without reasonable excuse to do anything the offender is required to do by the order, (b) without reasonable excuse does anything the offender is prohibited from doing by the order, (c) notifies to the police, in purported compliance with the order, any information which the offender knows to be false, (d) tells a constable that they are not subject to a serious violence reduction order, or (e) intentionally obstructs a constable in the exercise of any power conferred by section 342E. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both. (3) In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (2)(a) to 12 months is to be read as a reference to 6 months. (4) If a person is convicted of an offence under this section, an order for conditional discharge under section 80 is not available to the court by or before which the person is convicted. (342H) (1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a serious violence reduction order. (2) Those persons are— (a) the offender; (b) the chief officer of police for the police area in which the offender lives; (c) the chief officer of police for the police area in which the offender committed the offence on the basis of which the order was made; (d) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area; (e) where the offence on the basis of which the order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force. (3) Paragraph (e) of subsection (2) applies to an offence which— (a) was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or (b) otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section. (4) An application under this section must be made in accordance with rules of court. (5) Before making a decision on an application under this section, the court must hear— (a) the person making the application, and (b) any other person within subsection (2) who wishes to be heard. (6) Subject to subsection (7), on an application under this section the court may make such order varying, renewing or discharging the serious violence reduction order as it thinks appropriate. (7) The court may renew a serious violence reduction order, or vary such an order so as to lengthen its duration, only if it considers that to do so is necessary— (a) to protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon, (b) to protect any particular members of the public in England and Wales (including the offender) from such risk, or (c) to prevent the offender from committing an offence involving a bladed article or offensive weapon. (8) On making an order under this section varying or renewing a serious violence reduction order, the court must in ordinary language explain to the offender— (a) the effects of the serious violence reduction order (as varied or renewed), and (b) the powers that a constable has in respect of the offender under section 342E while the serious violence reduction order is in effect. (9) In this section the “appropriate court” means— (a) where the Crown Court or the Court of Appeal made the serious violence reduction order, the Crown Court; (b) where a magistrates’ court made the serious violence reduction order and the application is made by the offender or the chief constable of the British Transport Police Force— (i) that magistrates’ court, or (ii) a magistrates’ court for the area in which the offender lives; (c) where a magistrates’ court made the serious violence reduction order and the application is made by a chief officer of police— (i) that magistrates’ court, (ii) a magistrates’ court for the area in which the offender lives, or (iii) a magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area. (342I) (1) An appeal against the making of a serious violence reduction order may be brought by the offender as if the order were a sentence passed on the offender for an offence. (2) Where an application is made under section 342H for an order varying, renewing or discharging a serious violence reduction order— (a) the person who made the application may appeal against a refusal to make an order under that section; (b) the offender may appeal against the making of an order under that section which was made on the application of a chief officer of police or the chief constable of the British Transport Police Force; (c) a chief officer of police within subsection (2) of that section may appeal against the making of an order under that section which was made on the application of the offender; (d) where the offence on the basis of which the serious violence reduction order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force may appeal against the making of an order under that section which was made on the application of the offender. (3) Paragraph (d) of subsection (2) applies to an offence which— (a) was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or (b) otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section. (4) An appeal under subsection (2)— (a) is to be made to the Court of Appeal if the application under section 342H was made to the Crown Court; (b) is to be made to the Crown Court in any other case. (5) On an appeal under subsection (2) to the Crown Court, the court may make— (a) such orders as may be necessary to give effect to its determination of the appeal, and (b) such incidental and consequential orders as appear to it to be appropriate. (342J) (1) The Secretary of State may issue guidance to— (a) constables, (b) chief officers of police, and (c) the chief constable of the British Transport Police Force, in relation to serious violence reduction orders. (2) The guidance may in particular include— (a) guidance about the exercise by constables, chief officers of police and the chief constable of the British Transport Police Force of their functions under this Chapter, (b) guidance about identifying offenders in respect of whom it may be appropriate for applications for serious violence reduction orders to be made, and (c) guidance about providing assistance to prosecutors in connection with applications for serious violence reduction orders. (3) The Secretary of State may revise any guidance issued under this section. (4) The Secretary of State must arrange for any guidance issued under this section to be published. (5) A constable, chief officer of police or the chief constable of the British Transport Police Force must have regard to any guidance issued under this section. (342K) (1) Before issuing guidance under section 342J, the Secretary of State must lay a draft of the guidance before Parliament. (2) If, within the 40-day period, either House of Parliament resolves not to approve the draft guidance, the guidance may not be issued. (3) If no such resolution is made within that period, the Secretary of State may issue the guidance. (4) In this section “the 40-day period”, in relation to draft guidance, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid). (5) In calculating the 40-day period, no account is to be taken of any period during which— (a) Parliament is dissolved or prorogued, or (b) both Houses are adjourned for more than 4 days. (342L) In this Chapter— - “bladed article” means an article to which section 139 of the Criminal Justice Act 1988 applies; - “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)); - “harm” includes physical and psychological harm; - “offensive weapon” has the same meaning as in section 1(4) of the Prevention of Crime Act 1953; - “public place” means—any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, orany other place to which people have ready access but which is not a dwelling; - “the offender”, in relation to a serious violence reduction order, means the offender in respect of whom the order or the application for the order has been made.

