Sexual Offences Act 2003

Part 1 E+W+N.I. Sexual Offences

Rape E+W

1 Rape E+W

(1) A person (A) commits an offence if—

(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

(b) B does not consent to the penetration, and

(c) A does not reasonably believe that B consents.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Assault E+W

2 Assault by penetration E+W

(1) A person (A) commits an offence if—

(a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,

(b) the penetration is sexual,

(c) B does not consent to the penetration, and

(d) A does not reasonably believe that B consents.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

3 Sexual assault E+W

(1) A person (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual,

(c) B does not consent to the touching, and

(d) A does not reasonably believe that B consents.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Causing sexual activity without consent E+W

4 Causing a person to engage in sexual activity without consent E+W

(1) A person (A) commits an offence if—

(a) he intentionally causes another person (B) to engage in an activity,

(b) the activity is sexual,

(c) B does not consent to engaging in the activity, and

(d) A does not reasonably believe that B consents.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section, if the activity caused involved—

(a) penetration of B’s anus or vagina,

(b) penetration of B’s mouth with a person’s penis,

(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d) penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(5) Unless subsection (4) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Rape and other offences against children under 13 E+W

5 Rape of a child under 13 E+W

(1) A person commits an offence if—

(a) he intentionally penetrates the vagina, anus or mouth of another person with his penis, and

(b) the other person is under 13.

(2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

6 Assault of a child under 13 by penetration E+W

(1) A person commits an offence if—

(a) he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,

(b) the penetration is sexual, and

(c) the other person is under 13.

(2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

7 Sexual assault of a child under 13 E+W

(1) A person commits an offence if—

(a) he intentionally touches another person,

(b) the touching is sexual, and

(c) the other person is under 13.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

8 Causing or inciting a child under 13 to engage in sexual activity E+W

(1) A person commits an offence if—

(a) he intentionally causes or incites another person (B) to engage in an activity,

(b) the activity is sexual, and

(c) B is under 13.

(2) A person guilty of an offence under this section, if the activity caused or incited involved—

(a) penetration of B’s anus or vagina,

(b) penetration of B’s mouth with a person’s penis,

(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d) penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

Child sex offences E+W

9 Sexual activity with a child E+W

(1) A person aged 18 or over (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual, and

(c) either—

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section, if the touching involved—

(a) penetration of B’s anus or vagina with a part of A’s body or anything else,

(b) penetration of B’s mouth with A’s penis,

(c) penetration of A’s anus or vagina with a part of B’s body, or

(d) penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

10 Causing or inciting a child to engage in sexual activity E+W

(1) A person aged 18 or over (A) commits an offence if—

(a) he intentionally causes or incites another person (B) to engage in an activity,

(b) the activity is sexual, and

(c) either—

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section, if the activity caused or incited involved—

(a) penetration of B’s anus or vagina,

(b) penetration of B’s mouth with a person’s penis,

(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d) penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

11 Engaging in sexual activity in the presence of a child E+W

(1) A person aged 18 or over (A) commits an offence if—

(a) he intentionally engages in an activity,

(b) the activity is sexual,

(c) for the purpose of obtaining sexual gratification, he engages in it—

(i) when another person (B) is present or is in a place from which A can be observed, and

(ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and

(d) either—

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

12 Causing a child to watch a sexual act E+W

(1) A person aged 18 or over (A) commits an offence if—

(a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b) the activity is sexual, and

(c) either—

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

13 Child sex offences committed by children or young persons E+W

(1) A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

14 Arranging or facilitating commission of a child sex offence E+W

(1) A person commits an offence if—

(a) he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and

(b) doing it will involve the commission of an offence under any of sections [F1 5] to 13.

(2) A person does not commit an offence under this section if—

(a) he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do, and

(b) any offence within subsection (1)(b) would be an offence against a child for whose protection he acts.

(3) For the purposes of subsection (2), a person acts for the protection of a child if he acts for the purpose of—

(a) protecting the child from sexually transmitted infection,

(b) protecting the physical safety of the child,

(c) preventing the child from becoming pregnant, or

(d) promoting the child’s emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child’s participation in it.

(4) A person guilty of an offence under this section is liable [F2 to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b)].

Textual Amendments

F1 Word in s. 14(1)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 46(2), 208(1); S.I. 2022/520, reg. 5(d)

F2 Words in s. 14(4) substituted for s. 14(4)(a)(b) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 46(3), 208(1); S.I. 2022/520, reg. 5(d)

15 Meeting a child following sexual grooming etc. E+W

[F3 (1) A person aged 18 or over (A) commits an offence if—

[F4 (a) A has met or communicated with another person (B) [F5 on one or more occasions] and subsequently—

(i) A intentionally meets B,

(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or

(iii) B travels with the intention of meeting A in any part of the world,

(b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,]

(c) B is under 16, and

(d) A does not reasonably believe that B is 16 or over.

(2) In subsection (1)—

(a) the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world;

(b) “relevant offence” means—

(i) an offence under this Part,

(ii) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) anything done outside England and Wales F7 . . . which is not an offence within sub-paragraph (i) F7 . . . but would be an offence within sub-paragraph (i) if done in England and Wales.

(3) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.]

Textual Amendments

F3 S. 15 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(a), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

F4 S. 15(1)(a)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(7), Sch. 15 para. 1; S.I. 2008/1586, art. 2, Sch. 1 para. 35 (subject to Sch. 2)

F5 Words in s. 15(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 36(1), 95(1) (with s. 36(2)); S.I. 2015/778, art. 3, Sch. 1 para. 30

F6 S. 15(2)(b)(ii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(2); S.I. 2008/510, art. 2

F7 Words in s. 15(2)(b)(iii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(3); S.I. 2008/510, art. 2

F8 S. 15(3) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(4); S.I. 2008/510, art. 2

[F9 15A Sexual communication with a child E+W

(1) A person aged 18 or over (A) commits an offence if—

(a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),

(b) the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and

(c) B is under 16 and A does not reasonably believe that B is 16 or over.

(2) For the purposes of this section, a communication is sexual if—

(a) any part of it relates to sexual activity, or

(b) a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual;

and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding [F10 the general limit in a magistrates’ court] or a fine or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.]

Textual Amendments

F9 S. 15A inserted (E.W.) (3.4.2017) by Serious Crime Act 2015 (c. 9), ss. 67, 88(1) (with s. 86(14)(15)); S.I. 2017/451, reg. 2

F10 Words in s. 15A(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

Abuse of position of trust E+W

16 Abuse of position of trust: sexual activity with a child E+W

[F11 (1) A person aged 18 or over (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual,

(c) A is in a position of trust in relation to B,

(d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

(e) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) This subsection applies where A—

(a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b) is not in such a position of trust by virtue of other circumstances.

(3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(4) Where in proceedings for an offence under this section—

(a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b) it is not proved that he was in such a position of trust by virtue of other circumstances,

it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.]

Textual Amendments

F11 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

17 Abuse of position of trust: causing or inciting a child to engage in sexual activity E+W

[F12 (1) A person aged 18 or over (A) commits an offence if—

(a) he intentionally causes or incites another person (B) to engage in an activity,

(b) the activity is sexual,

(c) A is in a position of trust in relation to B,

(d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

(e) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) This subsection applies where A—

(a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b) is not in such a position of trust by virtue of other circumstances.

(3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(4) Where in proceedings for an offence under this section—

(a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b) it is not proved that he was in such a position of trust by virtue of other circumstances,

it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.]

Textual Amendments

F12 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

18 Abuse of position of trust: sexual activity in the presence of a child E+W

[F13 (1) A person aged 18 or over (A) commits an offence if—

(a) he intentionally engages in an activity,

(b) the activity is sexual,

(c) for the purpose of obtaining sexual gratification, he engages in it—

(i) when another person (B) is present or is in a place from which A can be observed, and

(ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,

(d) A is in a position of trust in relation to B,

(e) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

(f) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) This subsection applies where A—

(a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b) is not in such a position of trust by virtue of other circumstances.

(3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(4) Where in proceedings for an offence under this section—

(a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b) it is not proved that he was in such a position of trust by virtue of other circumstances,

it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.]

Textual Amendments

F13 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

19 Abuse of position of trust: causing a child to watch a sexual act E+W

[F14 (1) A person aged 18 or over (A) commits an offence if—

(a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b) the activity is sexual,

(c) A is in a position of trust in relation to B,

(d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

(e) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) This subsection applies where A—

(a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b) is not in such a position of trust by virtue of other circumstances.

(3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(4) Where in proceedings for an offence under this section—

(a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b) it is not proved that he was in such a position of trust by virtue of other circumstances,

it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.]

Textual Amendments

F14 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

20 Abuse of position of trust: acts done in Scotland E+W

[F15 Anything which, if done in England and Wales F16 . . . , would constitute an offence under any of sections 16 to 19 also constitutes that offence if done in Scotland [F17 or Northern Ireland].]

Textual Amendments

F15 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

F16 Words in s. 20 omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 5(2); S.R. 2008/510, art. 2

F17 Words in s. 20 inserted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 5(3); S.R. 2008/510, art. 2

21 Positions of trust E+W

[F18 (1) For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—

(a) any of the following subsections applies, or

(b) any condition specified in an order made by the Secretary of State is met.

(2) This subsection applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution.

(3) This subsection applies if A looks after persons under 18 who are resident in a home or other place in which—

(a) accommodation and maintenance are provided by an authority [F19 in accordance with section 22C(6)] of the Children Act 1989 (c. 41) [F20 or section 81(6) of the Social Services and Well-being (Wales) Act 2014] F21 ..., or

(b) accommodation is provided by a voluntary organisation under section 59(1) of [F22 the Children Act 1989] F23 ...,

and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.

(4) This subsection applies if A looks after persons under 18 who are accommodated and cared for in one of the following institutions—

(a) a hospital,

(b) [F24 in Wales,] an independent clinic,

(c) a care home, F25 ...

(d) a community home, voluntary home or children’s home, [F26 or]

(e) a home provided under section 82(5) of the Children Act 1989, F27 ...

F28 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29 (g) a place in Wales at which a care home service is provided,]

[F30 (h) premises in Wales at which a secure accommodation service is provided,]

and B is accommodated and cared for in that institution.

(5) This subsection applies if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution.

F31 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under—

(a) sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or

[F32 (b) section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,]

and, in that capacity, looks after B on an individual basis.

(8) This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—

(a) in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41) [F33 or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014], F34 ...

F34 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 F35 ... on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).

(10) This subsection applies if A is a personal adviser appointed for B under—

(a) section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, F36 ... [F37 or]

[F38 (aa) section 106(1) of the Social Services and Well-being (Wales) Act 2014 in respect of category 1 or 2 young persons within the meaning of that Act,]

F36 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, in that capacity, looks after B on an individual basis.

(11) This subsection applies if—

(a) B is subject to a care order, a supervision order or an education supervision order, and

(b) in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis.

(12) This subsection applies if A—

(a) is an officer of the Service [F39 or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004)] appointed for B under section 41(1) of the Children Act 1989,

(b) is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), F40 ...

(c) is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) F41 ..., [F42 or]

[F43 (d) is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),]

and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means).

(13) This subsection applies if—

(a) B is subject to requirements imposed by or under an enactment on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and

(b) A looks after B on an individual basis in pursuance of the requirements.]

Textual Amendments

F18 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

F19 Words in s. 21(3)(a) substituted (E.W.) (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44(4), Sch. 1 para. 15; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F20 Words in s. 21(3)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(a)

F21 Words in s. 21(3)(a) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(a); S.R. 2008/510, art. 2

F22 Words in s. 21(3)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(b)

F23 Words in s. 21(3)(b) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(b); S.R. 2008/510, art. 2

F24 Words in s. 21(4)(b) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(2)

F25 Words in s. 21(4)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(a); S.R. 2008/510, art. 2

F26 Word in s. 21(4)(d) inserted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(b); S.R. 2008/510, art. 2

F27 Word in s. 21(4)(e) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(c); S.R. 2008/510, art. 2

F28 S. 21(4)(f) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(d); S.R. 2008/510, art. 2

F29 S. 21(4)(g) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 21

F30 S. 21(4)(h) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 24

F31 S. 21(6) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(4); S.R. 2008/510, art. 2

F32 S. 21(7)(b) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 169(1), 173(4), Sch. 1 para. 81; S.I. 2008/3077, art. 4(g)

F33 Words in s. 21(8)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(c)

F34 S. 21(8)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(5); S.R. 2008/510, art. 2

F35 Words in s. 21(9) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(6); S.R. 2008/510, art. 2

F36 S. 21(10)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(7); S.R. 2008/510, art. 2

F37 Word in s. 21(10)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(d)

F38 S. 21(10)(aa) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(e)

F39 Words in s. 21(12)(a) inserted (E.W.) (1.4.2005) by Children Act 2004 (c. 31), ss. 40, 67, Sch. 3 para. 18; S.I. 2005/700, art. 2(2)

F40 Word in s. 21(12)(b) omitted (6.4.2011) by virtue of The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(a)

F41 Words in s. 21(12)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(8); S.R. 2008/510, art. 2

F42 Word in s. 21(12)(c) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(b)

F43 S. 21(12)(d) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(c)

22 Positions of trust: interpretation E+W

[F44 (1) The following provisions apply for the purposes of section 21.

(2) Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.

(3) A person (A) looks after another person (B) on an individual basis if—

(a) A is regularly involved in caring for, training or supervising B, and

(b) in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means).

(4) A person receives education at an educational institution if—

(a) he is registered or otherwise enrolled as a pupil or student at the institution, or

(b) he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.

