Police, Crime, Sentencing and Courts Act 2022

(103CA) (1) A sexual harm prevention order that imposes a requirement to do something on a defendant 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 103FA(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 defendant’s compliance with the relevant requirements; (c) if the person considers that— (i) the defendant has complied with all the relevant requirements, or (ii) the defendant 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 defendant resides, or (b) if it appears to that person that the defendant resides 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) A defendant 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 defendant’s home address. These obligations have effect as requirements of the order.

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

• (a) in subsection (5)—

• (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 (5) insert—

(5A) Any additional prohibitions or requirements that are imposed on the defendant 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.

, and

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

• (12) In section 103F(3) (interim sexual harm prevention orders), for the words from “, prohibiting the defendant” to the end of the subsection substitute “—

• (a) prohibiting the defendant from doing anything described in the order;

• (b) requiring the defendant to do anything described in the order.”

• (13) In section 103I (offence: breach of sexual harm prevention order or interim sexual harm prevention order)—

• (a) before subsection (1) insert—

(A1) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a sexual harm prevention order or an interim sexual harm prevention order, or (b) fails to do something that the person is required to do by a sexual harm prevention order or an interim sexual harm prevention order, commits an offence.

,

• (b) in subsection (1), omit paragraphs (a) and (b), and

• (c) omit subsection (2).

Sexual risk orders: power to impose positive requirements

176

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

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

• (a) for subsection (7) substitute—

(7) A sexual risk 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 (8), for the words from “may specify” to the end of the subsection substitute

— (a) has effect for a fixed period (not less than 2 years) specified in the order or until further order, and (b) may specify different periods for different prohibitions or requirements.

,

• (c) in subsection (9), after “prohibitions” insert “or requirements”, and

• (d) after subsection (9) insert—

(9A) The prohibitions or requirements which are imposed on the defendant by a sexual risk 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 (10)).

• (3) After section 122B insert—

(122BA) (1) A sexual risk order that imposes a requirement to do something on a defendant 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 risk 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 122EA(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 defendant’s compliance with the relevant requirements; (c) if the person considers that— (i) the defendant has complied with all the relevant requirements, or (ii) the defendant 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 defendant resides, or (b) if it appears to that person that the defendant resides 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) A defendant subject to a requirement imposed by a sexual risk 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 defendant’s home address. These obligations have effect as requirements of the order.

• (4) In section 122D (sexual risk orders: variations, renewals and discharges)—

• (a) in subsection (4)—

• (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”, and

• (b) after that subsection, insert—

(4A) Any additional prohibitions or requirements that are imposed on the defendant 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.

• (5) In section 122E(3) (interim sexual risk orders), for the words from “, prohibiting the defendant” to the end of the subsection substitute “—

• (a) prohibiting the defendant from doing anything described in the order;

• (b) requiring the defendant to do anything described in the order.”

• (6) In section 122H (offence: breach of sexual risk order or interim sexual risk order etc)—

• (a) before subsection (1) insert—

(A1) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or (b) fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order, commits an offence.

,

• (b) in subsection (1), omit paragraphs (a) and (b), and

• (c) omit subsection (2).

Positive requirements: further amendments

177

• (1) In section 351 of the Sentencing Code (variation of sexual harm prevention order by court in Northern Ireland)—

• (a) in subsection (6), in the words before paragraph (a), after “prohibitions” insert “or requirements”, and

• (b) in subsection (7), in the words before paragraph (a), after “prohibitions” insert “and requirements”.

• (2) In section 113 of the Sexual Offences Act 2003 (offence: breach of SOPO or interim SOPO etc), for subsection (1ZA) substitute—

(1ZA) A person commits an offence if, without reasonable excuse, the person— (a) contravenes a prohibition imposed by— (i) a sexual harm prevention order, (ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or (iii) an interim sexual harm prevention order, other than a prohibition on foreign travel, or (b) fails to comply with a requirement imposed by— (i) a sexual harm prevention order, (ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or (iii) an interim sexual harm prevention order.

• (3) In section 128 of the Sexual Offences Act 2003 (offence: breach of RSHO or interim RSHO etc)—

• (a) in subsection (1) omit paragraphs (c) and (d), and

• (b) after subsection (1) insert—

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

• (4) In section 136ZA(2) of the Sexual Offences Act 2003 (application of orders throughout the United Kingdom), after “prohibitions” insert “or requirements”.

• (5) In section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm prevention order by court in Northern Ireland)—

• (a) in subsection (5), in the words before paragraph (a), after “prohibitions” insert “or requirements”, and

• (b) in subsection (6), in the words before paragraph (a), after “prohibitions” insert “and requirements”.

• (6) In section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order by court in Northern Ireland)—

• (a) in subsection (4), in the words before paragraph (a), after “prohibitions” insert “or requirements”, and

• (b) in subsection (5), in the words before paragraph (a), after “prohibitions” insert “and requirements”.

