Crime and Disorder Act 1998

20 Sex offender orders. S

(1) An application for an order under this section may be made by a chief constable if it appears to him that the conditions mentioned in subsection (2) below are fulfilled with respect to any person in the area of his police force.

(2) The conditions are—

(a) that the person in respect of whom the application for the order is made is—

(i) of or over the age of 16 years; and

(ii) a sex offender; and

(b) that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect the public from serious harm from him.

(3) An application under subsection (1) above shall be made by summary application to the sheriff within whose sheriffdom the person is alleged to have acted as mentioned in subsection (2)(b) above.

(4) On an application under subsection (1) above the sheriff may—

(a) pending the determination of the application, make any such interim order as he considers appropriate; and

(b) if he is satisfied that the conditions mentioned in subsection (2) above are fulfilled, make an order under this section (“a sex offender order”) which prohibits the person in respect of whom it is made from doing anything described in the order.

(5) The prohibitions that may be imposed by an order made under subsection (4) above are those necessary for the purpose of protecting the public from serious harm from the person in respect of whom the order is made.

(6) While a sex offender order has effect, Part I of the M1 Sex Offenders Act 1997 shall have effect as if—

(a) the person in respect of whom the order has been obtained were subject to the notification requirements of that Part; and

(b) in relation to that person, the relevant date (within the meaning of that Part) were the date on which the copy of the order was given or delivered to that person in accordance with subsections (8) and (9) of section 21 below.

(7) Section 3 above applies for the purposes of this section as it applies for the purposes of section 2 above with the following modifications—

(a) any reference in that section to the defendant shall be construed as a reference to the person in respect of whom the order is sought; and

(b) in subsection (2) of that section, the reference to subsection (1) of the said section 2 shall be construed as a reference to subsection (2)(b) of this section.

(8) A constable may arrest without warrant a person whom he reasonably suspects of doing, or having done, anything prohibited by an order under subsection (4)(a) above or a sex offender order.

Marginal Citations

M1 1997 c.51.