(5) In section 21—

• “authority”—

  (a)

  in relation to England and Wales, means a local authority;

  (b)

  F45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “care home” means an establishment [F46 in England] which is a care home for the purposes of the Care Standards Act 2000 (c. 14);

• [F47 “care home service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);]

• “care order” has—

  (a)

  in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41); F48 . . .

  (b)

  F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “children’s home” has—

  (a)

  in relation to England F49 ..., the meaning given by section 1 of the Care Standards Act 2000; F50 . . .

  (b)

  F50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “community home” has [F51 , in relation to England] the meaning given by section 53 of the Children Act 1989;

• “education supervision order” has—

  (a)

  in relation to England and Wales, the meaning given by section 36 of the Children Act 1989; F52 . . .

  (b)

  F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F53 “hospital” means—

  (a)

  a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or

  (b)

  any other establishment—

  (i)

  in England, in which any of the services listed in subsection (6) are provided; and

  (ii)

  in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;]

• “independent clinic” has—

  (a)

  F54 . . . the meaning given by section 2 of the Care Standards Act 2000;

  (b)

  F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F57 “secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;]

• “supervision order” has—

  (a)

  in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41); F58 . . .

  (b)

  F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “voluntary home” has—

  (a)

  in relation to England F59 . . . , the meaning given by section 60(3) of the Children Act 1989. F60 . . .

  (b)

  F60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F61 (6) The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows—

(a) medical treatment under anaesthesia or intravenously administered sedation;

(b) dental treatment under general anaesthesia;

(c) obstetric services and, in connection with childbirth, medical services;

(d) termination of pregnancies;

(e) cosmetic surgery, other than—

(i) ear and body piercing;

(ii) tattooing;

(iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or

(iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.]]

Textual Amendments

F44 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

F45 S. 22(5): paragraph (b) of the definition of "authority" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(a); S.R. 2008/510, art. 2

F46 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(a)

F47 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(b)

F48 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "care order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(b); S.R. 2008/510, art. 2

F49 Words in s. 22(5) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(c)

F50 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "children's home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(c); S.R. 2008/510, art. 2

F51 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(d)

F52 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "education supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(d); S.R. 2008/510, art. 2

F53 S. 22(5): definition of "hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(i)

F54 S. 22(5): words in definition of "independent clinic" omitted (1.10.2010) by virtue of The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(ii)

F55 S. 22(5): paragraph (b) of the definition of "independent clinic" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(f); S.R. 2008/510, art. 2

F56 S. 22(5): definitions of "private hospital", "residential care home" and "residential family centre" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(g); S.R. 2008/510, art. 2

F57 Words in s. 22(5) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 25

F58 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(h); S.R. 2008/510, art. 2

F59 Words in s. 22(5) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(e)

F60 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "voluntary home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(i); S.R. 2008/510, art. 2

F61 S. 22(6) added (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/81), art. 13(3)(b)

[F62 22A Further positions of trust E+W

(1) For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—

(a) A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and

(b) A knows that they coach, teach, train, supervise or instruct B, on a regular basis, in that sport or religion.

(2) In subsection (1)—

• “sport” includes—

  (a)

  any game in which physical skill is the predominant factor, and

  (b)

  any form of physical recreation which is also engaged in for purposes of competition or display;

• “religion” includes—

  (a)

  a religion which involves belief in more than one god, and

  (b)

  a religion which does not involve belief in a god.

(3) This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21.

(4) The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.]

Textual Amendments

F62 S. 22A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 47(2), 208(5)(c)

23 Sections 16 to 19: [F63 exception for spouses and civil partners] E+W

[F64 (1) Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if at the time —

(a) B is 16 or over, and

(b) A and B are lawfully married [F65 or civil partners of each other].

(2) In proceedings for such an offence it is for the defendant to prove that A and B [F66 were at the time lawfully married or civil partners of each other].]

Textual Amendments

F63 S. 23: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 173(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

F64 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

F65 Words in s. 23(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 173(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

F66 Words in s. 23(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 173(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

24 Sections 16 to 19: sexual relationships which pre-date position of trust E+W

[F67 (1) Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if, immediately before the position of trust arose, a sexual relationship existed between A and B.

(2) Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.

(3) In proceedings for an offence under any of sections 16 to 19 it is for the defendant to prove that such a relationship existed at that time.]

Textual Amendments

F67 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

Familial child sex offences E+W

25 Sexual activity with a child family member E+W

(1) A person (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual,

(c) the relation of A to B is within section 27,

(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(3) Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.

(4) A person guilty of an offence under this section, if aged 18 or over at the time of the offence, is liable—

(a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;

(b) in any other case—

(i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(5) Unless subsection (4) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(6) This subsection applies where the touching involved—

(a) penetration of B’s anus or vagina with a part of A’s body or anything else,

(b) penetration of B’s mouth with A’s penis,

(c) penetration of A’s anus or vagina with a part of B’s body, or

(d) penetration of A’s mouth with B’s penis.

26 Inciting a child family member to engage in sexual activity E+W

(1) A person (A) commits an offence if—

(a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A,

(b) the touching is sexual,

(c) the relation of A to B is within section 27,

(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(3) Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.

(4) A person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable—

(a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;

(b) in any other case—

(i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(5) Unless subsection (4) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(6) This subsection applies where the touching to which the incitement related involved—

(a) penetration of B’s anus or vagina with a part of A’s body or anything else,

(b) penetration of B’s mouth with A’s penis,

(c) penetration of A’s anus or vagina with a part of B’s body, or

(d) penetration of A’s mouth with B’s penis.

27 Family relationships E+W

(1) The relation of one person (A) to another (B) is within this section if—

(a) it is within any of subsections (2) to (4), or

(b) it would be within one of those subsections but for [F68 section 39 of the Adoption Act 1976 or] section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption).

(2) The relation of A to B is within this subsection if—

(a) one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or

(b) A is or has been B’s foster parent.

(3) The relation of A to B is within this subsection if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and—

(a) one of them is or has been the other’s step-parent,

(b) A and B are cousins,

(c) one of them is or has been the other’s stepbrother or stepsister, or

(d) the parent or present or former foster parent of one of them is or has been the other’s foster parent.

(4) The relation of A to B is within this subsection if—

(a) A and B live in the same household, and

(b) A is regularly involved in caring for, training, supervising or being in sole charge of B.

(5) For the purposes of this section—

(a) “aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning;

(b) “cousin” means the child of an aunt or uncle;

(c) a person is a child’s foster parent if

[F69 (i) he is a person with whom the child has been placed under section 22C of the Children Act 1989 in a placement falling within subsection (6)(a) or (b) of that section (placement with local authority foster parent),

(ia) he is a person with whom the child has been placed under section 59(1)(a) of that Act (placement by voluntary organisation),]

[F70 (ib) he is a person with whom the child has been placed under section 81 of the Social Services and Well-being (Wales) Act 2014 in a placement falling within subsection (6)(a) or (b) of that section (placement with a local authority foster parent),]

(ii) he fosters the child privately, within the meaning given by section 66(1)(b) of that Act;

(d) a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship;

(e) “step-parent” includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner.

Textual Amendments

F68 Words in s. 27(1)(b) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 3

F69 S. 27(5)(c)(i)(ia) substituted for s. 27(5)(c)(i) (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 16; S.I. 2010/2981, art. 4(e); S.I. 2016/452, art. 2(b)

F70 S. 27(5)(c)(ib) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 203

28 Sections 25 and 26: [F71 exception for spouses and civil partners] E+W

(1) Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if at the time—

(a) B is 16 or over, and

(b) A and B are lawfully married [F72 or civil partners of each other].

(2) In proceedings for such an offence it is for the defendant to prove that A and B [F73 were at the time lawfully married or civil partners of each other].

Textual Amendments

F71 S. 28: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

F72 Words in s. 28(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

F73 Words in s. 28(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

29 Sections 25 and 26: sexual relationships which pre-date family relationships E+W

(1) Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if—

(a) the relation of A to B is not within subsection (2) of section 27,

(b) it would not be within that subsection if [F74 section 39 of the Adoption Act 1976 or] section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and

(c) immediately before the relation of A to B first became such as to fall within section 27, a sexual relationship existed between A and B.

(2) Subsection (1) does not apply if at the time referred to in subsection (1)(c) sexual intercourse between A and B would have been unlawful.

(3) In proceedings for an offence under section 25 or 26 it is for the defendant to prove the matters mentioned in subsection (1)(a) to (c).

Textual Amendments

F74 Words in s. 29(1)(b) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 4

Offences against persons with a mental disorder impeding choice E+W

30 Sexual activity with a person with a mental disorder impeding choice E+W

(1) A person (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual,

(c) B is unable to refuse because of or for a reason related to a mental disorder, and

(d) A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(2) B is unable to refuse if—

(a) he lacks the capacity to choose whether to agree to the touching (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of what is being done, or for any other reason), or

(b) he is unable to communicate such a choice to A.

(3) A person guilty of an offence under this section, if the touching involved—

(a) penetration of B’s anus or vagina with a part of A’s body or anything else,

(b) penetration of B’s mouth with A’s penis,

(c) penetration of A’s anus or vagina with a part of B’s body, or

(d) penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(4) Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

31 Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity E+W

(1) A person (A) commits an offence if—

(a) he intentionally causes or incites another person (B) to engage in an activity,

(b) the activity is sexual,

(c) B is unable to refuse because of or for a reason related to a mental disorder, and

(d) A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(2) B is unable to refuse if—

(a) he lacks the capacity to choose whether to agree to engaging in the activity caused or incited (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of the activity, or for any other reason), or

(b) he is unable to communicate such a choice to A.

(3) A person guilty of an offence under this section, if the activity caused or incited involved—

(a) penetration of B’s anus or vagina,

(b) penetration of B’s mouth with a person’s penis,

(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d) penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(4) Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

32 Engaging in sexual activity in the presence of a person with a mental disorder impeding choice E+W

(1) A person (A) commits an offence if—

(a) he intentionally engages in an activity,

(b) the activity is sexual,

(c) for the purpose of obtaining sexual gratification, he engages in it—

(i) when another person (B) is present or is in a place from which A can be observed, and

(ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,

(d) B is unable to refuse because of or for a reason related to a mental disorder, and

(e) A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(2) B is unable to refuse if—

(a) he lacks the capacity to choose whether to agree to being present (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or

(b) he is unable to communicate such a choice to A.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

33 Causing a person, with a mental disorder impeding choice, to watch a sexual act E+W

(1) A person (A) commits an offence if—

(a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b) the activity is sexual,

(c) B is unable to refuse because of or for a reason related to a mental disorder, and

(d) A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(2) B is unable to refuse if—

(a) he lacks the capacity to choose whether to agree to watching or looking (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or

(b) he is unable to communicate such a choice to A.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Inducements etc. to persons with a mental disorder E+W

34 Inducement, threat or deception to procure sexual activity with a person with a mental disorder E+W

(1) A person (A) commits an offence if—

(a) with the agreement of another person (B) he intentionally touches that person,

(b) the touching is sexual,

(c) A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose,

(d) B has a mental disorder, and

(e) A knows or could reasonably be expected to know that B has a mental disorder.

(2) A person guilty of an offence under this section, if the touching involved—

(a) penetration of B’s anus or vagina with a part of A’s body or anything else,

(b) penetration of B’s mouth with A’s penis,

(c) penetration of A’s anus or vagina with a part of B’s body, or

(d) penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

35 Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception E+W

(1) A person (A) commits an offence if—

(a) by means of an inducement offered or given, a threat made or a deception practised by him for this purpose, he intentionally causes another person (B) to engage in, or to agree to engage in, an activity,

(b) the activity is sexual,

(c) B has a mental disorder, and

(d) A knows or could reasonably be expected to know that B has a mental disorder.

(2) A person guilty of an offence under this section, if the activity caused or agreed to involved—

(a) penetration of B’s anus or vagina,

(b) penetration of B’s mouth with a person’s penis,

(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d) penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

36 Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder E+W

(1) A person (A) commits an offence if—

(a) he intentionally engages in an activity,

(b) the activity is sexual,

(c) for the purpose of obtaining sexual gratification, he engages in it—

(i) when another person (B) is present or is in a place from which A can be observed, and

(ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,

(d) B agrees to be present or in the place referred to in paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,

(e) B has a mental disorder, and

(f) A knows or could reasonably be expected to know that B has a mental disorder.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

37 Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception E+W

(1) A person (A) commits an offence if—

(a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b) the activity is sexual,

(c) B agrees to watch or look because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,

(d) B has a mental disorder, and

(e) A knows or could reasonably be expected to know that B has a mental disorder.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Care workers for persons with a mental disorder E+W

38 Care workers: sexual activity with a person with a mental disorder E+W

(1) A person (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual,

(c) B has a mental disorder,

(d) A knows or could reasonably be expected to know that B has a mental disorder, and

(e) A is involved in B’s care in a way that falls within section 42.

(2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(3) A person guilty of an offence under this section, if the touching involved—

(a) penetration of B’s anus or vagina with a part of A’s body or anything else,

(b) penetration of B’s mouth with A’s penis,

(c) penetration of A’s anus or vagina with a part of B’s body, or

(d) penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(4) Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

39 Care workers: causing or inciting sexual activity E+W

(1) A person (A) commits an offence if—

(a) he intentionally causes or incites another person (B) to engage in an activity,

(b) the activity is sexual,

(c) B has a mental disorder,

(d) A knows or could reasonably be expected to know that B has a mental disorder, and

(e) A is involved in B’s care in a way that falls within section 42.