• (7) In section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of orders equivalent to orders in Chapters 3 and 4: offence)—

• (a) after subsection (1) insert—

(1A) A person commits an offence if, without reasonable excuse, the person fails to do something which the person is required to do by an equivalent order from elsewhere in the United Kingdom.

,

• (b) in each of subsections (2) and (3), after “subsection (1)” insert “or (1A)”, and

• (c) in subsection (4), after “prohibitions” insert “or requirements”.

Electronic monitoring requirements

178

• (1) The Sentencing Code is amended in accordance with subsections (2) to (5).

• (2) In section 343 (sexual harm prevention order), after subsection (3) (inserted by section 175 of this Act) insert—

(4) A sexual harm prevention order may require the offender to submit to electronic monitoring of the offender’s compliance with the prohibitions and requirements imposed by the order (see section 348A for further provision about such a requirement).

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

• (a) in subsection (1), in the words after paragraph (b), after “United Kingdom” insert “and section 348A for further matters to be included in the case of an electronic monitoring requirement”, and

• (b) in subsection (2), in the words after paragraph (b), after “travel)” insert “and section 348A(8) (electronic monitoring requirements)”.

• (4) After section 348 insert—

(348A) (1) Subsections (2) and (3) apply for the purpose of determining whether a court may impose, under section 343(4), an electronic monitoring requirement on the offender in a sexual harm prevention order. (2) If there is a person (other than the offender) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent. (3) The court may impose the requirement only if— (a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and (b) it is satisfied that the necessary provision can be made under the arrangements currently available. (4) In subsection (3)(a) “the relevant area” means— (a) the local justice area in which it appears to the court that the offender resides or will reside, and (b) in a case where it is proposed to include in the order— (i) a requirement that the offender must remain, for specified periods, at a specified place, or (ii) a provision prohibiting the offender from entering a specified place or area, the local justice area in which the place or area proposed to be specified is situated. “Specified” means specified in the sexual harm prevention order under which the electronic monitoring requirement is imposed. (5) A sexual harm prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring. (6) The person specified under subsection (5) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State. (7) Where a sexual harm prevention order imposes an electronic monitoring requirement on the offender, the offender must (among other things)— (a) submit, as required from time to time by the responsible person, to— (i) being fitted with, or the installation of, any necessary apparatus, and (ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring. These obligations have effect as requirements of the sexual harm prevention order under which the electronic monitoring requirement is imposed. (8) A sexual harm prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months. (9) Subsection (8) does not prevent an electronic monitoring requirement from being extended for a further period (of no more than 12 months each time) under section 350. (348B) (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of offenders under electronic monitoring requirements imposed by sexual harm prevention orders. (2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

• (5) In section 350 (sexual harm prevention orders: variations, renewals, discharges), after subsection (6B) (inserted by section 173 of this Act) insert—

(6C) Section 348A (electronic monitoring requirements) applies in relation to— (a) the variation of an 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 (6D). (6D) In its application to the variation or renewal of an order, section 348A(4)(b) has effect as if— (a) the reference 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, and (b) the reference 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.

• (6) The Sexual Offences Act 2003 is amended in accordance with subsections (7) to (16).

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

• (a) in subsection (2), for “section 103D(1)” substitute “sections 103D(1) and 103FA(8)”, and

• (b) after subsection (4A) (inserted by section 175 of this Act) insert—

(4B) A sexual harm prevention order may require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order (see section 103FA for further provision about such a requirement).

• (8) In section 103E (sexual harm prevention orders: variations, renewals and discharges) after subsection (5B) (inserted by section 173 of this Act) insert—

(5C) Section 103FA (electronic monitoring requirements) applies in relation to— (a) the variation of an 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 (5D). (5D) In its application to the variation or renewal of an order, section 103FA(4)(b) has effect as if— (a) the reference 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, and (b) the reference 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.

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

• (a) after subsection (3A) (inserted by section 173 of this Act) insert—

(3B) An interim sexual harm prevention order may require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order (see section 103FA for further provision about such a requirement).

, and

• (b) in subsection (4) for “Such an order” substitute “An interim sexual harm prevention order”.