• (2) In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available) after paragraph (d) insert—

(da) section 342G(4) (offences relating to a serious violence reduction order);

.

• (3) In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions) after paragraph (fg) insert—

(fh) to have the conduct of applications for orders under section 342A of the Sentencing Code (serious violence reduction orders);

.

Serious violence reduction orders: piloting

166

• (1) The Secretary of State may exercise the power in section 208(1) so as to bring section 165 into force—

• (a) for all purposes, and

• (b) in relation to the whole of England and Wales,

only if the conditions in subsections (2) and (3) are met.

• (2) The condition in this subsection is that regulations under section 208(1) have brought section 165 into force only—

• (a) for one or more specified purposes, or

• (b) in relation to one or more specified areas.

• (3) The condition in this subsection is that the Secretary of State has laid before Parliament a report on the operation of Chapter 1A of Part 11 of the Sentencing Code (inserted by section 165)—

• (a) for one or more of those purposes, or

• (b) in relation to one or more of those areas.

• (4) A report under subsection (3) must in particular include—

• (a) information about the number of offenders in respect of whom serious violence reduction orders have been made;

• (b) information about the offences that were the basis for applications as a result of which serious violence reduction orders were made;

• (c) information about the exercise by constables of the powers in section 342E of the Sentencing Code (serious violence reduction orders: powers of constables);

• (d) an assessment of the impact of the operation of Chapter 1A of Part 11 of the Sentencing Code on people with protected characteristics (within the meaning of the Equality Act 2010);

• (e) an initial assessment of the impact of serious violence reduction orders on the reoffending rates of offenders in respect of whom such orders have been made;

• (f) an assessment of the impact on offenders of being subject to a serious violence reduction order;

• (g) information about the number of offences committed under section 342G of the Sentencing Code (offences relating to a serious violence reduction order) and the number of suspected offences under that section that have been investigated.

• (5) Regulations under section 208(1) which bring section 165 into force only for a specified purpose or in relation to a specified area may—

• (a) provide for section 165 to be in force for that purpose or in relation to that area for a specified period;

• (b) make transitional or saving provision in connection with section 165 ceasing to be in force at the end of the specified period.

• (6) Regulations containing provision by virtue of subsection (5)(a) may be amended by subsequent regulations under section 208(1) so as to continue section 165 in force—

• (a) for the specified purpose, or

• (b) in relation to the specified area,

for a further specified period.

• (7) Accordingly, the reference in section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection (6).

• (8) In this section—

• “serious violence reduction order” has the same meaning as in Chapter 1A of Part 11 of the Sentencing Code (see section 342B of the Sentencing Code);

• “specified” means specified in regulations under section 208(1).

CHAPTER 2 — Knife crime prevention orders

Knife crime prevention order on conviction: adjournment of proceedings

167

• (1) In section 19 of the Offensive Weapons Act 2019 (knife crime prevention orders made on conviction), after subsection (9) insert—

(9A) The court may adjourn any proceedings on an application for a knife crime prevention order even after sentencing the defendant. (9B) If the defendant does not appear for any adjourned proceedings the court may— (a) further adjourn the proceedings, (b) issue a warrant for the defendant’s arrest, or (c) hear the proceedings in the defendant’s absence. (9C) The court may not act under subsection (9B)(b) unless it is satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings. (9D) The court may not act under subsection (9B)(c) unless it is satisfied that the defendant— (a) has had adequate notice of the time and place of the adjourned proceedings, and (b) has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.

• (2) Regulations under section 208(1) which bring subsection (1) into force only for a specified purpose or in relation to a specified area may—

• (a) provide for that provision to be in force for that purpose or in relation to that area for a specified period;

• (b) make transitional or saving provision in relation to that provision ceasing to be in force at the end of the specified period.