(2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(3) A person guilty of an offence under this section, if the activity caused or incited involved—

(a) penetration of B’s anus or vagina,

(b) penetration of B’s mouth with a person’s penis,

(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d) penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(4) Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

40 Care workers: sexual activity in the presence of a person with a mental disorder E+W

(1) A person (A) commits an offence if—

(a) he intentionally engages in an activity,

(b) the activity is sexual,

(c) for the purpose of obtaining sexual gratification, he engages in it—

(i) when another person (B) is present or is in a place from which A can be observed, and

(ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,

(d) B has a mental disorder,

(e) A knows or could reasonably be expected to know that B has a mental disorder, and

(f) A is involved in B’s care in a way that falls within section 42.

(2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.

41 Care workers: causing a person with a mental disorder to watch a sexual act E+W

(1) A person (A) commits an offence if—

(a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b) the activity is sexual,

(c) B has a mental disorder,

(d) A knows or could reasonably be expected to know that B has a mental disorder, and

(e) A is involved in B’s care in a way that falls within section 42.

(2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.

42 Care workers: interpretation E+W

(1) For the purposes of sections 38 to 41, a person (A) is involved in the care of another person (B) in a way that falls within this section if any of subsections (2) to (4) applies.

(2) This subsection applies if—

(a) B is accommodated and cared for in a care home, community home, voluntary home [F75 , children’s home, or premises in Wales at which a secure accommodation service is provided], and

(b) A has functions to perform F76 ... in the course of employment [F77 in the home or the premises] which have brought him or are likely to bring him into regular face to face contact with B.

[F78 (3) This subsection applies if B is a patient for whom services are provided—

(a) by a National Health Service body or an independent medical agency;

(b) in an independent hospital; or

(c) in Wales, in an independent clinic,

and A has functions to perform for the body or agency or in the hospital or clinic in the course of employment which have brought A or are likely to bring A into regular face to face contact with B.]

(4) This subsection applies if A—

(a) is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B’s mental disorder, and

(b) as such, has had or is likely to have regular face to face contact with B.

(5) In this section—

• [F79 “care home” means—

  (a)

  an establishment in England which is a care home for the purposes of the Care Standards Act 2000 (c. 14); and

  (b)

  a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;]

• [F80 “children’s home”—

  (a)

  has the meaning given by section 1 of the Care Standards Act 2000 in relation to a children’s home in England, and

  (b)

  means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons under the age of 18;]

• “community home” has the meaning given by section 53 of the Children Act 1989 (c. 41);

• “employment” means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract;

• [F81 “independent clinic” has the meaning given by section 2 of the Care Standards Act 2000;

• “independent hospital”—

  (a)

  in England, means—

  (i)

  a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; or

  (ii)

  any other establishment in which any of the services listed in section 22(6) are provided and which is not a health service hospital as so defined; and

  (b)

  in Wales, has the meaning given by section 2 of the Care Standards Act 2000;

• “independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;]

• “National Health Service body” means—

  (a)

  a [F82 Local Health Board],

  (b)

  a National Health Service trust,

  (ba)

  [F83 the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,

  (bb)

  a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,]

  (c)

  F84 ...

  (d)

  a Special Health Authority;

• [F85 “secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;]

• “voluntary home” has the meaning given by section 60(3) of the Children Act 1989.

[F86 (6) In subsection (5), in the definition of “independent medical agency”, “undertaking” includes any business or profession and—

(a) in relation to a public or local authority, includes the exercise of any functions of that authority; and

(b) in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.]

Textual Amendments

F75 Words in s. 42(2)(a) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(a)

F76 Words in s. 42(2)(b) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(b)(i)

F77 Words in s. 42(2)(b) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(b)(ii)

F78 S. 42(3) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(a)

F79 Words in s. 42(5) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(i)

F80 Words in s. 42(5) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(ii)

F81 S. 42(5): definitions of "independent clinic", "independent hospital" and "independent medical emergency" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(b)

F82 S. 42(5): words in definition of "National Health Service body" substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 33

F83 S. 42(5) definition of “National Health Service body” paras. (ba), (bb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 117(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F84 S. 42(5) definition of “National Health Service body” para. (c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 117(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F85 Words in s. 42(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(iii)

F86 S. 42(6) added (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(c)

43 Sections 38 to 41: [F87 exception for spouses and civil partners] E+W

(1) Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if at the time—

(a) B is 16 or over, and

(b) A and B are lawfully married [F88 or civil partners of each other].

(2) In proceedings for such an offence it is for the defendant to prove that A and B [F89 were at the time lawfully married or civil partners of each other].

Textual Amendments

F87 S. 43: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

F88 Words in s. 43(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

F89 Words in s. 43(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))

44 Sections 38 to 41: sexual relationships which pre-date care relationships E+W

(1) Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within section 42, a sexual relationship existed between A and B.

(2) Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.

(3) In proceedings for an offence under any of sections 38 to 41 it is for the defendant to prove that such a relationship existed at that time.

Indecent photographs of children E+W

45 Indecent photographs of persons aged 16 or 17 E+W

(1) The Protection of Children Act 1978 (c. 37) (which makes provision about indecent photographs of persons under 16) is amended as follows.

(2) In section 2(3) (evidence) and section 7(6) (meaning of “child”), for “16” substitute “ 18 ”.

(3) After section 1 insert—

“1A Marriage and other relationships

(1) This section applies where, in proceedings for an offence under section 1(1)(a) of taking or making an indecent photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—

(a) were married, or

(b) lived together as partners in an enduring family relationship.

(2) Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—

(a) were married, or

(b) lived together as partners in an enduring family relationship.

(3) This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.

(4) In the case of an offence under section 1(1)(a), if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.

(5) In the case of an offence under section 1(1)(b), the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child.

(6) In the case of an offence under section 1(1)(c), if sufficient evidence is adduced to raise an issue both—

(a) as to whether the child consented to the photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, and

(b) as to whether the defendant had the photograph in his possession with a view to its being distributed or shown to anyone other than the child,

the defendant is not guilty of the offence unless it is proved either that the child did not so consent and that the defendant did not reasonably believe that the child so consented, or that the defendant had the photograph in his possession with a view to its being distributed or shown to a person other than the child.”

(4) After section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child) insert—

“160A Marriage and other relationships

(1) This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—

(a) were married, or

(b) lived together as partners in an enduring family relationship.

(2) This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—

(a) were married, or

(b) lived together as partners in an enduring family relationship.

(3) This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.

(4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.”

46 Criminal proceedings, investigations etc. E+W+N.I.

(1) After section 1A of the Protection of Children Act 1978 (c. 37) insert—

“1B Exception for criminal proceedings, investigations etc.

(1) In proceedings for an offence under section 1(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that—

(a) it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b) at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or

(c) at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ.

(2) In this section “GCHQ” has the same meaning as in the Intelligence Services Act 1994.”

(2) After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) insert—

“3A Exception for criminal proceedings, investigations etc.

(1) In proceedings for an offence under Article 3(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that—

(a) it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b) at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or

(c) at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ.

(2) In this Article “GCHQ” has the same meaning as in the Intelligence Services Act 1994.”

[F90 Sexual exploitation of children] E+W

Textual Amendments

F90 S. 47 cross-heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(2), 88(1); S.I. 2015/820, reg. 2(l)

47 Paying for sexual services of a child E+W

[F91 (1) A person (A) commits an offence if—

(a) he intentionally obtains for himself the sexual services of another person (B),

(b) before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and

(c) either—

(i) B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) In this section, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

(3) A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life.

(4) Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable—

(a) where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;

(b) in any other case—

(i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(5) Unless subsection (3) or (4) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.

(6) This subsection applies where the offence involved—

(a) penetration of B’s anus or vagina with a part of A’s body or anything else,

(b) penetration of B’s mouth with A’s penis,

(c) penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or

(d) penetration of A’s mouth with B’s penis.

(7) F92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F91 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

F92 S. 47(7) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 8; S.R. 2008/510, art. 2

48 Causing or inciting [F93 sexual exploitation of a child] E+W

[F94 (1) A person (A) commits an offence if—

(a) he intentionally causes or incites another person (B) [F95 to be sexually exploited] in any part of the world, and

(b) either—

(i) B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.]

Textual Amendments

F93 Words in s. 48 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(3)(a), 88(1); S.I. 2015/820, reg. 2(l)

F94 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

F95 Words in s. 48(1)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(3)(b), 88(1); S.I. 2015/820, reg. 2(l)

49 Controlling a child [F96 in relation to sexual exploitation] E+W

[F97 (1) A person (A) commits an offence if—

(a) he intentionally controls any of the activities of another person (B) relating to B’s [F98 sexual exploitation] in any part of the world, and

(b) either—

(i) B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.]

Textual Amendments

F96 Words in s. 49 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(4)(a), 88(1); S.I. 2015/820, reg. 2(l)

F97 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

F98 Words in s. 49(1)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(4)(b), 88(1); S.I. 2015/820, reg. 2(l)

50 Arranging or facilitating [F99 sexual exploitation of a child] E+W

[F100 (1) A person (A) commits an offence if—

(a) he intentionally arranges or facilitates the [F101 sexual exploitation] in any part of the world of another person (B), and

(b) either—

(i) B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.]

Textual Amendments

F99 Words in s. 50 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(5)(a), 88(1); S.I. 2015/820, reg. 2(l)

F100 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

F101 Words in s. 50(1)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(5)(b), 88(1); S.I. 2015/820, reg. 2(l)

51 Sections 48 to 50: interpretation E+W

F102 [F103 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F104 (2) For the purposes of sections 48 to 50, a person (B) is sexually exploited if—

(a) on at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment or a promise of payment to B or a third person, or

(b) an indecent image of B is recorded [F105 or streamed or otherwise transmitted] ;

and “sexual exploitation” is to be interpreted accordingly.]

(3) In subsection (2), “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.]

Textual Amendments

F102 S. 51(1) omitted (3.5.2015) by virtue of Serious Crime Act 2015 (c. 9), ss. 68(6)(a), 88(1); S.I. 2015/820, reg. 2(l)

F103 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

F104 S. 51(2) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(6)(b), 88(1); S.I. 2015/820, reg. 2(l)

F105 Words in s. 51(2)(b) inserted (E.W.) (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 176, 183(5)(e), (6)(e)

[F106 Prostitution] E+W

Textual Amendments

F106 Heading "becomes "Prostitution"" (1.4.2010) by virtue of Policing and Crime Act 2009 (c. 26), ss. {19}, 116(1); S.I. 2010/507, art. 5(f) (with transitional and savings provision in art. 6)

[F107 51A Soliciting E+W

(1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.

(2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.]

Textual Amendments

F107 S. 51A inserted (1.4.2010) by Policing and Crime Act 2009, {ss. 19}, 116(1); S.I. 2010/507, art. 5(f) (with art. 6)

52 Causing or inciting prostitution for gain E+W

[F108 (1) A person commits an offence if—

(a) he intentionally causes or incites another person to become a prostitute in any part of the world, and

(b) he does so for or in the expectation of gain for himself or a third person.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.]

Textual Amendments

F108 Ss. 52-54 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(d), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

53 Controlling prostitution for gain E+W

[F109 (1) A person commits an offence if—

(a) he intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and

(b) he does so for or in the expectation of gain for himself or a third person.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.]

Textual Amendments

F109 Ss. 52-54 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(d), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

[F110 53A Paying for sexual services of a prostitute subjected to force etc. E+W

(1) A person (A) commits an offence if—

(a) A makes or promises payment for the sexual services of a prostitute (B),

(b) a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

(c) C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

(2) The following are irrelevant—

(a) where in the world the sexual services are to be provided and whether those services are provided,

(b) whether A is, or ought to be, aware that C has engaged in exploitative conduct.

(3) C engages in exploitative conduct if—

(a) C uses force, threats (whether or not relating to violence) or any other form of coercion, or

(b) C practises any form of deception.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F110 S. 53A inserted (1.4.2010) by Policing and Crime Act 2009, {ss. 14}, 116(1); S.I. 2010/507, art. 5(a) (subject to art. 6)

54 [F111 Sections 51A to 53A]: interpretation E+W

[F112 (1) In [F113 sections 52, 53 and 53A], “gain” means—

(a) any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or

(b) the goodwill of any person which is or appears likely, in time, to bring financial advantage.

[F114 (2) In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly.

(3) In subsection (2) and section 53A, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.]]

Textual Amendments

F111 S. 54 heading: words substituted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(d)}; S.I. 2010/507, art. 5(v) (with transitional and savings provision in art. 6)

F112 Ss. 52-54 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(d), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

F113 Words in s. 54(1) substituted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(a)}; S.I. 2010/507, art. 5(v) (subject to art. 6)

F114 S. 54(2)(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 62; S.I. 2015/820, reg. 2(r)(vi)

Amendments relating to prostitution E+W

55 Penalties for keeping a brothel used for prostitution E+W

(1) The Sexual Offences Act 1956 (c. 69) is amended as follows.

(2) After section 33 insert—

“33A Keeping a brothel used for prostitution

(1) It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices).

(2) In this section “prostitution” has the meaning given by section 51(2) of the Sexual Offences Act 2003.”

(3) In Schedule 2 (mode of prosecution, punishment etc.), after paragraph 33 insert (as a paragraph with no entry in the fourth column)—

“33A

Keeping a brothel used for prostitution (section 33A).

(i) on indictment (ii) summarily

Seven years Six months, or the statutory maximum, or both.”

56 Extension of gender-specific prostitution offences E+W

Schedule 1 (extension of gender-specific prostitution offences) has effect.

Trafficking E+W+N.I.