• (10) After section 103F insert—

(103FA) (1) Subsections (2) and (3) apply for the purpose of determining whether a court may impose, under section 103C(4B) or section 103F(3B), an electronic monitoring requirement on the defendant in a sexual harm prevention order or interim sexual harm prevention order. (2) If there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent. (3) The court may impose the requirement only if— (a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and (b) it is satisfied that the necessary provision can be made under the arrangements currently available. (4) In subsection (3)(a) “the relevant area” means— (a) the local justice area in which it appears to the court that the defendant resides or will reside, and (b) in a case where it is proposed to include in the order— (i) a requirement that the defendant must remain, for specified periods, at a specified place, or (ii) a provision prohibiting the defendant from entering a specified place or area, the local justice area in which the place or area proposed to be specified is situated. “Specified” means specified in the sexual harm prevention order or interim sexual harm prevention order under which the electronic monitoring requirement is imposed. (5) A sexual harm prevention order or interim sexual harm prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring. (6) The person specified under subsection (5) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State. (7) Where a sexual harm prevention order or interim sexual harm prevention order imposes an electronic monitoring requirement on the defendant, the defendant must (among other things)— (a) submit, as required from time to time by the responsible person, to— (i) being fitted with, or the installation of, any necessary apparatus, and (ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring. These obligations have effect as requirements of the sexual harm prevention order or interim sexual harm prevention order under which the electronic monitoring requirement is imposed. (8) A sexual harm prevention order or an interim sexual harm prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months. (9) Subsection (8) does not prevent an electronic monitoring requirement from being extended for a further period (of no more than 12 months each time) under section 103E. (103FB) (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of defendants under electronic monitoring requirements imposed by— (a) sexual harm prevention orders, (b) relevant Scottish orders within the meaning of section 136ZG that have been renewed or varied as mentioned in subsection (11) of that section (variation etc by court in England and Wales to impose electronic monitoring requirement), and (c) sexual offences prevention orders that have been renewed or varied as mentioned in section 136ZH(10) (variation etc by court in England and Wales to impose electronic monitoring requirement). (2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

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

• (a) after subsection (8) insert—

(8A) Subsection (8) is subject to section 122C(1) (duration of prohibitions on foreign travel) and section 122EA(8) (duration of electronic monitoring requirements).

, and

• (b) after subsection (9A) (as inserted by section 176 of this Act) insert—

(9B) A sexual risk order may require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order (see section 122EA for further provision about such a requirement).

• (12) In section 122D (sexual risk orders: variations, renewals and discharges) after subsection (4B) (inserted by section 173 of this Act) insert—

(4C) Section 122EA (electronic monitoring requirements) applies in relation to— (a) the variation of an 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 (4D). (4D) In its application to the variation or renewal of an order, section 122EA(4)(b) has effect as if— (a) the reference 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, and (b) the reference 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.

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

• (a) after subsection (3A) (inserted by section 173 of this Act) insert—

(3B) An interim sexual risk order may require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order (see section 122EA for further provision about such a requirement).

, and

• (b) in subsection (4) for “Such an order” substitute “An interim sexual risk order”.

• (14) After section 122E insert—

(122EA) (1) Subsections (2) and (3) apply for the purpose of determining whether a court may impose, under section 122A(9B) or section 122E(3B), an electronic monitoring requirement on the defendant in a sexual risk order or interim sexual risk order. (2) If there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent. (3) The court may impose the requirement only if— (a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and (b) it is satisfied that the necessary provision can be made under the arrangements currently available. (4) In subsection (3)(a) “the relevant area” means— (a) the local justice area in which it appears to the court that the defendant resides or will reside, and (b) in a case where it is proposed to include in the order— (i) a requirement that the defendant must remain, for specified periods, at a specified place, or (ii) a provision prohibiting the defendant from entering a specified place or area, the local justice area in which the place or area proposed to be specified is situated. “Specified” means specified in the sexual risk order or interim sexual risk order under which the electronic monitoring requirement is imposed. (5) A sexual risk order or interim sexual risk order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring. (6) The person specified under subsection (5) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State. (7) Where a sexual risk order or interim sexual risk order imposes an electronic monitoring requirement on the defendant, the defendant must (among other things)— (a) submit, as required from time to time by the responsible person, to— (i) being fitted with, or the installation of, any necessary apparatus, and (ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring. These obligations have effect as requirements of the sexual risk order or interim sexual risk order under which the electronic monitoring requirement is imposed. (8) A sexual risk order or an interim sexual risk order may not provide for an electronic monitoring requirement to have effect for more than 12 months. (9) Subsection (8) does not prevent an electronic monitoring requirement from being extended for a further period (of no more than 12 months each time) under section 122D. (122EB) (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of defendants under electronic monitoring requirements imposed by— (a) sexual risk orders, (b) relevant Scottish orders within the meaning of section 136ZI that have been renewed or varied as mentioned in subsection (11) of that section (variation etc by court in England and Wales to impose electronic monitoring requirement), and (c) risk of sexual harm orders that have been renewed or varied as mentioned in section 136ZJ(7) (variation etc by court in England and Wales to impose electronic monitoring requirement). (2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

• (15) In section 136ZA, after subsection (2) insert—

(3) A requirement that is imposed by a relevant order and that relates to the electronic monitoring of a person’s compliance with the prohibitions or requirements imposed by the order is to be treated for the purposes of subsection (2) as a requirement that is expressly confined to a particular locality.

• (16) In section 138(3), after “containing” insert “only regulations under section 103FA(6) or section 122EA(6) or”.