• (3) Regulations containing provision by virtue of subsection (2)(a) may be amended by subsequent regulations under section 208(1) so as to continue subsection (1) in force for the specified purpose or in relation to the specified area for a further specified period.

• (4) In this section “specified” means specified in regulations under section 208(1).

CHAPTER 3 — Management of sex offenders

Notification requirements

Locations for sexual offender notification

168

• (1) Section 87 of the Sexual Offences Act 2003 (method of notification and related matters) is amended as follows.

• (2) For paragraph (a) of subsection (1) substitute—

(a) attending at the police station in the person’s local police area that is for the time being specified in a document published for that local police area under this section or, if there is more than one such police station, at any one of them, and

.

• (3) After subsection (2) insert—

(2A) The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification under section 83(1), 84(1) or 85(1). (2B) A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.

Offences outside the United Kingdom: notification requirements

169

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

• (2) After section 96 insert—

(96ZA) (1) Where this section applies to a person (“P”), P is subject to the notification requirements of this Part for the notification period set out in section 82. This is subject to sections 96ZB (young offenders: parental notices) and 96ZC (modifications of notification requirements). (2) This section applies to P if P has been given a notice under subsection (3) and that notice has not been cancelled. (3) A constable may give a notice to P if— (a) the conditions in subsections (6), (7) and (8) are met in respect of P, and (b) an officer of at least the rank of inspector has authorised the giving of the notice to P. (4) A notice given to P under subsection (3) must be given to P in person and must contain details of— (a) the notifications that P is required to give under this Part, (b) when those notifications must be given, and (c) where those notifications may be given. (5) A notice given under subsection (3) may be cancelled by a constable giving notice in writing to P in person but such a cancellation must be authorised by an officer of at least the rank of inspector. (6) The first condition is that under the law in force in a country outside the United Kingdom— (a) P has been convicted of a relevant offence (whether or not P 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 P 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 P is under a disability and did the act charged against P in respect of the offence, or (d) P has been cautioned in respect of a relevant offence. (7) The second condition is that— (a) the first condition is met because of a conviction, finding or caution which occurred on or after 1 September 1997, (b) the first condition is met because of a conviction or finding which occurred before that date, but P was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or (c) the first condition is met because of a conviction or finding which occurred before that date, but on that date P was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131). (8) The third condition is that the period set out in section 82 (as it would have effect as modified by section 96ZC(2) and (3) if this section applied to P) in respect of the relevant offence has not expired. (9) In this section and section 96ZC “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) if it had been done in any part of the United Kingdom. (10) For the purposes of subsection (9)(a), 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. (96ZB) (1) Where the person (“P”) given a notice under section 96ZA is under 18 a constable may also give a notice (a “parental notice”) to a person (“the parent”) with parental responsibility for P. (2) Subsections (3)(b) to (5) of section 96ZA apply to the giving of a parental notice as if references to P were references to the parent. (3) If a parental notice has been given to the parent and has not been cancelled or ceased to have effect— (a) the obligations that would (apart from this subsection) be imposed by virtue of section 96ZA on P are to be treated instead as obligations on the parent, and (b) the parent must ensure that P attends with them at the police station when a notification under this Part is being given. (4) The parental notice ceases to have effect when P reaches the age of 18. (5) If a parental notice is to be given, section 96ZA(4)(a) has effect in relation to the notice given to P as if the reference to the notifications that P is required to give under this Part were a reference to— (a) the notifications that the parent is required to give under this Part, and (b) the notifications (if any) that P is required to give under this Part once the parental notice ceases to have effect. (96ZC) (1) The application of this Part to a person (“P”) to whom section 96ZA applies in respect of a conviction, finding or caution is subject to the modifications set out in this section. (2) References to the “relevant date”— (a) in a case where P is within section 96ZA(6)(a), are to the date of the conviction, (b) in a case where P is within section 96ZA(6)(b) or (c), are to the date of the finding, and (c) in a case where P is within section 96ZA(6)(d), are to the date of the caution. (3) In section 82— (a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P; (b) the reference in the Table to section 80(1)(d) is to be read as a reference to section 96ZA(6)(d); (c) references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which a notice has been given to P under section 96ZA; (d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences (see section 96ZA(9)). (4) Section 83 has effect as if after subsection (1) there were inserted— (1A) In the case of a relevant offender who is subject to the notification requirements of this Part by virtue of a notice being given to the relevant offender under section 96ZA, the reference in subsection (1) to the period of 3 days beginning with the relevant date (or if later the commencement of this Part) is to be read as a reference to the period of 3 days beginning with the day on which the notice was given to the relevant offender. (5) Section 83(4) has effect as if— (a) for the words “Where a notification order is made” there were substituted “Where a relevant offender is subject to the notification requirements of this Part by virtue of a notice given under section 96ZA”, and (b) in paragraph (a) for the words “the order was made” there were substituted “the notice was given to the relevant offender”. (96ZD) (1) A person (“P”) may appeal to a magistrates’ court against the decision to give them a notice under section 96ZA. (2) The grounds for bringing an appeal under subsection (1) include— (a) that one or more of the conditions for the giving of the notice were not met in respect of P at the time the notice was given; (b) that the conviction, finding or caution by reason of which P was given the notice falls within subsection (3). (3) A conviction, finding or caution falls within this subsection if— (a) any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights (within the meaning of section 1 of the Human Rights Act 1998) which P would have had if those investigations or proceedings had taken place in the United Kingdom, and (b) that contravention was such that the conviction, finding or caution cannot be safely relied on for the purposes of meeting the condition in section 96ZA(6). (4) A person (“the parent”) may appeal to a magistrates’ court against the decision to give them a parental notice under section 96ZB. (5) The grounds for bringing an appeal under subsection (4) include— (a) that one or more of the conditions for the giving of a notice under section 96ZA to the person (“P”) for whom the parent has parental responsibility were not met in respect of P at the time the notice under section 96ZA was given; (b) that the conviction, finding or caution by reason of which P was given a notice under section 96ZA falls within subsection (3); (c) that one or more of the requirements for giving the parent a parental notice under section 96ZB were not met at the time the parental notice was given. (6) On an appeal under subsection (1) or (4) a magistrates’ court may cancel or confirm the notice which is the subject of the appeal.