F116 [F115 57 Trafficking into the UK for sexual exploitation E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 S. 59A substituted (E.W) (6.4.2013) for ss. 57-59 by Protection of Freedoms Act 2012 (c. 9), ss. 109(2), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8)

F116 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

F117 58 Trafficking within the UK for sexual exploitation E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F115 S. 59A substituted (E.W) (6.4.2013) for ss. 57-59 by Protection of Freedoms Act 2012 (c. 9), ss. 109(2), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8)

F117 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

F119 [F118 58A] Trafficking outside the UK for sexual exploitation N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 S. 58A inserted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 6(1), 15(1)

F119 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

F120 [F115 59 Trafficking out of the UK for sexual exploitation E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F115 S. 59A substituted (E.W) (6.4.2013) for ss. 57-59 by Protection of Freedoms Act 2012 (c. 9), ss. 109(2), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8)

F120 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

F121 59A Trafficking people for sexual exploitation E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

F123 F121 60 [F122 Sections 57 to 59: interpretation and jurisdiction] [F122 Section 59A: interpretation] E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

F122 S. 60 title substituted (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 109(5), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8)

F123 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

F125 F121 [F124 60A Forfeiture of land vehicle, ship or aircraft E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

F124 Ss. 60A-60C inserted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 54, 66(2), Sch. 4 para. 2; S.I. 2007/74, art. 2(b)

F125 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

F126 F121 60B Detention of land vehicle, ship or aircraft E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

F124 Ss. 60A-60C inserted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 54, 66(2), Sch. 4 para. 2; S.I. 2007/74, art. 2(b)

F126 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

F127 F121 60C Sections 60A and 60B: interpretation E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F121 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

F124 Ss. 60A-60C inserted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 54, 66(2), Sch. 4 para. 2; S.I. 2007/74, art. 2(b)

F127 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

Preparatory offences E+W

61 Administering a substance with intent E+W

(1) A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—

(a) knowing that B does not consent, and

(b) with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

62 Committing an offence with intent to commit a sexual offence E+W

(1) A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence.

(2) In this section, “relevant sexual offence” means any offence under this Part (including an offence of aiding, abetting, counselling or procuring such an offence).

(3) A person guilty of an offence under this section is liable on conviction on indictment, where the offence is committed by kidnapping or false imprisonment, to imprisonment for life.

(4) Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

63 Trespass with intent to commit a sexual offence E+W

(1) A person commits an offence if—

(a) he is a trespasser on any premises,

(b) he intends to commit a relevant sexual offence on the premises, and

(c) he knows that, or is reckless as to whether, he is a trespasser.

(2) In this section—

• “premises” includes a structure or part of a structure;

• “relevant sexual offence” has the same meaning as in section 62;

• “structure” includes a tent, vehicle or vessel or other temporary or movable structure.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Sex with an adult relative E+W

64 Sex with an adult relative: penetration E+W

(1) A person aged 16 or over (A) [F128 (subject to subsection (3A))] commits an offence if—

(a) he intentionally penetrates another person’s vagina or anus with a part of his body or anything else, or penetrates another person’s mouth with his penis,

(b) the penetration is sexual,

(c) the other person (B) is aged 18 or over,

(d) A is related to B in a way mentioned in subsection (2), and

(e) A knows or could reasonably be expected to know that he is related to B in that way.

(2) The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.

(3) In subsection (2)—

[F129 (za) “parent” includes an adoptive parent;

(zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;]

(a) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;

(b) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.

[F130 (3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.]

(4) Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

[F131 (6) Nothing in—

(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.]

Textual Amendments

F128 Words in s. 64(1) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(2)

F129 S. 64(2)(za)(zb) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(3)

F130 S. 64(3A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(4)

F131 S. 64(6) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(5)

Modifications etc. (not altering text)

C1 S. 64 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4

C2 S. 64 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 20

65 Sex with an adult relative: consenting to penetration E+W

(1) A person aged 16 or over (A) [F132 (subject to subsection (3A))] commits an offence if—

(a) another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis,

(b) A consents to the penetration,

(c) the penetration is sexual,

(d) B is aged 18 or over,

(e) A is related to B in a way mentioned in subsection (2), and

(f) A knows or could reasonably be expected to know that he is related to B in that way.

(2) The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.

(3) In subsection (2)—

[F133 (za) “parent” includes an adoptive parent;

(zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;]

(a) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;

(b) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.

[F134 (3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.]

(4) Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

[F135 (6) Nothing in—

(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.]

Textual Amendments

F132 Words in s. 65(1) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(2)

F133 S. 65(3)(za)(zb) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(3)

F134 S. 65(3A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(4)

F135 S. 65(6) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(5)

Modifications etc. (not altering text)

C3 S. 65 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4

C4 S. 65 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 20

Other offences E+W

66 Exposure E+W

[F136 (1) A person commits an offence if—

(a) he intentionally exposes his genitals, and

(b) he intends that someone will see them and be caused alarm or distress.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.]

Textual Amendments

F136 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2

67 Voyeurism E+W

[F137 (1) A person commits an offence if—

(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and

(b) he knows that the other person does not consent to being observed for his sexual gratification.

(2) A person commits an offence if—

(a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and

(b) he knows that B does not consent to his operating equipment with that intention.

(3) A person commits an offence if—

(a) he records another person (B) doing a private act,

(b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and

(c) he knows that B does not consent to his recording the act with that intention.

(4) A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.]

Textual Amendments

F137 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2

[F138 67A Voyeurism: additional offences E+W

(1) A person (A) commits an offence if—

(a) A operates equipment beneath the clothing of another person (B),

(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe—

(i) B's genitals or buttocks (whether exposed or covered with underwear), or

(ii) the underwear covering B's genitals or buttocks,

in circumstances where the genitals, buttocks or underwear would not otherwise be visible, and

(c) A does so—

(i) without B's consent, and

(ii) without reasonably believing that B consents.

(2) A person (A) commits an offence if—

(a) A records an image beneath the clothing of another person (B),

(b) the image is of—

(i) B's genitals or buttocks (whether exposed or covered with underwear), or

(ii) the underwear covering B's genitals or buttocks,

in circumstances where the genitals, buttocks or underwear would not otherwise be visible,

(c) A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and

(d) A does so—

(i) without B's consent, and

(ii) without reasonably believing that B consents.

[F139 (2A) A person (A) commits an offence if—

(a) A operates equipment,

(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and

(c) A does so—

(i) without B’s consent, and

(ii) without reasonably believing that B consents.

(2B) A person (A) commits an offence if—

(a) A records an image of another (B) while B is breast-feeding a child,

(b) A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and

(c) A does so—

(i) without B’s consent, and

(ii) without reasonably believing that B consents.]

(3) The purposes referred to in subsections (1) [F140 to (2B)] are—

(a) obtaining sexual gratification (whether for A or C);

(b) humiliating, alarming or distressing B.

[F141 (3A) In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—

(a) in the course of preparing to breast-feed the child, or

(b) having just finished breast-feeding the child.

(3B) It is irrelevant for the purposes of subsections (2A) and (2B)—

(a) whether or not B is in a public place while B is breast-feeding the child,

(b) whether or not B’s breasts are exposed while B is breast-feeding the child, and

(c) what part of B’s body—

(i) is, or is intended by A to be, visible in the recorded image, or

(ii) is intended by A to be observed.]

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding [F142 the general limit in a magistrates’ court], or to a fine, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(5) In relation to an offence committed before [F143 2 May 2022], the reference in subsection (4)(a) to [F144 the general limit in a magistrates’ court] is to be read as a reference to 6 months.]

Textual Amendments

F138 S. 67A inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(2), 2(2)

F139 S. 67A(2A)(2B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 48(2), 208(1); S.I. 2022/520, reg. 5(e)

F140 Words in s. 67A(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 48(3), 208(1); S.I. 2022/520, reg. 5(e)

F141 S. 67A(3A)(3B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 48(4), 208(1); S.I. 2022/520, reg. 5(e)

F142 Words in s. 67A(4)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F143 Words in s. 67A(5) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F144 Words in s. 67A(5) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

68 Voyeurism: interpretation E+W

[F145 (1) For the purposes of section 67, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and—

(a) the person’s genitals, buttocks or breasts are exposed or covered only with underwear,

(b) the person is using a lavatory, or

(c) the person is doing a sexual act that is not of a kind ordinarily done in public.

[F146 (1A) For the purposes of sections 67 and 67A, operating equipment includes enabling or securing its activation by another person without that person's knowledge.]

(2) In section 67, “structure” includes a tent, vehicle or vessel or other temporary or movable structure.]

Textual Amendments

F145 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2

F146 S. 68(1A) inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(3), 2(2)

69 Intercourse with an animal E+W

[F147 (1) A person commits an offence if—

(a) he intentionally performs an act of penetration with his penis,

(b) what is penetrated is the vagina or anus of a living animal, and

(c) he knows that, or is reckless as to whether, that is what is penetrated.

(2) A person (A) commits an offence if—

(a) A intentionally causes, or allows, A’s vagina or anus to be penetrated,

(b) the penetration is by the penis of a living animal, and

(c) A knows that, or is reckless as to whether, that is what A is being penetrated by.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.]

Textual Amendments

F147 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2

70 Sexual penetration of a corpse E+W

[F148 (1) A person commits an offence if—

(a) he intentionally performs an act of penetration with a part of his body or anything else,

(b) what is penetrated is a part of the body of a dead person,

(c) he knows that, or is reckless as to whether, that is what is penetrated, and

(d) the penetration is sexual.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.]

Textual Amendments

F148 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2

71 Sexual activity in a public lavatory E+W

[F149 (1) A person commits an offence if—

(a) he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,

(b) he intentionally engages in an activity, and,

(c) the activity is sexual.

(2) For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.

(3) A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.]

Textual Amendments

F149 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2

Offences outside the United Kingdom E+W

[F150 72 Offences outside the United Kingdom E+W

[F151 (1) If—

(a) a United Kingdom national does an act in a country outside the United Kingdom, and

(b) the act, if done in England and Wales F152 ..., would constitute a sexual offence to which this [F153 subsection] applies,

the United Kingdom national is guilty in [F154 England and Wales] of that sexual offence.

(2) If—

(a) a United Kingdom resident does an act in a country outside the United Kingdom,

(b) the act constitutes an offence under the law in force in that country, and

(c) the act, if done in England and Wales F155 ..., would constitute a sexual offence to which this [F156 subsection] applies,

the United Kingdom resident is guilty in [F157 England and Wales] of that sexual offence.

(3) If—

(a) a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,

(b) the act constituted an offence under the law in force in that country,

(c) the act, if done in England and Wales F158 ..., would have constituted a sexual offence to which this [F159 subsection] applies, and

(d) the person meets the residence or nationality condition at the relevant time,

proceedings may be brought against the person in [F160 England and Wales] for that sexual offence as if the person had done the act there.

(4) The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.

(5) An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law.

(6) The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,

(b) showing the grounds for that opinion, and

(c) requiring the prosecution to prove that it is met.

(7) But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).

(8) In the Crown Court the question whether the condition is met is to be decided by the judge alone.

(9) In this section—

• “country” includes territory;

• “United Kingdom national” means an individual who is—

  (a)

  a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

  (b)

  a person who under the British Nationality Act 1981 is a British subject; or

  (c)

  a British protected person within the meaning of that Act;

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

(10) Schedule 2 lists the sexual offences to which [F161 subsections (1) to (3) apply].]]

Textual Amendments

F150 S. 72 substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 72(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 34 (subject to Sch. 2)

F151 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

F152 Words in s. 72(1) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(2)(a); S.R. 2008/510, art. 2

F153 Word in s. 72(1)(b) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(a)

F154 Words in s. 72(1) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(2)(b); S.R. 2008/510, art. 2

F155 Words in s. 72(2) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(3)(a); S.R. 2008/510, art. 2

F156 Word in s. 72(2)(c) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(a)

F157 Words in s. 72(2) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(3)(b); S.R. 2008/510, art. 2

F158 Words in s. 72(3) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(4)(a); S.R. 2008/510, art. 2

F159 Word in s. 72(3)(c) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(b)

F160 Words in s. 72(3) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(4)(b); S.R. 2008/510, art. 2

F161 Words in s. 72(10) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(c)

Supplementary and general E+W

73 Exceptions to aiding, abetting and counselling E+W

(1) A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of—

(a) protecting the child from sexually transmitted infection,

(b) protecting the physical safety of the child,

(c) preventing the child from becoming pregnant, or

(d) promoting the child’s emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the child’s participation in it.

(2) This section applies to—

(a) an offence under any of sections 5 to 7 (offences against children under 13);

(b) an offence under section 9 (sexual activity with a child);

(c) an offence under section 13 which would be an offence under section 9 if the offender were aged 18;

(d) an offence under any of sections 16, 25, 30, 34 and 38 (sexual activity) against a person under 16.

(3) This section does not affect any other enactment or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under this Part.

74 “Consent” E+W

For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.

75 Evidential presumptions about consent E+W

(1) If in proceedings for an offence to which this section applies it is proved—

(a) that the defendant did the relevant act,

(b) that any of the circumstances specified in subsection (2) existed, and

(c) that the defendant knew that those circumstances existed,

the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented, and the defendant is to be taken not to have reasonably believed that the complainant consented unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(2) The circumstances are that—

(a) any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;

(b) any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;

(c) the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;

(d) the complainant was asleep or otherwise unconscious at the time of the relevant act;

(e) because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;

(f) any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.

(3) In subsection (2)(a) and (b), the reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of sexual activities, a reference to the time immediately before the first sexual activity began.

76 Conclusive presumptions about consent E+W

(1) If in proceedings for an offence to which this section applies it is proved that the defendant did the relevant act and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—

(a) that the complainant did not consent to the relevant act, and

(b) that the defendant did not believe that the complainant consented to the relevant act.