Positive requirements and electronic monitoring requirements: service courts

179

In section 137(3) of the Sexual Offences Act 2003 (service courts: sexual harm prevention orders)—

• (a) in paragraph (a)—

• (i) after “103A(3)” insert “and (4)”, and

• (ii) for the words from “and 103J” to “Sentencing Code” substitute “, 103FA(3)(a), (4) and (6) and 103J of this Act, and sections 348A(3)(a), (4) and (6) and 355 to 357 of the Sentencing Code”,

• (b) in paragraph (b), in the words before sub-paragraph (i)—

• (i) for “103A(1) and (2)” substitute “103A(1), (2) and (3A), and

• (ii) for the words from “and 103G” to “Sentencing Code” substitute “, 103FA(1), (2), (3)(b) and (5) to (9), 103FB and 103G to 103I of this Act, and sections 343 to 348, 348A(1), (2), (3)(b) and (5) to (9), 348B to 354 and 358 of the Sentencing Code”,

• (c) in paragraph (b)(i), after “paragraphs” insert “(ba), (bb)”,

• (d) after paragraph (b) insert—

(ba) if section 103CA applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 103CA(4)(c) (requirements included in order: report on compliance) to the appropriate chief officer of police is to be read as a reference to a Provost Marshal; (bb) if section 347A applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 347A(4)(c) of the Sentencing Code (requirements included in order: report on compliance) to the appropriate chief office of police is to be read as a reference to a Provost Marshal;

,

• (e) in paragraph (c), for “Provost Martial”, in both places it occurs, substitute “Provost Marshal”, and

• (f) in paragraph (c), after sub-paragraph (i) insert—

(ia) the reference in section 103E(2A) to a person mentioned in subsection (2)(b) to (d) is to be read as a reference to a Provost Marshal; (ib) the reference in section 350(3A) of the Sentencing Code to a person mentioned in subsection (2)(b) or (c) is to be read as a reference to a Provost Marshal;

.

Orders made in different parts of the United Kingdom

Enforcement of requirements of orders made in Scotland or Northern Ireland

180

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

• (2) In section 103I (offence: breach of SHPO or interim SHPO etc), after subsection (1) insert—

(1A) A person who, without reasonable excuse, fails to do something that the person is required to do by a sexual offences prevention order or an interim sexual offences prevention order commits an offence. (1B) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a relevant Scottish order, or (b) fails to do something that the person is required to do by a relevant Scottish order, commits an offence. (1C) In subsection (1B) “relevant Scottish order” means— (a) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or (b) an interim sexual harm prevention order made under section 21 of that Act.

• (3) In section 113 (offence: breach of SOPO or interim SOPO etc), after subsection (1ZA) insert—

(1ZB) A person commits an offence if, without reasonable excuse, the person— (a) contravenes a prohibition imposed by a relevant Scottish order other than a prohibition on foreign travel, or (b) fails to comply with a requirement imposed by a relevant Scottish order. (1ZC) In subsection (1ZB)— - “prohibition on foreign travel” has the meaning given by section 17(2) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22); - “relevant Scottish order” means—a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, oran interim sexual harm prevention order made under section 21 of that Act.

• (4) In section 122(1) (offence: breach of foreign travel order)—

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

• (b) at the end of paragraph (b) insert

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

• (5) In section 122H (offence: breach of sexual risk order or interim sexual risk order etc)—

• (a) in subsection (1) omit paragraphs (e) and (f), and

• (b) after subsection (1) insert—

(1A) A person who, without reasonable excuse, does anything that the person is required to do by a risk of sexual harm order that has been renewed or varied as mentioned in section 136ZJ(7) commits an offence. (1B) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a relevant Scottish order, or (b) fails to do something that the person is required to do by a relevant Scottish order, commits an offence. (1C) In subsection (1B) “relevant Scottish order” means— (a) a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or (b) an interim sexual risk order made under section 31 of that Act.

• (6) In section 128 (offence: breach of risk of sexual harm order or interim risk of sexual harm order etc)—

• (a) in subsection (1) omit paragraphs (e) and (f), and

• (b) after subsection (1A) (inserted by section 177) insert—

(1B) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a relevant Scottish order, or (b) fails to do something that the person is required to do by a relevant Scottish order, commits an offence. (1C) In subsection (1B) “relevant Scottish order” means— (a) a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or (b) an interim sexual risk order made under section 31 of that Act.

• (7) In section 136ZA (application of orders throughout the United Kingdom) in subsection (1)—

• (a) after paragraph (i) insert—

(ia) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22); (ib) an interim sexual harm prevention order made under section 21 of that Act; (ic) a sexual risk order made under section 27 of that Act; (id) an interim sexual risk order made under section 31 of that Act.

, and

• (b) omit paragraphs (j) and (k).

Effect of conviction for breach of Scottish order etc

181

• (1) In section 122I of the Sexual Offences Act 2003 (effect of conviction etc of an offence under section 122H etc)—

• (a) in subsection (2), omit paragraph (b),

• (b) after subsection (2) insert—

(2A) This section also applies to a person (“the defendant”) who— (a) is convicted of an offence mentioned in subsection (2B), (b) is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or (c) is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence. (2B) Those offences are— (a) an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland); (b) an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.