• (3) In section 91(1)(a) (offences relating to notification) for “or 89(2)(b)” substitute “, 89(2)(b) or 96ZB(3)(b)”.

• (4) In section 91A(3) (review of indefinite notification requirements) for paragraph (c) substitute—

(c) a notice given under section 96ZA.

• (5) Omit sections 97 to 103 (notification orders) and section 103G(6) and (7) (notification order made on application for sexual harm prevention order or interim sexual harm prevention order).

• (6) In section 133(1) (general interpretation), in the definition of “relevant date” for “98, 100” substitute “, 96ZC”.

• (7) Subsection (5) does not affect—

• (a) the validity or effect of any order made under section 97 or 100 of the Sexual Offences Act 2003 before the coming into force of this section or the application of Part 2 of that Act to any person in respect of whom such an order was so made;

• (b) in respect of an application made under section 97(1) or section 100(2) of that Act before the coming into force of this section—

• (i) the determination of such an application, or

• (ii) the validity and effect of any order made on such an application or the application of Part 2 of that Act to any person in respect of whom such an order was so made.

• (8) The amendments made by subsections (4) and (6) do not apply in respect of any order to which, or any person to whom, subsection (7) applies.

Notification orders: Scotland

170

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

• (2) In section 97 (notification orders: applications and grounds)—

• (a) in subsection (1), in the words before paragraph (a)—

• (i) for the words from “A chief officer of police” to “police area” substitute “The chief constable of the Police Service of Scotland (“the chief constable”) may by application to any sheriff”, and

• (ii) omit “(“the defendant”)”,

• (b) in subsection (1)(a)—

• (i) for “him” substitute “the chief constable”, and

• (ii) for “defendant” substitute “person”,

• (c) in subsection (1)(b)—

• (i) for “defendant”, in both places it occurs, substitute “person”,

• (ii) for “his police area”, in both places it occurs, substitute “Scotland”, and

• (iii) for “chief officer” substitute “chief constable”,

• (d) in subsection (2)—

• (i) for “he”, in each place it occurs, substitute “the person”, and

• (ii) in paragraph (c), for “him” substitute “the person”,

• (e) in subsection (5) for “court” substitute “sheriff”, and

• (f) after subsection (5) insert—

(5A) A record of evidence must be kept on any application for an order under this section. (5B) The clerk of the court by which a notification order under this section is made must cause a copy of the order as so made to be— (a) given to the person named in the order, (b) sent to the person by registered post, or (c) sent to the person by the recorded delivery service, and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.

• (3) In section 98 (notification orders: effect)—

• (a) in subsections (1)(a) and (3)(a) and (c) for “defendant” substitute “person in respect of whom the order has effect”, and

• (b) in subsection (1)(b) for “defendant” substitute “person”.