(2) The circumstances are that—

(a) the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;

(b) the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.

77 Sections 75 and 76: relevant acts E+W

In relation to an offence to which sections 75 and 76 apply, references in those sections to the relevant act and to the complainant are to be read as follows—

Offence	Relevant Act
An offence under section 1 (rape).	The defendant intentionally penetrating, with his penis, the vagina, anus or mouth of another person (“the complainant”).
An offence under section 2 (assault by penetration).	The defendant intentionally penetrating, with a part of his body or anything else, the vagina or anus of another person (“the complainant”), where the penetration is sexual.
An offence under section 3 (sexual assault).	The defendant intentionally touching another person (“the complainant”), where the touching is sexual.
An offence under section 4 (causing a person to engage in sexual activity without consent).	The defendant intentionally causing another person (“the complainant”) to engage in an activity, where the activity is sexual.

78 “Sexual” E+W

[F162 For the purposes of this Part ([F163 except sections 15A and 71 ]), penetration, touching or any other activity is sexual if a reasonable person would consider that—

(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or

(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.]

Textual Amendments

F162 Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2

F163 Words in s. 78 substituted (3.4.2017) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 63; S.I. 2017/511, reg. 2(b)(i)

79 Part 1: general interpretation E+W

[F164 (1) The following apply for the purposes of this Part.

(2) Penetration is a continuing act from entry to withdrawal.

(3) References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).

(4) “Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.

(5) References to an image of a person include references to an image of an imaginary person.

(6) “Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).

(7) References to observation (however expressed) are to observation whether direct or by looking at an image.

(8) Touching includes touching—

(a) with any part of the body,

(b) with anything else,

(c) through anything,

and in particular includes touching amounting to penetration.

(9) “Vagina” includes vulva.

(10) In relation to an animal, references to the vagina or anus include references to any similar part.]

Textual Amendments

F164 Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2

Part 2 U.K. Notification and orders

Modifications etc. (not altering text)

C5 Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C6 Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

C7 Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

C8 Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

Notification requirements U.K.

80 Persons becoming subject to notification requirements U.K.

(1) A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if—

(a) he is convicted of an offence listed in Schedule 3;

(b) he is found not guilty of such an offence by reason of insanity;

(c) he is found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d) in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.

(2) A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”.

81 Persons formerly subject to Part 1 of the Sex Offenders Act 1997 U.K.

(1) A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—

(a) he was convicted of an offence listed in Schedule 3;

(b) he was found not guilty of such an offence by reason of insanity;

(c) he was found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d) in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.

(2) Subsection (1) does not apply if the notification period ended before the commencement of this Part.

(3) Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—

(a) had not been dealt with in respect of the offence;

(b) was serving a sentence of imprisonment F165 . . . , or was subject to a community order, in respect of the offence;

(c) was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or

(d) was detained in a hospital or was subject to a guardianship order, following the conviction.

(4) Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—

(a) had not been dealt with in respect of the finding; or

(b) was detained in a hospital, following the finding.

(5) Subsection (1)(d) does not apply to a caution given before 1st September 1997.

(6) A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision.

(7) Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect.

(8) The provisions are—

(a) section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

(b) section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);

(c) section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);

(d) section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);

(e) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);

(f) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).

Textual Amendments

F165 S. 81(3)(b) repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 206, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

82 The notification period U.K.

(1) The notification period for a person within section 80(1) or 81(1) is the period in the second column of the following Table opposite the description that applies to him.

TABLE

Description of relevant offender	Notification period
A person who, in respect of the offence, is or has been sentenced to imprisonment for life [F166 , to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 [F167 , to an indeterminate custodial sentence under Article 13(4)(a) of the Criminal Justice (Northern Ireland) Order 2008] or to imprisonment for] a term of 30 months or more	An indefinite period beginning with the relevant date
A person who, in respect of the offence, has been made the subject of an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (order for lifelong restriction)	An indefinite period beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital subject to a restriction order	An indefinite period beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of more than 6 months but less than 30 months	10 years beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of 6 months or less	7 years beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital without being subject to a restriction order	7 years beginning with that date
A person within section 80(1)(d)	2 years beginning with that date
A person in whose case an order for conditional discharge or, in Scotland, [F168 a community payback order imposing an offender supervision requirement], is made in respect of the offence	The period of conditional discharge or, in Scotland, [F169 the specified period for the offender supervision requirement]
A person of any other description	5 years beginning with the relevant date

(2) Where a person is under 18 on the relevant date, subsection (1) has effect as if for any reference to a period of 10 years, 7 years, 5 years or 2 years there were substituted a reference to one-half of that period.

(3) Subsection (4) applies where a relevant offender within section 80(1)(a) or 81(1)(a) is or has been sentenced, in respect of two or more offences listed in Schedule 3—

(a) to consecutive terms of imprisonment; or

(b) to terms of imprisonment which are partly concurrent.

(4) Where this subsection applies, subsection (1) has effect as if the relevant offender were or had been sentenced, in respect of each of the offences, to a term of imprisonment which —

(a) in the case of consecutive terms, is equal to the aggregate of those terms;

(b) in the case of partly concurrent terms (X and Y, which overlap for a period Z), is equal to X plus Y minus Z.

(5) Where a relevant offender the subject of a finding within section 80(1)(c) or 81(1)(c) is subsequently tried for the offence, the notification period relating to the finding ends at the conclusion of the trial.

(6) In this Part, “relevant date” means—

(a) in the case of a person within section 80(1)(a) or 81(1)(a), the date of the conviction;

(b) in the case of a person within section 80(1)(b) or (c) or 81(1)(b) or (c), the date of the finding;

(c) in the case of a person within section 80(1)(d) or 81(1)(d), the date of the caution;

(d) in the case of a person within section 81(7), the date which, for the purposes of Part 1 of the Sex Offenders Act 1997 (c. 51), was the relevant date in relation to that person.

[F170 (7) Schedule 3A (which provides for the review and discharge of indefinite notification requirements) has effect.]

Textual Amendments

F166 Words in table in s. 82(1) substituted (S.) (8.12.2005) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 17, 24(1); and those same words substituted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 57, 66(2); S.I. 2007/74, art. 2

F167 S. 82(1) table: words inserted (N.I.) (15.5.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), art. 1, Sch. 5 para. 10(1); S.R. 2008/217, art. 2, Sch. para. 18(e) (subject to art. 3)

F168 Words in table in s. 82(1) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(2)(a) (with art. 3)

F169 Words in table in s. 82(1) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(2)(b) (with art. 3)

F170 S. 82(7) inserted (N.I.) (1.3.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 1(2), 15(2)(a); S.R. 2014/53, art. 2(a)

83 Notification requirements: initial notification E+W+N.I.

(1) A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).

(2) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—

(a) immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(3) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.

(4) Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—

(a) immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(5) The information is—

(a) the relevant offender’s date of birth;

(b) his national insurance number;

(c) his name on the relevant date and, where he used one or more other names on that date, each of those names;

(d) his home address on the relevant date;

(e) his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;

(f) his home address on the date on which notification is given;

(g) the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;

[F171 (h) any prescribed information.]

[F172 (5A) In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.]

(6) When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—

(a) remanded in or committed to custody by an order of a court [F173 or kept in service custody];

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in a hospital; or

(d) outside the United Kingdom.

(7) In this Part, “home address” means, in relation to any person—

(a) the address of his sole or main residence in the United Kingdom, or

(b) where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F171 S. 83(5)(h) inserted "at the end of subsection (5)" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F172 S. 83(5A) inserted "after [subsection (5)]" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F173 Words in s. 83(6)(a) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 54; S.I. 2009/2606, art. 3(i)

83 Notification requirements: initial notification S

(1) A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).

(2) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—

(a) immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(3) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.

(4) Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—

(a) immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(5) The information is—

(a) the relevant offender’s date of birth;

(b) his national insurance number;

(c) his name on the relevant date and, where he used one or more other names on that date, each of those names;

(d) his home address on the relevant date;

(e) his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;

(f) his home address on the date on which notification is given;

(g) the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;

[F638 (h) whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A);

(i) such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations.

(5A) The details are—

(a) the issuing authority;

(b) the number;

(c) the dates of issue and expiry;

(d) the name and date of birth given as being those of the passport holder.]

(6) When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—

(a) remanded in or committed to custody by an order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in a hospital; or

(d) outside the United Kingdom.

(7) In this Part, “home address” means, in relation to any person—

(a) the address of his sole or main residence in the United Kingdom, or

(b) where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.

[F639 (8) In this section, “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77);

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.]

Extent Information

E7 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F638 S. 83(5)(h)(i)(5A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(2), 104; S.S.I. 2006/432, art. 2(d)

F639 S. 83(8) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(3), 104; S.S.I. 2006/432, art. 2(d)

84 Notification requirements: changes E+W+N.I.

(1) A relevant offender must, within the period of 3 days beginning with—

(a) his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

(b) any change of his home address,

(c) his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997,

[F174 (ca) any prescribed change of circumstances, or]

(d) his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

notify to the police that name, the new home address, the address of those premises [F175 , the prescribed details] or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5).

(2) A notification under subsection (1) may be given before the name is used, the change of home address [F176 or the prescribed change of circumstances] occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.

(3) If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(4) If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a) the notification does not affect the duty imposed by subsection (1), and

(b) the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(5) Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).

[F177 (5A) In this section—

(a) “prescribed change of circumstances” means any change—

(i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and

(ii) of a description prescribed by regulations made by the Secretary of State;

(b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.]

(6) In this section, “qualifying period” means—

(a) a period of 7 days, or

(b) two or more periods, in any period of 12 months, which taken together amount to 7 days.

Extent Information

E2 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F174 S. 84(1)(ca) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F175 Words in s. 84(1) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F176 Words in s. 84(2) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(4), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F177 S. 84(5A) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(5), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

84 Notification requirements: changes S

(1) A relevant offender must, within the period of 3 days beginning with—

(a) his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

(b) any change of his home address,

(c) his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997, F640 . . .

(d) his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

[F641 (e) his losing or ceasing to have a passport notified to the police under section 83(1) or this subsection,

(f) his receiving a passport which has not been notified to the police under section 83(1) or this subsection, or

(g) the occurrence, in relation to information required to be notified by virtue of regulations made under section 83(5)(i), of an event prescribed by the Scottish Ministers in regulations,]

notify to the police that name, the new home address, the address of those premises or [F642 the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations], and (in addition) the information set out in section 83(5).

[F643 (1A) In subsection (1), “passport” has the same meaning as in section 83.]

(2) A notification under subsection (1) may be given before the name is used, the change of home address occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.

(3) If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(4) If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a) the notification does not affect the duty imposed by subsection (1), and

(b) the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(5) Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).

(6) In this section, “qualifying period” means—

(a) a period of 7 days, or

(b) two or more periods, in any period of 12 months, which taken together amount to 7 days.

Extent Information

E8 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F640 Word in s. 84(1) repealed (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(5)(a), 104; S.S.I. 2006/432, art. 2(d)

F641 S. 84(1)(e)-(g) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(5)(b), 104; S.S.I. 2006/432, art. 2(d)

F642 Words in s. 84(1) substituted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(5)(c), 104; S.S.I. 2006/432, art. 2(d)

F643 S. 84(1A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(6), 104; S.S.I. 2006/432, art. 2(d)

85 Notification requirements: periodic notification U.K.

F178 (1) A relevant offender must, within [F179 the applicable period] after each event within subsection (2), notify to the police the information set out in section 83(5), unless within that period he has given a notification under section 84(1).

(2) The events are—

(a) the commencement of this Part (but only in the case of a person who is a relevant offender from that commencement);

(b) any notification given by the relevant offender under section 83(1) or 84(1); and

(c) any notification given by him under subsection (1).

F180 (3) Where [F181 the applicable period] would (apart from this subsection) end whilst subsection (4) applies to the relevant offender, that period is to be treated as continuing until the end of the period of 3 days beginning when subsection (4) first ceases to apply to him.

(4) This subsection applies to the relevant offender if he is—

(a) remanded in or committed to custody by an order of a court [F182 or kept in service custody],

(b) serving a sentence of imprisonment or a term of service detention,

(c) detained in a hospital, or

(d) outside the United Kingdom.

[F183 (5) In this section, the “applicable period” means—

(a) in any case where subsection (6) applies to the relevant offender, such period not exceeding one year as the Scottish Ministers may prescribe in regulations, and

(b) in any other case, the period of one year.

(6) This subsection applies to the relevant offender if the last home address notified by the offender under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).]

[F184 (5) In this section, “the applicable period” means—

(a) in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and

(b) in any other case, the period of one year.

(6) This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).]

Textual Amendments

F178 Words in s. 85(1) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F179 Words in s. 85(1) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(7), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F180 Words in s. 85(3) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F181 Words in s. 85(3) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(8), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F182 Words in s. 85(4)(a) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 55; S.I. 2009/2606, art. 3(i)

F183 S. 85(5)(6) inserted (S.) (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(c), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3)

F184 S. 85(5)(6) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(9), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

[F185 85A Notification requirements: absence from notified residence N.I.

(1) This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence).

(2) If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).

(3) The information is—

(a) the date on which the relevant offender will leave that home address;

(b) such details as the relevant offender holds about—

(i) his travel arrangements during the relevant period;

(ii) his accommodation arrangements during that period;

(iii) his date of return to that home address.

(4) In this section—

• “travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel,

• “accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation.

(5) Where—

(a) a relevant offender has given a notification under subsection (2), and

(b) at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete,

the relevant offender must give a further notification under subsection (2).