,

• (c) in subsection (6)—

• (i) in paragraph (a), for “or caution” substitute “, caution or acquittal”,

• (ii) in that paragraph, after “subsection (1)” insert “or (2A)”,

• (iii) in paragraph (b), for “or caution” substitute “, caution or acquittal”, and

• (iv) in that paragraph, after “subsection (1)” insert “or (2A)”,

• (d) after subsection (6) insert—

(6A) In subsection (6) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

, and

• (e) omit subsection (7).

• (2) In section 129 of the Sexual Offences Act 2003 (effect of conviction etc of an offence under section 128 etc)—

• (a) in subsection (1A), omit paragraph (b),

• (b) after subsection (1A) insert—

(1B) This section also applies to a person (“the defendant”) who— (a) is convicted of an offence mentioned in subsection (1C), (b) is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or (c) is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence. (1C) Those offences are— (a) an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland); (b) an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.

,

• (c) in subsection (5)—

• (i) in paragraph (a), for “or caution” substitute “, caution or acquittal”,

• (ii) in that paragraph, after “subsection (1)” insert “or (1B)”,

• (iii) in paragraph (b), for “or caution” substitute “, caution or acquittal”, and

• (iv) in that paragraph, after “subsection (1)” insert “or (1B)”,

• (d) after subsection (5) insert—

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

, and

• (e) omit subsection (6).

Orders superseding, or superseded by, Scottish orders

182

• (1) In section 349(2) of the Sentencing Code (making of sexual harm prevention order: effect on other orders)—

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

• (b) at the end of paragraph (b) insert

, or (c) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22),

.

• (2) Section 136ZB of the Sexual Offences Act 2003 (order ceases to have effect when new order made) is amended as follows.

• (3) In subsection (1), in the table—

• (a) in the entry relating to a sexual harm prevention order, in the second column, after “—foreign travel order” insert—

sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).

, and

• (b) in the entry relating to a sexual risk order, in the second column, after “—foreign travel order” insert—

sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

• (4) In subsection (2)—

• (a) in the words before the table—

• (i) omit “or Scotland”, and

• (ii) after “England and Wales” insert “or Scotland”, and

• (b) in the table—

• (i) in the entry relating to a sexual offences prevention order, in the second column, after “—in the case of a sexual harm prevention order containing a prohibition on foreign travel, each of its other prohibitions” insert—

sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel;in the case of a sexual harm prevention order made under section 11 or 12 of that Act containing a prohibition on foreign travel, each of its other prohibitions.

,

• (ii) in the entry relating to a foreign travel order, in the second column, after “—prohibition on foreign travel contained in a sexual harm prevention order” insert—

prohibition on foreign travel contained in a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

, and

• (iii) in the entry relating to a risk of sexual harm order, in the second column, after “—in the case of a sexual risk order containing a prohibition on foreign travel, each of its other prohibitions” insert—

sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel;in the case of a sexual risk order made under section 27 of that Act containing a prohibition on foreign travel, each of its other prohibitions.

• (5) After subsection (2) insert—

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

New order	Earlier order or prohibition
Sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016	sexual harm prevention order;sexual offences prevention order;foreign travel order.
Sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016	sexual risk order;risk of sexual harm order;foreign travel order.

• (6) In subsection (2A), after “subsection (2)” insert “or subsection (2ZA)”.

• (7) In subsection (3), omit paragraph (b).

Variation etc of order by court in another part of the United Kingdom

183

• (1) Schedule 18 contains amendments enabling a court in one part of the United Kingdom to vary, renew or discharge an order made in another.

• (2) In that Schedule—

• (a) Part 1 enables a court in Northern Ireland to renew or discharge orders made in England and Wales and to vary, renew or discharge orders made in Scotland;

• (b) Part 2 enables a court in Scotland to vary, renew or discharge orders made in England and Wales or Northern Ireland;

• (c) Part 3 enables a court in England and Wales to vary, renew or discharge orders made in Scotland or Northern Ireland.