• (4) In section 99 (sections 97 and 98: relevant offences), in subsections (3) and (4), for “defendant” substitute “person in respect of whom the order is sought”.

• (5) In section 100 (interim notification orders)—

• (a) in subsection (2)—

• (i) in paragraph (a), omit “the complaint containing”, and

• (ii) in paragraph (b), for “by complaint to the court to which that application has been made” substitute “by further application to the sheriff to whom the main application has been made”,

• (b) in subsection (5)—

• (i) in paragraph (a), for “defendant” substitute “person in respect of whom the order has effect”, and

• (ii) in paragraph (b), for “defendant” substitute “person”,

• (c) in subsection (7)—

• (i) for “defendant” substitute “person in respect of whom the order has effect”, and

• (ii) for “complaint” substitute “application”, and

• (d) after subsection (7) insert—

(7A) A record of evidence must be kept on any application for an order under this section. (7B) The clerk of the court by which an interim notification order is made, varied, renewed or discharged under this section must cause a copy of, as the case may be— (a) the order as so made, varied or renewed, or (b) the interlocutor by which discharge is effected, to be given to the person named in the order or to be sent to the person in accordance with subsection (7C). (7C) A copy of the order may be sent to the person named in the order— (a) by registered post, or (b) by the recorded delivery service, and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.

• (6) Omit sections 101 (notification orders and interim notification orders: appeals in England and Wales) and 103 (sections 97 to 100: Scotland).

Sexual harm prevention orders and sexual risk orders

Applications by British Transport Police and Ministry of Defence Police

171

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

• (2) Section 103A (sexual harm prevention orders: applications and grounds) is amended in accordance with subsections (3) to (6).

• (3) In subsection (4), for the words before paragraph (a) substitute “A person mentioned in subsection (4A) (“the applicant”) may by complaint to a magistrates’ court apply for a sexual harm prevention order in respect of a person if it appears to the applicant that—”.

• (4) After subsection (4) insert—

(4A) Those persons are— (a) a chief officer of police; (b) the Director General of the National Crime Agency (“the Director General”); (c) the chief constable of the British Transport Police Force; (d) the chief constable of the Ministry of Defence Police.

• (5) For subsection (7) substitute—

(7) If the Director General, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under subsection (4), that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.

• (6) In subsection (9)(b)—

• (a) in the words before sub-paragraph (i), after “the Director General” insert “, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police”, and

• (b) in sub-paragraph (ii), for “Director General” substitute “applicant”.

• (7) In section 103F (interim sexual harm prevention orders), after subsection (6) (inserted by section 173 of this Act) insert—

(7) If the Director General of the National Crime Agency, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under this section, that person must as soon as practicable notify the chief officer of police for a relevant police area of that application. (8) In subsection (7), “relevant police area” has the same meaning as in section 103A (sexual harm prevention orders: applications and grounds) (see section 103A(9)).

• (8) In section 103J(1) (sexual harm prevention orders and interim sexual harm prevention orders: guidance) for “chief officers of police and to the Director General of the National Crime Agency” substitute “chief officers of police, the Director General of the National Crime Agency, the chief constable of the British Transport Police Force and the chief constable of the Ministry of Defence Police”.

• (9) Section 122A (sexual risk orders: applications, grounds and effect) is amended in accordance with subsections (10) and (11).

• (10) For subsection (1) substitute—

(1) A person mentioned in subsection (1A) (“the applicant”) 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 applicant that the condition in subsection (2) is met. (1A) Those persons are— (a) a chief officer of police; (b) the Director General of the National Crime Agency (“the Director General”); (c) the chief constable of the British Transport Police Force; (d) the chief constable of the Ministry of Defence Police.

• (11) For subsection (5) substitute—

(5) If the Director General, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under subsection (1), that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.

• (12) In section 122B(3)(b) (interpretation of section 122A)—

• (a) after “Agency” insert “, the chief constable of the British Transport Police Force or the chief constable for the Ministry of Defence Police”, and

• (b) in sub-paragraph (ii), for “Director General” substitute “applicant”.

• (13) In section 122E (interim sexual risk orders), after subsection (6) (inserted by section 173 of this Act) insert—

(7) If the Director General of the National Crime Agency, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under this section, that person must as soon as practicable notify the chief officer of police for a relevant police area of that application. (8) In subsection (7), “relevant police area” has the same meaning as in section 122A (sexual risk orders: applications, grounds and effect) (see section 122B(3)).