(6) Where a relevant offender—

(a) has notified a date of return to his home address, but

(b) returns to his home address on a date other than that notified,

the relevant offender must notify the date of his actual return to the police within 3 days of his actual return.

(7) Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86.

(8) In calculating the relevant period for the purposes of this section there is to be disregarded—

(a) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 83(5)(g) notified to the police under section 83 or 85;

(b) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 84(1)(c).

(9) This section applies in relation to any relevant period which begins on or after the day after the coming into operation of section 2 of the Criminal Justice Act (Northern Ireland) 2013.]

Textual Amendments

F185 S. 85A inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(2), 15(2)(b); S.R. 2014/179, art. 2(a)

86 Notification requirements: travel outside the United Kingdom U.K.

(1) The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders—

(a) to give in accordance with the regulations, before they leave, a notification under subsection (2);

(b) if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

(2) A notification under this subsection must disclose—

(a) the date on which the offender will leave the United Kingdom;

(b) the country (or, if there is more than one, the first country) to which he will travel and his point of arrival (determined in accordance with the regulations) in that country;

(c) any other information prescribed by the regulations which the offender holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.

(3) A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom.

F186 (4) F187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 S. 86(4) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(3), 206(1); S.I. 2011/178, art. 2, Sch.

F187 S. 86(4) repealed (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 149, 153(7), Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1 para. 50(4)(d) (subject to Sch. 2)

87 Method of notification and related matters E+W

(1) A person gives a notification under section 83(1), 84(1) or 85(1) by—

[F188 (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]

(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2) A person giving a notification under section 84(1)—

(a) in relation to a prospective change of home address, or

(b) in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

[F189 (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.]

(3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

(4) Where a notification is given under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—

(a) take his fingerprints,

(b) photograph any part of him, or

(c) do both these things.

(5) The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.

F190 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F188 S. 87(1)(a) substituted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 168(2), 208(1); S.I. 2022/1227, reg. 3(a)

F189 S. 87(2A)(2B) inserted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 168(3), 208(1); S.I. 2022/1227, reg. 3(a)

F190 S. 87(6) repealed (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 149, 153(7), Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1 para. 50(4)(d) (subject to Sch. 2)

87 Method of notification and related matters S

(1) A person gives a notification under section 83(1), 84(1) or 85(1) by—

(a) attending at such police station F644 ... as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2) A person giving a notification under section 84(1)—

(a) in relation to a prospective change of home address, or

(b) in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

(3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

[F645 (5A) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), do one or more of the following—

(a) allow the officer or person to photograph any part of the offender,

(b) allow the officer or person to take from the offender, or provide to the officer or person, such relevant physical data as the officer or person considers appropriate,

(c) allow the officer or person to take from the offender any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 by the means specified in that paragraph in relation to that sample,

(d) allow the officer or person to take from the offender any sample mentioned in subsection (6A) of that section by the means specified in that subsection.]

[F646 (5B) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), produce each passport he has to that officer or person, for inspection by that officer or person.

(5C) In subsection (5B), “passport” has the same meaning as in section 83.]

F647 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E9 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F644 Words in s. 87(1)(a) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 20(2)

F645 S. 87(5A) substituted for s. 87(4)(5) (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , {ss. 77(7)}, 104; S.S.I. 2006/432, art. 2(d)

F646 S. 87(5B)(5C) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , {ss. 78(7)}, 104; S.S.I. 2006/432, art. 2(d)

F647 S. 87(6) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(4), 206(1); S.I. 2011/178, art. 2, Sch.

87 Method of notification and related matters N.I.

(1) A person gives a notification under section 83(1), 84(1) [F648 , 85(1) or 85A(2) or (6)] by—

(a) attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2) A person giving a notification under section 84(1)—

(a) in relation to a prospective change of home address, or

(b) in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

(3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

(4) Where a notification is given under section 83(1), 84(1) [F649 , 85(1) or 85A(2) or (6)], the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—

(a) take his fingerprints,

(b) photograph any part of him, or

(c) do both these things.

(5) The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.

F650 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E10 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F648 Words in s. 87(1) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(3), 15(2)(b); S.R. 2014/179, art. 2(a)

F649 Words in s. 87(4) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(3), 15(2)(b); S.R. 2014/179, art. 2(a)

F650 S. 87(6) repealed (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 149, 153(7), Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1 para. 50(4)(d) (subject to Sch. 2)

88 Section 87: interpretation U.K.

(1) [F191 Subsections (2) to (4)] [F191 Subsections (2) and (2A)] apply for the purposes of section 87.

(2) “Photograph” includes any process by means of which an image may be produced.

[F192 (2A) “Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.]

[F193 (3) “Local police area” means, in relation to a person—

(a) the police area in which his home address is situated;

(b) in the absence of a home address, the police area in which the home address last notified is situated;

(c) in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (4) is situated.]

(4) [F194 The ways are—

(a) dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;

(b) dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;

(c) making, in respect of a person, a notification order, interim notification order, [F195 sexual harm prevention order, interim sexual harm prevention order,] sexual offences prevention order or interim sexual offences prevention order [F196 , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)];

(d) making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland);

and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.]

(5) [F194 Subsection (3) applies as if Northern Ireland were a police area.]

Textual Amendments

F191 Words in s. 88(1) substituted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 3(2)(a) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F192 S. 88(2A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(8), 104; S.S.I. 2006/432, art. 2(d)

F193 S. 88(3) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(3)

F194 S. 88(4)(5) repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 3(2)(b) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F195 Words in s. 88(4)(c) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 56 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F196 Words in s. 88(4)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 205 (with Sch. 27); S.I. 2020/1236, reg. 2

[F197 [F198 88A Review of indefinite notification requirements: applicable persons S

(1) Sections 88B to 88H apply to—

(a) a person who, on or after 28th January 2011, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and

(b) a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of—

(i) section 80(1);

(ii) section 81(1); or

(iii) a notification order made under section 97(5).

(2) A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.]

Textual Amendments

F197 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F198 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

[F199 88B Review of indefinite notification requirements: date of discharge and further date of discharge S

(1) For the purposes of this Part, the date of discharge is—

(a) where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date;

(b) where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date.

(2) In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was—

(a) remanded in or committed to custody by order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in hospital; or

(d) outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part.

(3) Subsection (4) applies where—

(a) the relevant sex offender is subject to the notification requirements of this Part;

(b) after the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part, the relevant sex offender was sentenced to a period of imprisonment or a term of service detention in respect of the offence (or offences) to which the notification requirements relate; and

(c) the date of discharge would, apart from subsection (4), fall on or after 28th January 2011.

(4) In determining the date of discharge under subsection (1), there is also to be disregarded any time when the relevant sex offender was serving a sentence of imprisonment or a term of service detention in respect of that offence (or those offences).

(5) Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order.

(6) In this section and section 88D “relevant date”—

(a) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6)(a) to (c);

(b) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).]

Textual Amendments

F197 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F199 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

[F200 88C Review of the indefinite notification requirements: procedure and grounds S

(1) The relevant chief constable must no later than the date of discharge—

(a) make a notification continuation order in respect of the relevant sex offender; or

(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge.

(2) A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge.

(3) The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.

(4) In deciding whether to make a notification continuation order, the relevant chief constable must take into account—

(a) the seriousness of the offence (or offences)—

(i) of which the relevant sex offender was convicted;

(ii) of which the relevant sex offender was found not guilty by reason of insanity;

(iii) in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or

(iv) in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland,

which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period;

(b) the period of time which has elapsed since the relevant sex offender committed the offence (or offences);

(c) where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d) whether the relevant sex offender has committed any offence under section 91 of this Act;

(e) the age of the relevant sex offender at the time of the decision;

(f) the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed;

(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the relevant sex offender at the time the offence was committed;

(h) any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3;

(i) any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3;

(j) whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded;

(k) any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005;

(l) any other submission or evidence of the risk of sexual harm posed by the relevant sex offender to the public, or any particular members of the public, in the United Kingdom;

(m) any submission or evidence presented by or on behalf of the relevant sex offender which demonstrates that the relevant sex offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and

(n) any other matter which the relevant chief constable considers to be appropriate.

(5) A notification continuation order must state—

(a) the reasons why the order was made; and

(b) the reasons for the determination of the fixed period in the order.

(6) A notification continuation order must be notified to the relevant sex offender by—

(a) the relevant chief constable sending a copy of the order to the relevant sex offender by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b) a constable serving a copy of the order on the relevant sex offender.

(7) In this section—

• “sexual harm” means physical or psychological harm caused by the relevant sex offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; and

• “responsible authorities” has the meaning given by section 10(7) of the Management of Offenders etc. (Scotland) Act 2005.

(8) In this section and sections 88D to 88G, “relevant chief constable” means the chief constable of the [F201 Police Service of Scotland].]

Textual Amendments

F197 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F200 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

F201 Words in s. 88C(8) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(4)

[F202 88D Review of indefinite notification requirement: transitional cases S

(1) This section applies to a case where—

(a) the conditions in subsection (2) are satisfied in relation to a relevant sex offender falling within section 88A(1)(b)(ii); and

(b) the relevant chief constable was, under this section as it had effect before the coming into force of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011, under the duty in subsection (4).

(2) The conditions referred to in subsection (1)(a) are that the person—

(a) was aged under 18 on the relevant date; and

(b) after disregarding any time referred to in subsection (3), had been subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 and this Part for a total period of at least 8 years on 25th October 2010.

(3) That time is any time during which the relevant sex offender was—

(a) remanded in or committed to custody by order of the court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in hospital; or

(d) outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997.

(4) The duty referred to in subsection (1)(b) is a duty, no later than the applicable date, to—

(a) make a notification continuation order in respect of the relevant sex offender; or

(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date.

(5) In this section the “applicable date” is 25th January 2011.]

Textual Amendments

F197 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F202 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

[F203 88E Review of indefinite notification requirements: further review S

(1) Where a notification continuation order has been made, the relevant chief constable must no later than the further date of discharge—

(a) make another notification continuation order in respect of the relevant sex offender; or

(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the further date of discharge.

(2) Section 88C(2) to (8) applies in relation to this section, but a reference to the date of discharge is to be read as a reference to the further date of discharge.]

Textual Amendments

F197 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F203 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

88F Review of the indefinite notification requirements: application to a sheriff S

(1) Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part.

(2) An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3) On an application under subsection (1), the sheriff may—

(a) make the order sought in the application; or

(b) make a notification continuation order in respect of the relevant sex offender.

(4) Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but—

(a) a reference to the relevant chief constable is to be read as a reference to the sheriff;

(b) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and

(c) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge.

(5) The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application.

(6) Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(7) The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if—

(a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b) personally served on the relevant sex offender and the relevant chief constable.

(8) The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10).

Textual Amendments

F197 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88G Review of indefinite notification requirements: appeals S

(1) The decision of the relevant chief constable—

(a) to make a notification continuation order; and

(b) setting the fixed period of the notification continuation order,

may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3).

(2) An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3) The date is—

(a) where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge;

(b) where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or

(c) where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge.

(4) The decision of a sheriff—

(a) on an application made under section 88F(1);

(b) on appeal made under subsection (1); and

(c) in relation to the fixed period of the notification continuation order,

may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision.

(5) On an appeal under this section, the sheriff or the sheriff principal may—

(a) uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff;

(b) make a notification continuation order; or

(c) vary the fixed period in that order.

(6) Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal.

(7) Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(8) The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if—

(a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b) personally served on the relevant sex offender and relevant chief constable.

(9) The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10).

(10) The matter is finally determined—

(a) where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken;

(b) where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or

(c) where an appeal is taken—

(i) on the disposal of the appeal; or

(ii) on its being abandoned.

Textual Amendments

F197 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88H Review of indefinite notification requirements: power to amend periods S

• The Secretary of State may by order amend—

  (a)

  the periods specified in sections 88B(1)(a) and (b); and

  (b)

  the fixed period specified in section 88C(2).

Textual Amendments

F197 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

88I Discharge from indefinite notification requirements: England, Wales and Northern Ireland S

(1) A relevant offender who is, under the relevant legislation, discharged from the notification requirements of this Part by a court, person or body in England and Wales or Northern Ireland is, by virtue of the discharge, also discharged from the notification requirements of this Part as it applies to Scotland.

(2) In subsection (1) “relevant legislation” means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and Wales or, as the case may be, Northern Ireland for an indefinite period to be discharged from those notification requirements.]

Textual Amendments

F197 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

89 Young offenders: parental directions U.K.

(1) Where a person within the first column of the following Table (“the young offender”) is under 18 (or, in Scotland, 16) when he is before the court referred to in the second column of the Table opposite the description that applies to him, that court may direct that subsection (2) applies in respect of an individual (“the parent”) having parental responsibility for (or, in Scotland, parental responsibilities in relation to) the young offender.

TABLE

Description of person	Court which may make the direction
A relevant offender within section 80(1)(a) to (c) or 81(1)(a) to (c)	The court which deals with the offender in respect of the offence or finding
A relevant offender within section 129(1)(a) to (c)	The court which deals with the offender in respect of the offence or finding
A person who is the subject of a notification order, interim notification order, [F204 sexual harm prevention order, interim sexual harm prevention order,] sexual offences prevention order or interim sexual offences prevention order [F205 , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)]	The court which makes the order
A relevant offender who is the defendant to an application under subsection (4) (or, in Scotland, the subject of an application under subsection (5))	The court which hears the application

[F206 (1A) In the Table—

(a) the reference to a sexual harm prevention order includes an order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

(b) the reference to an interim sexual harm prevention order includes an order made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]

(2) Where this subsection applies—

(a) the obligations that would (apart from this subsection) be imposed by or under sections 83 to 86 on the young offender are to be treated instead as obligations on the parent, and

(b) the parent must ensure that the young offender attends at the police station with him, when a notification is being given.