CHAPTER 4 — Management of terrorist offenders

Terrorist offenders released on licence: arrest without warrant pending recall decision

184

• (1) After section 43A of the Terrorism Act 2000 insert—

(43B) (1) Subject to subsection (2), a constable may arrest without warrant a terrorist offender who has been released on licence if the constable— (a) has reasonable grounds for suspecting that the offender has breached a condition of their licence, and (b) reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to detain the offender until a recall decision is made. (2) A terrorist offender who is detained under this section must (unless recalled or otherwise detained under any other power) be released— (a) if a recall decision is made not to revoke the offender’s licence (and accordingly the offender is not recalled to prison), as soon as practicable after that decision is made, or (b) if a recall decision has not been made by the end of the relevant period, at the end of that period. (3) Part 1 of Schedule 8 makes provision that applies where a terrorist offender is arrested under this section. (4) In this section “terrorist offender” means— (a) an offender to whom a restricted release provision applies or would apply but for the fact that the offender has been released on licence; (b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act) who is serving a sentence for an offence within section 247A(2) of the Criminal Justice Act 2003; (c) a life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act) who is serving a sentence, or is subject to an order for lifelong restriction, for an offence within section 1AB(2) of that Act; (d) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order) who is serving a sentence for an offence within Article 20A(2) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)). (5) For the purposes of this section— (a) a reference to an offender who has been released on licence includes an offender who — (i) has been released temporarily pursuant to rules made under section 47(5) of the Prison Act 1952 or section 13(1)(c) of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)), or (ii) has been released temporarily on licence pursuant to rules made under section 39(6) of the Prisons (Scotland) Act 1989; (b) a reference to a condition of an offender’s licence includes a condition to which an offender’s temporary release is subject; (c) a reference to revocation of an offender’s licence includes recall of an offender from temporary release. (6) In this section— - “prison” includes any place where a person is liable to be detained; - “recall decision”, in relation to a terrorist offender who has been released on licence, means a decision by any person with the power to revoke the offender’s licence and recall the offender to prison whether or not to exercise that power; - the “relevant period” means—in relation to a terrorist offender who has been released on licence under the law of England and Wales, the period of 6 hours beginning with the time of the arrest under this section;in relation to a terrorist offender who has been released on licence under the law of Scotland or Northern Ireland, the period of 12 hours beginning with the time of the arrest under this section; - “restricted release provision” means—section 247A of the Criminal Justice Act 2003;section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993;Article 20A of the Criminal Justice (Northern Ireland) Order 2008. (7) A person who has the powers of a constable in one part of the United Kingdom may exercise the power under subsection (1) in any part of the United Kingdom.

• (2) In Schedule 8 to the Terrorism Act 2000 (detention)—

• (a) in the shoulder reference, for “Section 41” substitute “Sections 41 and 43B”;

• (b) in the heading for Part 1, after “41” insert “or 43B”;

• (c) in paragraph 1, in sub-paragraphs (1), (2) and (4), after “41” insert “or 43B”;

• (d) in paragraph 2, before sub-paragraph (1) insert—

(A1) This paragraph applies in the case of a person detained under Schedule 7 or section 41.

;

• (e) in paragraph 6—

• (i) in sub-paragraph (1), for the words from “Subject to” to “section 41” substitute “A person detained under Schedule 7 or section 41 or 43B”;

• (ii) after sub-paragraph (1) insert—

(1A) In the case of a person detained under Schedule 7 or section 41, sub-paragraph (1) is subject to paragraph 8.

;

• (f) in paragraph 7—

• (i) in sub-paragraph (1), for the words from “Subject to” to “section 41” substitute “A person detained under Schedule 7 or section 41 or 43B”;

• (ii) after sub-paragraph (1) insert—

(1A) Sub-paragraph (1) is subject— (a) in the case of a person detained under Schedule 7 or section 41, to paragraphs 8 and 9, and (b) in the case of a person detained under section 43B, to paragraph 9.

;

• (g) in paragraph 8, before sub-paragraph (1) insert—

(A1) This paragraph does not apply in the case of a person detained under section 43B (except for the purposes of paragraph 9(3)(a)).

;

• (h) after paragraph 13 insert—

(13A) No fingerprint, intimate sample or non-intimate sample may be taken from a person detained under section 43B.

;

• (i) in paragraph 16—

• (i) in sub-paragraph (1), after “41” insert “or 43B”;

• (ii) in sub-paragraphs (4) and (7), at the beginning insert “Where a person is detained under Schedule 7 or section 41,”;

• (j) in paragraph 18, in sub-paragraphs (1) and (2), after “41” insert “or 43B”.

Power to search terrorist offenders released on licence

185

After section 43B of the Terrorism Act 2000 insert—

(43C) (1) A constable may stop and search a terrorist offender who is within subsection (2) if the constable is satisfied that it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism. (2) A terrorist offender is within this subsection if— (a) the offender has been released on licence (and not recalled), and (b) the offender’s licence includes a search condition. (3) The power in subsection (1) may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access). (4) Subsection (5) applies if a constable, in exercising the power in subsection (1) to stop a terrorist offender, stops a vehicle (see section 116(2)). (5) The constable may search the vehicle and anything in or on it for purposes connected with protecting members of the public from a risk of terrorism. (6) Nothing in subsection (5) confers a power to search any person, but the power to search in that subsection is in addition to the power in subsection (1) to search a terrorist offender. (7) The power in subsection (1) to search a terrorist offender includes power to search anything carried by the offender. (8) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section. (9) In this section— - “search condition” means a condition requiring the offender to submit to a search of their person under this section; - “terrorist offender” has the same meaning as in section 43B. (10) A person who has the powers of a constable in one part of the United Kingdom may exercise a power under this section in any part of the United Kingdom.