• (14) In section 122J(1) (sexual risk orders and interim sexual risk orders: guidance) for “chief officers of police and to the Director General of the National Crime Agency” substitute “chief officers of police, the Director General of the National Crime Agency, the chief constable of the British Transport Police Force and the chief constable of the Ministry of Defence Police”.

List of countries

172

• (1) The Secretary of State may—

• (a) prepare a list of countries and territories outside the United Kingdom in which the Secretary of State considers children are at a high risk of sexual abuse or sexual exploitation from United Kingdom nationals or United Kingdom residents, or

• (b) direct a relevant person to prepare a list of countries and territories outside the United Kingdom in which the relevant person considers children are at a high risk of sexual abuse or sexual exploitation from United Kingdom nationals or United Kingdom residents.

• (2) If a list is prepared by the Secretary of State, the Secretary of State must lay the list before Parliament.

• (3) If a list is prepared by a relevant person—

• (a) the relevant person must submit the list to the Secretary of State, and

• (b) the Secretary of State must lay the list before Parliament.

• (4) As soon as reasonably practicable after a list has been laid before Parliament, the person who prepared the list must publish it.

• (5) A list published under subsection (4) has effect for the purposes of—

• (a) section 346 of the Sentencing Code (exercise of power to make sexual harm prevention order),

• (b) section 350 of the Sentencing Code (sexual harm prevention orders: variations, renewals and discharges),

• (c) section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders: applications and grounds),

• (d) section 103E of that Act (sexual harm prevention orders: variations, renewals and discharges),

• (e) section 103F of that Act (interim sexual harm prevention orders),

• (f) section 122A of that Act (sexual risk orders: applications, grounds and effect),

• (g) section 122D of that Act (sexual risk orders: variations, renewals and discharges),

• (h) section 122E of that Act (interim sexual risk orders),

• (i) section 136ZG of that Act (variation of sexual harm prevention order made in Scotland by court in England and Wales),

• (j) section 136ZH of that Act (variation of sexual offences prevention order or foreign travel order by court in England and Wales), and

• (k) section 136ZI of that Act (variation of sexual risk order made in Scotland by court in England and Wales).

• (6) If a list has been published, the person who prepared it must keep it under review and may, from time to time, prepare a revised list (but see subsections (7) and (8)).

• (7) If the function under subsection (6) is for the time being exercisable by the Secretary of State, the Secretary of State may direct a relevant person to exercise that function.

• (8) If the function under subsection (6) is for the time being exercisable by a relevant person, the Secretary of State may direct that the function is to be exercisable by another relevant person or by the Secretary of State.

• (9) A list published under this section may at any time be withdrawn by the Secretary of State.

• (10) Subsections (2) to (9) apply to a revised list as they apply to a list prepared under subsection (1).

• (11) In this section—

• “child” means a person under 18;

• “relevant person” means a person whose statutory functions relate to—the prevention or detection of crime, orother law enforcement purposes;

• “United Kingdom national” means—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981 is a British subject, ora British protected person within the meaning of that Act;

• “United Kingdom resident” means an individual who is resident in the United Kingdom.

Requirement for courts and certain persons to have regard to the list of countries

173

• (1) In section 346 of the Sentencing Code (exercise of power to make sexual harm prevention order)—

• (a) the existing text becomes subsection (1), and

• (b) after that subsection insert—

(2) 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 a high risk of sexual abuse or sexual exploitation) and has not been withdrawn, the court must have regard to the list in considering— (a) whether a sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and (b) in particular, whether a prohibition on foreign travel (see section 348) is necessary for that purpose.

• (2) In section 350 of the Sentencing Code (sexual harm prevention orders: variations, renewals and discharges)—

• (a) after subsection (3) insert—

(3A) 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 (2)(b) or (c) must have regard to the list in considering— (a) whether to apply for an order varying or renewing a sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the offender 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.

, and

• (b) after subsection (6A) (inserted by section 175) insert—

(6B) 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 an order varying or renewing the sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the offender 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.

• (3) The Sexual Offences Act 2003 is amended as follows.

• (4) In section 103A (sexual harm prevention orders: applications and grounds)—

• (a) after subsection (3) insert—

(3A) 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, the court must have regard to the list in considering— (a) whether a sexual harm prevention 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 a prohibition on foreign travel (see section 103D) is necessary for that purpose.

, and

• (b) after subsection (4A) (inserted by section 171) insert—

(4B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, a person mentioned in subsection (4A) must have regard to the list in considering— (a) whether a person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for a sexual harm prevention order to be made for the purpose of protecting children generally, or any particular children, from sexual harm from that person outside the United Kingdom, and (b) whether to apply for a prohibition on foreign travel (see section 103D) to be included in any such order for that purpose.