(3) A direction under subsection (1) takes immediate effect and applies—

(a) until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or

(b) for such shorter period as the court may, at the time the direction is given, direct.

(4) A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for a direction under subsection (1) in respect of a relevant offender (“the defendant”)—

(a) who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and

(b) who the chief officer believes is under 18.

(5) In Scotland, [F207 the chief constable of the Police Service of Scotland] may, by summary application to any sheriff F208 ..., apply for a direction under subsection (1) in respect of a relevant offender (“the subject”)—

(a) who resides in that area, or who the chief constable believes is in or is intending to come to that area, and

(b) who the chief constable believes is under 16.

Textual Amendments

F204 Words in s. 89(1) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 57 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F205 Words in s. 89(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 206 (with Sch. 27); S.I. 2020/1236, reg. 2

F206 S. 89(1A) inserted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 3(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F207 Words in s. 89(5) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(5)(a)

F208 Words in s. 89(5) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(5)(b)

90 Parental directions: variations, renewals and discharges U.K.

(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a direction under section 89(1).

(2) The persons are—

(a) the young offender;

(b) the parent;

(c) the chief officer of police for the area in which the young offender resides;

(d) a chief officer of police who believes that the young offender is in, or is intending to come to, his police area;

[F209 (e) in Scotland—

(i) where the appropriate court is a civil court, the chief constable of the Police Service of Scotland; and

(ii) in any other case, the prosecutor;]

(f) where the direction was made on an application under section 89(4), the chief officer of police who made the application;

(g) where the direction was made on an application under section 89(5), the chief constable who made the application.

(3) An application under subsection (1) may be made—

(a) where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court;

(b) in any other case, by complaint (or, in Scotland, by summary application).

(4) On the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the direction, that the court considers appropriate.

(5) In this section, the “appropriate court” means—

(a) where the Court of Appeal made the order, the Crown Court;

(b) in any other case, the court that made the direction under section 89(1).

Textual Amendments

F209 S. 90(2)(e) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(6)

91 Offences relating to notification E+W+N.I.

(1) A person commits an offence if he—

(a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1)[F210 , 85A(2) or (6)], 87(4) [F211 or 89(2)(b)] [F211 , 89(2)(b) or 96ZB(3)(b)] or any requirement imposed by regulations made under section 86(1); or

(b) notifies to the police, in purported compliance with section 83(1), 84(1) [F212 or 85(1)] [F212 , 85(1) or 85A(2) or (6)] or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) [F213 or 85(1)] [F213 , 85(1) or 85A(2) or (6)] or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

(4) Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

Extent Information

E4 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F210 Words in s. 91(1)(a) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(a), 15(2)(b); S.R. 2014/179, art. 2(a)

F211 Words in s. 91(1)(a) substituted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(3), 208(1); S.I. 2022/1227, reg. 3(b)

F212 Words in s. 91(1)(b) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(b), 15(2)(b); S.R. 2014/179, art. 2(a)

F213 Words in s. 91(3) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(c), 15(2)(b); S.R. 2014/179, art. 2(a)

91 Offences relating to notification S

(1) A person commits an offence if he—

(a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), [F651 87(5A)][F652 or (5B)] or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or

(b) notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

[F653 (4) Proceedings for an offence under this section may be commenced in any court—

(a) having jurisdiction in any place where the accused—

(i) resides;

(ii) is last known to have resided; or

(iii) is found;

(b) which has convicted the accused of an offence if the accused is subject to the notification requirements of this Part by virtue of that conviction; or

(c) which has made an order under section 104(1)(b) in respect of the accused if the accused is subject to those requirements by virtue of that order.]

Extent Information

E11 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F651 Words in s. 91(1)(a) substituted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(9), 104; S.S.I. 2006/432, art. 2(d)

F652 Words in s. 91(1)(a) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(8), 104; S.S.I. 2006/432, art. 2(d)

F653 S. 91(4) substituted (S.) (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 18, 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1 (subject to art. 3(3))

[F214 91A Review of indefinite notification requirements: qualifying relevant offender E+W

(1) A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”).

(2) A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—

(a) subject to the indefinite notification requirements; and

(b) not subject to [F215 a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F,] a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3) [F216 , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)].

(3) The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—

(a) section 80(1);

(b) section 81(1); or

[F217 (c) a notice given under section 96ZA.]

(4) In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).

(5) Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1).

(6) If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area.

(7) In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.

Textual Amendments

F214 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

F215 Words in s. 91A(2)(b) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 58 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F216 Words in s. 91A(2)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 207 (with Sch. 27); S.I. 2020/1236, reg. 2

F217 S. 91A(3)(c) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(4), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

91B Review of indefinite notification requirements: application for review and qualifying dates E+W

(1) An application for review must be in writing and may be made on or after the qualifying date or, as the case may be, the further qualifying date.

(2) Subject to subsection (7), the qualifying date is—

(a) where the qualifying relevant offender was 18 or over on the relevant date, the day after the end of the 15 year period beginning with the day on which the qualifying relevant offender gives the relevant notification; or

(b) where the qualifying relevant offender was under 18 on the relevant date, the day after the end of the 8 year period beginning with the day on which the qualifying relevant offender gives the relevant notification.

(3) Subject to subsections (4) to (6), the further qualifying date is the day after the end of the 8 year period beginning with the day on which the relevant chief officer of police makes a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements.

(4) Subsection (5) applies if the relevant chief officer of police, when making a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements, considers that the risk of sexual harm posed by a qualifying relevant offender is sufficient to justify a continuation of those requirements after the end of the 8 year period beginning with the day on which the determination is made.

(5) If this subsection applies, the relevant chief officer of police may make a determination to require a qualifying relevant offender to remain subject to the indefinite notification requirements for a period which may be no longer than the 15 year period beginning with the day on which the determination is made.

(6) If subsection (5) applies, the further qualifying date is the day after the end of the period determined under that subsection.

(7) The qualifying date must not be earlier than the expiry of the fixed period specified in a notification continuation order made in relation to a qualifying relevant offender in accordance with sections 88A to 88I.

(8) The relevant chief officer of police within 14 days of receipt of an application for review—

(a) must give an acknowledgment of receipt of the application to the qualifying relevant offender, and

(b) may notify a responsible body that the application has been made.

(9) Where a responsible body is notified of the application for review under subsection (8)(b) and holds information which it considers to be relevant to the application, the responsible body must give such information to the relevant chief officer of police within 28 days of receipt of the notification.

(10) In this section “the relevant notification” means the first notification which the relevant offender gives under section 83, 84 or 85 when he is first released after—

(a) being remanded in or committed to custody by an order of a court in relation to the conviction for the offence giving rise to the indefinite notification requirements;

(b) serving a sentence of imprisonment or a term of service detention in relation to that conviction;

(c) being detained in hospital in relation to that conviction.

(11) For the purposes of this Part—

(a) “responsible body” means—

(i) the probation trust for any area that includes any part of the police area concerned,

(ii) in relation to any part of the police area concerned for which there is no probation trust, each provider of probation services which has been identified as a relevant provider of probation services for the purposes of section 325 of the Criminal Justice Act 2003 by arrangements under section 3 of the Offender Management Act 2007,

(iii) the Minister of the Crown exercising functions in relation to prisons (and for this purpose “prison” has the same meaning as in the Prison Act 1952), and

(iv) each body mentioned in section 325(6) of the Criminal Justice Act 2003, but as if the references in that subsection to the relevant area were references to the police area concerned;

(b) “risk of sexual harm” means a risk of physical or psychological harm to the public in the United Kingdom or any particular members of the public caused by the qualifying relevant offender committing one or more of the offences listed in Schedule 3.

Textual Amendments

F214 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

91C Review of indefinite notification requirements: determination of application for review E+W

(1) The relevant chief officer of police must, within 6 weeks of the latest date on which any body to which a notification has been given under section 91B(8)(b) may give information under section 91B(9)—

(a) determine the application for review, and

(b) give notice of the determination to the qualifying relevant offender.

(2) For the purposes of the determination of an application for review under this section, a qualifying relevant offender must satisfy the relevant chief officer of police that it is not necessary for the purpose of protecting the public or any particular members of the public from sexual harm for the qualifying relevant offender to remain subject to the indefinite notification requirements.

(3) If the relevant chief officer of police determines under this section that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of the determination must—

(a) contain a statement of reasons for the determination, and

(b) inform the qualifying relevant offender that he may appeal the determination in accordance with section 91E.

(4) If the relevant chief officer of police determines under this section that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.

(5) The Secretary of State may by order amend the period in subsection (1).

Textual Amendments

F214 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

91D Review of indefinite notification requirements: factors applying to determination under section 91C E+W

(1) In determining an application for review under section 91C, the relevant chief officer of police must—

(a) have regard to information (if any) received from a responsible body;

(b) consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender; and

(c) take into account the matters listed in subsection (2).

(2) The matters are—

(a) the seriousness of the offence in relation to which the qualifying relevant offender became subject to the indefinite notification requirements;

(b) the period of time which has elapsed since the qualifying relevant offender committed the offence (or other offences);

(c) where the qualifying relevant offender falls within section 81(1), whether the qualifying relevant offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d) whether the qualifying relevant offender has committed any offence under section 91;

(e) the age of the qualifying relevant offender at the qualifying date or further qualifying date;

(f) the age of the qualifying relevant offender at the time the offence referred to in paragraph (a) was committed;

(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the qualifying relevant offender at the time the offence was committed;

(h) any assessment of the risk posed by the qualifying relevant offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;

(i) any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;

(j) any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the qualifying relevant offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);

(k) any caution which the qualifying relevant offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;

(l) any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the qualifying relevant offender for any offence listed in Schedule 5 where the behaviour of the qualifying relevant offender since the date of such conviction or finding indicates a risk of sexual harm;

(m) any other submission or evidence of the risk of sexual harm posed by the qualifying relevant offender;

(n) any evidence presented by or on behalf of the qualifying relevant offender which demonstrates that the qualifying relevant offender does not pose a risk of sexual harm; and

(o) any other matter which the relevant chief officer of police considers to be appropriate.

(3) In this section, a reference to a conviction, finding or caution for an offence committed in a country outside the United Kingdom means a conviction, finding or caution for 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 or Schedule 5 if it had been done in any part of the United Kingdom.

Textual Amendments

F214 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

91E Review of indefinite notification requirements: appeals E+W

(1) A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91C.

(2) An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.

(3) A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.

(4) If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.

Textual Amendments

F214 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

91F Review of indefinite notification requirements: guidance E+W

(1) The Secretary of State must issue guidance to relevant chief officers of police in relation to the determination by them of applications made under section 91B.

(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.]

Textual Amendments

F214 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

92 Certificates for purposes of Part 2 U.K.

(1) Subsection (2) applies where on any date a person is—

(a) convicted of an offence listed in Schedule 3;

(b) found not guilty of such an offence by reason of insanity; or

(c) found to be under a disability and to have done the act charged against him in respect of such an offence.

(2) If the court by or before which the person is so convicted or found—

(a) states in open court—

(i) that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and

(ii) that the offence in question is an offence listed in Schedule 3, and

(b) certifies those facts, whether at the time or subsequently,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

(3) Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.

(4) If the constable—

(a) informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and

(b) certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

93 [F218 Abolished homosexual offences][F218 Acts which are no longer offences] E+W+N.I.

Schedule 4 (procedure for ending notification requirements for [F219 abolished homosexual offences] [F219 acts which are no longer offences]) has effect.

Textual Amendments

F218 S. 93 heading substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(2)(a), 15(1)

F219 Words in s. 93 substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(2)(b), 15(1)

Information for verification U.K.

94 Part 2: supply of information to Secretary of State etc. for verification U.K.

(1) This section applies to information notified to the police under—

(a) section 83, 84 or 85, or

(b) section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).

(2) A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a) the Secretary of State,

F220 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a Northern Ireland Department, or

(c) a person providing services to the Secretary of State F221 ... or a Northern Ireland Department in connection with a relevant function,

for use for the purpose of verifying the information.

(3) The persons are—

(a) a chief officer of police (in Scotland, [F222 the chief constable of the Police Service of Scotland]),

[F223 (b) the Director General of the National Crime Agency.]

(4) In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—

(a) checking its accuracy by comparing it with information held—

(i) where the person is the Secretary of State F224 ... or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or

(ii) where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and

(b) compiling a report of that comparison.

(5) Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).

(6) This section does not authorise the doing of anything that contravenes [F225 the data protection legislation].

(7) This section does not affect any power existing apart from this section to supply information.

(8) In this section—

• [F226 “ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);]

• “Northern Ireland Department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;

• “relevant function” means—

  (a)

  a function relating to social security, child support, employment or training,

  (aa)

  F227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (b)

  a function relating to passports,

  (c)

  a function under Part 3 of the Road Traffic Act 1988 (c. 52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

Textual Amendments

F220 S. 94(2)(aa) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 68(a)

F221 Words in s. 94(2)(c) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 68(b)

F222 Words in s. 94(3)(a) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 43

F223 S. 94(3)(b) substituted for s. 94(3)(b)(c) (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 154; S.I. 2013/1682, art. 3(v)

F224 Words in s. 94(4)(a)(i) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 68(c)

F225 Words in s. 94(6) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 94(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F226 Words in s. 94(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 94(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F227 S. 94(8) definition of “relevant function” para. (aa) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 68(d)

95 Part 2: supply of information by Secretary of State etc. U.K.

(1) A report compiled under section 94 may be supplied by—

(a) the Secretary of State,

F228 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a Northern Ireland Department, or

(c) a person within section 94(2)(c),

to a person within subsection (2).