Search of premises of offender released on licence for purposes connected with protection from risk of terrorism

186

After section 43C of the Terrorism Act 2000 insert—

(43D) (1) A justice may issue a warrant under this section if, on the application of a senior police officer of the relevant force, the justice is satisfied that the requirements in subsection (2) are met. (2) The requirements are— (a) that the person specified in the application is a relevant offender who has been released on licence (and not recalled), (b) that there are reasonable grounds for believing that the person resides, or may regularly be found, at premises (whether residential or otherwise) specified in the application, (c) that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for a constable to enter and search premises specified in the application, and (d) the occupier of the premises is unlikely to consent to a constable entering or searching the premises specified in the application. (3) A warrant under this section must specify each set of premises to which it relates (which are to be premises in relation to which the requirements in subsection (2)(b) to (d) are met). (4) A warrant under this section is a warrant that authorises a constable of the relevant force, for the purposes referred to in subsection (2)(c)— (a) to enter the premises to which it relates, and (b) to search the premises or, if the premises are multiple occupancy premises, the relevant parts of the premises. (5) A warrant under this section may— (a) authorise the constable executing it to use reasonable force if necessary to enter and search the premises; (b) authorise entry to, and search of, the premises on more than one occasion (whether on a certain number of occasions or without limit), so far as the justice who issues the warrant is satisfied that such authorisation is necessary for the purposes referred to in subsection (2)(c). (6) For the purposes of subsection (4)— (a) “multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside; (b) the reference to the “relevant parts” of multiple occupancy premises is to those parts of the premises to which the constable has reasonable grounds for believing that the person to whom the warrant relates has access. (7) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section. (8) In this section “relevant offender” means— (a) a prisoner to whom Chapter 6 of Part 12 of the Criminal Justice Act 2003 applies (release of fixed-term prisoners); (b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act); (c) a short-term prisoner, long-term prisoner or life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act); (d) a fixed-term prisoner within the meaning of Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (see Article 16 of that Order); (e) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order). (9) In this section— - “justice” means—a justice of the peace in England and Wales,a sheriff or summary sheriff in Scotland, ora lay magistrate in Northern Ireland; - “relevant force” means—if the premises specified in the application for the warrant are in England or Wales, the police force maintained for the police area in which those premises are situated,if those premises are in Scotland, the Police Service of Scotland, orif those premises are in Northern Ireland, the Police Service of Northern Ireland; - “senior police officer” means a constable of the rank of superintendent or above.

Powers of seizure and retention

187

After section 43D of the Terrorism Act 2000 insert—

(43E) (1) This section applies where a constable carries out— (a) a search of a terrorist offender under section 43C(1), (b) a search of a vehicle, or anything in or on a vehicle, under section 43C(5), or (c) a search of premises further to a warrant issued under section 43D. (2) A constable may seize anything that the constable finds in the course of the search if— (a) the constable reasonably suspects that— (i) the thing is or contains evidence in relation to an offence, and (ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed, or (b) the constable reasonably believes that it is necessary to do so for the purpose of ascertaining— (i) whether the offender has breached a condition of the offender’s licence, and (ii) if so, whether the breach affects the risk of terrorism to which members of the public are exposed. (3) Anything seized under subsection (2) may be— (a) subjected to tests; (b) retained for as long as is necessary in all the circumstances (but see subsection (5)). (4) In particular (and regardless of the ground on which the thing was seized)— (a) if a constable has reasonable grounds for believing that the thing is or contains evidence in relation to an offence, it may be retained— (i) for use as evidence at a trial for an offence, or (ii) for forensic examination or for investigation in connection with an offence; (b) if a constable has reasonable grounds for believing that the thing has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner. (5) Anything seized under subsection (2)(b) that is not retained as mentioned in subsection (4)(a) or (b) may be retained for a maximum period of 7 days beginning with the day after the day on which the thing is seized. (6) Nothing may be retained for either of the purposes mentioned in subsection (4)(a) if a photograph or copy would be sufficient for that purpose. (7) In this section “offender” means— (a) in relation to a search under section 43C, the terrorist offender to whom the search relates; (b) in relation to a search under section 43D, the relevant offender in relation to whom the warrant authorising the search was issued. (8) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.

Sections 184 to 187: consequential provision

188

Schedule 19 makes provision that is consequential on sections 184 to 187.

Arrangements for assessing etc risks posed by certain offenders

189

• (1) Section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders) is amended in accordance with subsections (2) to (6).

• (2) In subsection (1), in the definition of “relevant sexual or violent offender”, for “has the meaning” substitute “and “relevant terrorist offender” have the meanings”.