• (5) In section 103E (sexual harm prevention orders: variations, renewals and discharges)—

• (a) after subsection (2) insert—

(2A) 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 (2)(b) to (d) must have regard to the list in considering— (a) whether to apply for an order varying or renewing a sexual harm prevention 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.

,

• (b) after subsection (5A) (inserted by section 175) insert—

(5B) 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 sexual harm prevention 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.

, and

• (c) in subsection (6), for “subsection (5)” substitute “subsections (2A), (5) and (5B)”.

• (6) In section 103F (interim sexual harm prevention orders)—

• (a) after subsection (2) insert—

(2A) 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 who has made, or is considering making, an application under section 103A(4) must have regard to the list in considering— (a) whether to apply for an interim sexual harm prevention 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 a prohibition on foreign travel to be included in any such order for that purpose.

,

• (b) after subsection (3) insert—

(3A) 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 to make an interim sexual harm prevention 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 include in any such order a prohibition on foreign travel for that purpose.

, and

• (c) after subsection (5) insert—

(6) Subsections (2A) and (3A) apply in relation to an application for the variation or renewal of an interim sexual harm prevention order as they apply in relation to an application for such an order.

• (7) In section 122A (sexual risk orders: applications, grounds and effect)—

• (a) after subsection (2) insert—

(2A) 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 (1A) must have regard to the list in considering— (a) whether as a result of the act mentioned in subsection (2) there is reasonable cause to believe that it is necessary for a sexual risk order to be made for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) whether to apply for a prohibition on foreign travel (see section 122C) to be included in any such order for that purpose.

, and

• (b) after subsection (6) insert—

(6A) 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 a sexual risk order is necessary for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) in particular, whether a prohibition on foreign travel (see section 122C) is necessary for that purpose.

• (8) In section 122D (sexual risk order: variations, renewals and discharges),

• (a) after subsection (2) insert—

(2A) 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 (2)(b) to (d) must have regard to the list in considering— (a) whether to apply for an order varying or renewing a sexual risk order for the purpose of protecting children generally, or any particular children, from 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.

,

• (b) in subsection (3) for “the application” substitute “an application made under this section”, and

• (c) after subsection (4A) (inserted by section 176) insert—

(4B) 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 sexual risk order is necessary for the purposes of protecting children generally, or any particular children, from 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.

• (9) In section 122E (interim sexual risk orders)—

• (a) after subsection (2) insert—

(2A) 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 who has made, or is considering making, an application for a sexual risk order must have regard to the list in considering— (a) whether to apply for an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) in particular, whether to apply for a prohibition on foreign travel to be included in any such order for that purpose.

,

• (b) after subsection (3) insert—

(3A) 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 to make an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) in particular, whether to include a prohibition on foreign travel in any such order for that purpose.

, and

• (c) after subsection (5) insert—

(6) Subsections (2A) and (3A) apply in relation to an application for the variation or renewal of an interim sexual risk order as they apply in relation to an application for such an order.

Standard of proof

174

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

• (2) In section 103A(3) (sexual harm prevention orders: applications and grounds)—

• (a) omit “and” at the end of paragraph (a), and

• (b) for paragraph (b) substitute—

(b) the court is satisfied on the balance of probabilities that since the appropriate date the defendant has acted in one or more of the ways alleged by the person making the application, and (c) the court is satisfied that the defendant having acted in such a way 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.

• (3) In section 122A (sexual risk orders: applications, grounds and effect), for subsection (6) substitute—

(6) On an application under subsection (1), the court may make a sexual risk order if— (a) the court is satisfied on the balance of probabilities that the defendant has, whether before or after the commencement of this Part, done one or more of the acts of a sexual nature alleged by the person making the application, and (b) the court is satisfied that as a result of the defendant acting in such a way it is necessary to make such an order for the purpose of— (i) protecting the public or any particular members of the public from harm from the defendant, or (ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

Sexual harm prevention orders: power to impose positive requirements

175

• (1) The Sentencing Code is amended in accordance with subsections (2) to (6).

• (2) In section 343 (sexual harm prevention order)—

• (a) for subsection (1) substitute—

(1) In this Code a “sexual harm prevention order” means an order made under this Chapter in respect of an offender. (1A) A sexual harm prevention order may— (a) prohibit the offender from doing anything described in the order; (b) require the offender to do anything described in the order.