• (3) In subsection (2)—

• (a) for the “and” at the end of paragraph (a) substitute—

(aa) relevant terrorist offenders,

• (b) at the end of paragraph (b) insert

, and (c) other persons who have committed offences (wherever committed) and are considered by the responsible authority to be persons who may be at risk of involvement in terrorism-related activity.

• (4) For subsection (4) substitute—

(4) A person to whom subsection (4A) applies may, for the purpose described in subsection (2), disclose information to another person to whom subsection (4A) applies. (4A) This subsection applies to— (a) the responsible authority, (b) a person specified in subsection (6), and (c) a person who the responsible authority considers may contribute to the achievement of the purpose described in subsection (2). (4B) A disclosure under subsection (4) does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (4C) But subsection (4) does not authorise a disclosure of information that— (a) would contravene the data protection legislation (but in determining whether it would do so, the power in that subsection is to be taken into account), or (b) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (4D) Subsection (4E) applies if a person who may disclose or receive information by virtue of subsection (4) would not otherwise be a competent authority for the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) in relation to the processing by that person of personal data by virtue of that subsection. (4E) The person is to be treated as a competent authority for the purposes of that Part in relation to the processing by that person of personal data by virtue of subsection (4). (4F) But subsection (4E) does not apply to an intelligence service within the meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of that Act). (4G) Subsections (4) to (4F) do not affect any power to disclose information apart from that conferred by subsection (4).

• (5) In subsection (6), in the opening words, after “(3)” insert “, (4A)(b)”.

• (6) In subsection (9), at the appropriate places insert—

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

;

• “involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act);

;

• “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);

;

• “processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act);

.

• (7) Section 327 of the Criminal Justice Act 2003 (interpretation of section 325) is amended in accordance with subsections (8) to (10).

• (8) In subsection (3)—

• (a) in paragraph (a)—

• (i) for “is” substitute “has been”, and

• (ii) after “specified in” insert “Part 1 or 2 of”, and

• (b) in paragraph (b)—

• (i) in the words before sub-paragraph (i), for “is” substitute “was”,

• (ii) in sub-paragraph (i), for “for a term of 12 months or more” substitute “that is not for a term of less than 12 months”, and

• (iii) after sub-paragraph (v) insert—

(va) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 272 or 275 of the Sentencing Code,

.

• (9) In subsection (4)(a), after “specified in” insert “Part 1 or 2 of”.

• (10) After subsection (4A) insert—

(4B) For the purposes of section 325, a person is a relevant terrorist offender if the person falls within one or both of subsections (4C) and (4D). (4C) A person falls within this subsection if the person is subject to the notification requirements of Part 4 of the Counter-Terrorism Act 2008. (4D) A person falls within this subsection if the person has been convicted of and sentenced for a relevant terrorist offence, or otherwise dealt within in relation to such an offence, as described in— (a) paragraph (a) or (b) of section 45(1) of the Counter-Terrorism Act 2008, (b) paragraph (a) or (b) of section 45(2) of that Act, (c) paragraph (a) or (b) of section 45(3) of that Act, or (d) paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act. (4E) For the purposes of subsection (4D)— (a) any reference in the Counter-Terrorism Act 2008 to an offence to which Part 4 of that Act applies is to be read as if it were a reference to a relevant terrorist offence, and (b) any reference in that Act to a hospital order is to be read as if it included a guardianship order within the meaning of the Mental Health Act 1983 or the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)). (4F) In subsections (4D) and (4E) “relevant terrorist offence” means— (a) an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years), (b) a service offence as respects which the corresponding civil offence is so specified, or (c) an offence which was determined to have a terrorist connection (see subsection (4G)); and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act). (4G) For the purposes of subsection (4F)(c), an offence was determined to have a terrorist connection if it was— (a) determined to have a terrorist connection under— (i) section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006), (ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now capable of posing a risk in an area in England and Wales), or (iii) section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or (b) proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now capable of posing a risk in an area in England and Wales).

CHAPTER 5 — Football banning orders

Football banning orders: relevant offences

190

• (1) The Football Spectators Act 1989 is amended as follows.

• (2) Schedule 1 (football banning orders: relevant offences) is amended in accordance with subsections (3) to (7).

• (3) In paragraph 1(c) (certain offences under the Public Order Act 1986 committed at premises)—

• (a) after “any offence under section” insert “4,”, and

• (b) before “harassment” insert “fear or provocation of violence, or”.

• (4) In paragraph 1(k) (certain offences under the Public Order Act 1986 committed on a journey to or from a football match)—

• (a) after “any offence under section” insert “4,”, and

• (b) before “harassment” insert “fear or provocation of violence, or”.

• (5) In paragraph 1(q) (certain offences under the Public Order Act 1986 which the court declares to be related to a football match)—

• (a) after “any offence under section” insert “4,”,

• (b) before “harassment” insert “fear or provocation of violence, or”, and

• (c) omit “or any provision of Part 3 or 3A of that Act (hatred by reference to race etc)”.

• (6) In paragraph 1, after paragraph (u) insert—