,

• (b) in subsection (2), after “prohibitions” insert “or requirements”, and

• (c) after subsection (2) insert—

(3) The prohibitions or requirements which are imposed on the offender by a sexual harm prevention order must, so far as practicable, be such as to avoid— (a) any conflict with the offender’s religious beliefs, (b) any interference with the times, if any, at which the offender normally works or attends any educational establishment, and (c) any conflict with any other court order or injunction to which the offender may be subject (but see section 349).

• (3) In section 347 (sexual harm prevention order: matters to be specified)—

• (a) in subsection (1)(a), after “prohibitions” insert “and requirements”,

• (b) in subsection (1)(b)—

• (i) after “each prohibition” insert “or requirement”, and

• (ii) for ““prohibition period”” substitute ““specified period””,

• (c) in subsection (2)—

• (i) in the words before paragraph (a), for “prohibition period” substitute “specified period”, and

• (ii) in paragraph (b), after “prohibition” insert “or requirement”, and

• (d) in subsection (3), after “prohibitions”, in both places it occurs, insert “or requirements”.

• (4) After section 347 insert—

(347A) (1) A sexual harm prevention order that imposes a requirement to do something on an offender must specify a person who is to be responsible for supervising compliance with the requirement. The person may be an individual or an organisation. (2) Before including such a requirement in a sexual harm prevention order, the court must receive evidence about its suitability and enforceability from— (a) the individual to be specified under subsection (1), if an individual is to be specified; (b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified. (3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 348A(5) and (6)). (4) It is the duty of a person specified under subsection (1)— (a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”); (b) to promote the offender’s compliance with the relevant requirements; (c) if the person considers that— (i) the offender has complied with all the relevant requirements, or (ii) the offender has failed to comply with a relevant requirement, to inform the appropriate chief officer of police. (5) In subsection (4)(c) the “appropriate chief officer of police means— (a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the offender lives, or (b) if it appears to that person that the offender lives in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform. (6) An offender subject to a requirement imposed by a sexual harm prevention order must— (a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and (b) notify that person of any change of the offender’s home address. These obligations have effect as requirements of the order. (7) In this section “home address”, in relation to an offender, means— (a) the address of the offender’s sole or main residence in the United Kingdom, or (b) where the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select.

• (5) In section 350 (sexual harm prevention orders: variations, renewals and discharges)—

• (a) in subsection (6)—

• (i) in the words before paragraph (a), after “prohibitions” insert “or requirements”, and

• (ii) in the words after paragraph (b), after “prohibitions” insert “and requirements”,

• (b) after subsection (6) insert—

(6A) Any additional prohibitions or requirements that are imposed on the offender must, so far as practicable, be such as to avoid— (a) any conflict with the offender’s religious beliefs, (b) any interference with the times, if any, at which the offender normally works or attends any educational establishment, and (c) any conflict with any other court order or injunction to which the offender may be subject.

, and

• (c) in subsection (8), after “other prohibitions” insert “or requirements”.

• (6) In section 354 (offence: breach of sexual harm prevention order)—

• (a) for subsection (1) substitute—

(1) A person commits an offence if, without reasonable excuse, the person— (a) does anything that the person is prohibited from doing by a sexual harm prevention order, or (b) fails to do something that the person is required to do by a sexual harm prevention order.

,

• (b) in subsection (2), for “doing anything prohibited by such an order” substitute “breaching such an order”, and

• (c) omit subsection (3).

• (7) In paragraph 98 of Schedule 22 to the Sentencing Act 2020 (amendment of section 354 of the Sentencing Code), in the substituted subsection (2) for “doing anything prohibited by such an order” substitute “breaching such an order”.

• (8) The Sexual Offences Act 2003 is amended as follows.

• (9) In section 103C (sexual harm prevention orders: effect)—

• (a) for subsection (1) substitute—

(1) A sexual harm prevention order may— (a) prohibit the defendant from doing anything described in the order; (b) require the defendant to do anything described in the order.

,

• (b) in subsection (2), after “prohibition” insert “or requirement”,

• (c) in subsection (3), after “prohibitions”, in both places it occurs, insert “or requirements”,

• (d) in subsection (4), after “prohibitions” insert “or requirements”, and

• (e) after subsection (4) insert—

(4A) The prohibitions or requirements which are imposed on the defendant by a sexual harm prevention order must, so far as practicable, be such as to avoid— (a) any conflict with the defendant’s religious beliefs, (b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and (c) any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (6)).

• (10) After section 103C insert—