(2) The persons are—

(a) a chief officer of police (in Scotland, [F229 the chief constable of the Police Service of Scotland]),

[F230 (b) the Serious Organised Crime Agency.]

(3) Such a report may contain any information held—

(a) by the Secretary of State F231 ... or a Northern Ireland Department in connection with the exercise of a relevant function, or

(b) by a person within section 94(2)(c) in connection with the provision of services referred to there.

(4) Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—

(a) may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and

(b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(5) Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94.

Textual Amendments

F228 S. 95(1)(aa) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 69(a)

F229 Words in s. 95(2)(a) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 43

F230 S. 95(2)(b) substituted for s. 95(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 195; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F231 Words in s. 95(3)(a) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 69(b)

Information about release or transfer U.K.

96 Information about release or transfer U.K.

(1) This section applies to a relevant offender who is serving a sentence of imprisonment or a term of service detention, or is detained in a hospital.

(2) The Secretary of State may by regulations make provision requiring notice to be given by the person who is responsible for that offender to persons prescribed by the regulations, of any occasion when the offender is released or a different person becomes responsible for him.

[F232 (2A) The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide—

(a) any information about the offender, or

(b) a photograph of any part of the offender.

(2B) In subsection (2A), “photograph” is to be construed in accordance with section 88(2).]

(3) The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender.

(4) F233 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232 S. 96(2A)(2B) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 79(2), 104; S.S.I. 2006/432, art. 2(d)

F233 S. 96(4) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(5), 206(1); S.I. 2011/178, art. 2, Sch.

[F234 Offences committed in a country outside the United Kingdom N.I.

Textual Amendments

F234 Ss. 96A, 96AA inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(2), 15(2)(c); S.R. 2014/179, art. 2(b)

96A Offences committed in a country outside the United Kingdom N.I.

(1) This section applies to a person (“P”) if the following 3 conditions are met with respect to P.

(2) 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.

(3) The second condition is that—

(a) the first condition is met because of a conviction, finding or caution which occurred on or after 1st 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).

(4) The third condition is that the period set out in section 82 (as modified by subsections (6) and (7) below) in respect of the relevant offence has not expired.

(5) Where this section applies to P, P is subject to the notification requirements of this Part for the notification period set out in section 82; but the application of this Part to P in respect of the conviction, finding or caution is subject—

(a) in all cases, to the modifications set out below; and

(b) in a case where the first condition mentioned in subsection (2) is met by reason of a conviction, finding or caution in a country which is not a member of the Council of Europe, to the further provisions in section 96AA.

(6) The “relevant date” means—

(a) in the case where P is within subsection (2)(a), the date of the conviction;

(b) in the case where P is within subsection (2)(b) or (c), the date of the finding;

(c) in the case where P is within subsection (2)(d), the date of the caution.

(7) 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 subsection (2)(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 this section applies to P;

(d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.

(8) In sections 83 and 85 references to the commencement of this Part are to be read as references to the commencement of section 4 of the Criminal Justice Act (Northern Ireland) 2013.

(9) Section 83 has effect as if after subsection (1) there were inserted—

“(1A) In the case of a person who is not ordinarily resident in Northern Ireland, in calculating the period of 3 days mentioned in subsection (1) there is to be disregarded a period of 7 days (or two or more periods in any period of 12 months taken together which amount to 7 days) after that person's entry into Northern Ireland.”.

(10) 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 section 96A ”; and

(b) in paragraph (a) for the words “the order was made” there were substituted “ he became a person to whom section 96A applies ”.

(11) In this section “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;

and for the purposes of this subsection 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.

96AA Convictions, etc. in a country which is not a member of the Council of Europe N.I.

(1) The further provisions referred to in section 96A(5)(b) are as follows.

(2) Where P is charged with an offence under section 91(1)(a), it is a defence for P to prove that the relevant conviction, finding or caution falls within subsection (4).

(3) P shall cease to be subject to the notification requirements of this Part by virtue of section 96A if the High Court, on an application made by P in accordance with rules of court, so orders; but the High Court shall not make such an order unless it is satisfied that the relevant conviction, finding or caution falls within subsection (4).

(4) A conviction, finding or caution falls within this subsection if the relevant court is satisfied—

(a) that any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights which P would have had if those investigations or proceedings had taken place in the United Kingdom; and

(b) that contravention was such that, in the opinion of the court, the conviction, finding or caution cannot safely be relied on for the purposes of meeting the condition in section 96A(2).

(5) In this section—

• “the relevant conviction, finding or caution” means the conviction, finding or caution by reason of which P is subject, by virtue of section 96A, to the notification requirements of this Part;

• “the relevant court” means—

  (a)

  in a case to which subsection (2) applies, the court before which P is charged;

  (b)

  in a case to which subsection (3) applies, the High Court.]

[F235 Offences outside the United Kingdom: notification requirements U.K.

Textual Amendments

F235 Ss. 96ZA-96ZD and cross-heading inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(2), 208(1); S.I. 2022/1227, reg. 3(b)

96ZA Offences outside the United Kingdom: notification requirements U.K.

(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 Young offenders: parental notices U.K.

(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 Modifications of notification requirements U.K.

(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 Appeal against the issue of a notice under section 96ZA or 96ZB U.K.

(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.]

[F236 Entry and examination of home address S

Textual Amendments

F236 S. 96A inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 80, 104; S.S.I. 2006/432, art. 2(d)

96A Police powers of entry to and examination of relevant offender's home address S

(1) A sheriff may, if satisfied on the application of a senior police officer F237 ... as to the matters mentioned in subsection (2), grant a warrant authorising any constable of the [F238 Police Service of Scotland] to enter premises in the sheriffdom (if necessary using reasonable force) and to examine and search them, and the things in them, for the purpose mentioned in subsection (3).

(2) Those matters are—

(a) that the premises are either—

(i) premises whose address has been notified by a relevant offender as his home address in his most recent notification of a home address under this Part; or

(ii) premises whose address has been notified by a relevant offender as the address of any other premises at which he regularly resides or stays, in his most recent notification under section 83(1) or 85(1) or in any notification under section 84(1) given by him since that notification;

(b) that the offender is not one to whom subsection (4) applies;

(c) that it would assist the carrying out of the purpose mentioned in subsection (3), for a constable of the relevant force to examine and search the premises and the things in them; and

(d) that on more than one occasion, a constable of the [F239 Police Service of Scotland] has attempted to examine and search the premises and the things in them for the purpose mentioned in subsection (3) and has been unable (whether by not being able to search and examine the premises and the things in them, or by not being able to obtain entry to the premises) to do so.

(3) That purpose is assessing the risk of the offender committing a sexual offence.

(4) This subsection applies to the relevant offender if he is—

(a) remanded in or committed to custody by an order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in a hospital; or

(d) outside the United Kingdom.

(5) A sheriff is to determine an application for a warrant under subsection (1) without hearing from the relevant offender or any other person who has an interest in the premises.

(6) A warrant under subsection (1) does not confer power to seize anything in the premises to which it relates.

(7) A warrant under subsection (1) must be executed at a reasonable hour.

(8) A warrant under subsection (1) continues in force until the expiry of the period of one month beginning with the date of the warrant's grant.

(9) A warrant under subsection (1) authorises entry on one occasion only.

(10) This section does not prejudice any other power of entry, examination, search or seizure.

(11) In this section—

• F240 ...

• “senior police officer” means a constable [F241 of the Police Service of Scotland] of the rank of superintendent or above; and

• “sexual offence” means—

  (a)

  an offence within any of paragraphs 36 to 59C of Schedule 3; or

  (b)

  any other offence in circumstances in which it would be likely that a determination such as is mentioned in paragraph 60 of that Schedule would be made in relation to the offence.]

Textual Amendments

F237 Words in s. 96A(1) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(a)(i)

F238 Words in s. 96A(1) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(a)(ii)

F239 Words in s. 96A(2)(d) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(b)

F240 S. 96A(11) definition of “the relevant force” omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(c)(i)

F241 Words in s. 96A(11) definition of “senior police officer” inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(c)(ii)

Modifications etc. (not altering text)

C9 S. 96A(2)(d) modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order2013 (S.S.I. 2013/121), arts. 1(1), 14

[F242 Entry and search of home address E+W+N.I.

Textual Amendments

F242 S. 96B and cross-heading inserted (E.W.N.I.) (31.5.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 58(1), 66(2); S.I. 2007/858, art. 3(f)

96B Power of entry and search of relevant offender's home address E+W+N.I.

(1) If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force—

(a) to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and

(b) to search the premises for that purpose.

(2) The requirements are—

(a) that the address of each set of premises specified in the application is an address falling within subsection (3);

(b) that the relevant offender is not one to whom subsection (4) applies;

(c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and

(d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.

(3) An address falls within this subsection if—

(a) it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or

(b) there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.

(4) This subsection applies to a relevant offender if he is—

(a) remanded in or committed to custody by order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in a hospital; or

(d) outside the United Kingdom.

(5) A warrant issued under this section must specify the one or more sets of premises to which it relates.

(6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

(7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

(8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

(9) In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender—

(a) who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or

(b) in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.

(10) In this section—

• “the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;

• “senior police officer” means a constable of the rank of superintendent or above.]

Notification orders U.K.

[F243 97 Notification orders: applications and grounds U.K.

[F244 (1) [F245 The chief constable of the Police Service of Scotland (“the chief constable”) may by application to any sheriff], apply for an order under this section (a “notification order”) in respect of a person F246 ... if—

(a) it appears to [F247 the chief constable] that the following three conditions are met with respect to the [F248 person], and

(b) the [F249 person] resides in [F250 Scotland] or the [F251 chief constable] believes that the [F249 person] is in, or is intending to come to, [F250 Scotland].

(2) The first condition is that under the law in force in a country outside the United Kingdom—

(a) [F252 the person] has been convicted of a relevant offence (whether or not [F252 the person] has been punished for it),

(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that [F252 the person] is not guilty by reason of insanity,

(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that [F252 the person] is under a disability and did the act charged against [F253 the person] in respect of the offence, or

(d) [F252 the person] has been cautioned in respect of a relevant offence.

(3) The second condition is that—

(a) the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,

(b) the first condition is met because of a conviction or finding which occurred before that date, but the person 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 the person 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).

(4) The third condition is that the period set out in section 82 (as modified by subsections (2) and (3) of section 98) in respect of the relevant offence has not expired.

(5) If on the application it is proved that the conditions in subsections (2) to (4) are met, the [F254 sheriff] must make a notification order.

[F255 (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.]

(6) In this section and section 98, “relevant offence” has the meaning given by section 99.]]

Textual Amendments

F243 Ss. 97-101 repealed (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(3), 15(2)(c)(e), Sch. 4 Pt. 1 (with s. 4(4)); S.R. 2014/179, art. 2(b)

F244 Ss. 97-103 omitted (E.W.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F245 Words in s. 97(1) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(a)(i), 208(1); S.I. 2022/1227, reg. 3(c)

F246 Words in s. 97(1) omitted (S.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(a)(ii), 208(1); S.I. 2022/1227, reg. 3(c)

F247 Words in s. 97(1)(a) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(b)(i), 208(1); S.I. 2022/1227, reg. 3(c)

F248 Word in s. 97(1)(a) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(b)(ii), 208(1); S.I. 2022/1227, reg. 3(c)

F249 Word in s. 97(1)(b) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(c)(i), 208(1); S.I. 2022/1227, reg. 3(c)

F250 Word in s. 97(1)(b) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(c)(ii), 208(1); S.I. 2022/1227, reg. 3(c)

F251 Words in s. 97(1)(b) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(c)(iii), 208(1); S.I. 2022/1227, reg. 3(c)

F252 Words in s. 97(2) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(d)(i), 208(1); S.I. 2022/1227, reg. 3(c)

F253 Words in s. 97(2)(c) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(d)(ii), 208(1); S.I. 2022/1227, reg. 3(c)

F254 Word in s. 97(5) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(e), 208(1); S.I. 2022/1227, reg. 3(c)

F255 S. 97(5A)(5B) inserted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(2)(f), 208(1); S.I. 2022/1227, reg. 3(c)

[F243 98 Notification orders: effect U.K.

[F244 (1) Where a notification order is made—

(a) the application of this Part to the [F256 person in respect of whom the order has effect] in respect of the conviction, finding or caution to which the order relates is subject to the modifications set out below, and

(b) subject to those modifications, the [F257 person] becomes or (as the case may be) remains subject to the notification requirements of this Part for the notification period set out in section 82.

(2) The “relevant date” means—

(a) in the case of a person within section 97(2)(a), the date of the conviction;

(b) in the case of a person within section 97(2)(b) or (c), the date of the finding;

(c) in the case of a person within section 97(2)(d), 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 the [F258 person in respect of whom the order has effect];

(b) the reference in the Table to section 80(1)(d) is to be read as a reference to section 97(2)(d);

(c) references to an order of any description are to be read as references to any corresponding disposal made in relation to the [F259 person in respect of whom the order has effect] in respect of an offence or finding by reference to which the notification order was made;

(d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.

(4) In sections 83 and 85, references to the commencement of this Part are to be read as references to the date of service of the notification order.]]

Textual Amendments

F243 Ss. 97-101 repealed (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(3), 15(2)(c)(e), Sch. 4 Pt. 1 (with s. 4(4)); S.R. 2014/179, art. 2(b)

F244 Ss. 97-103 omitted (E.W.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F256 Words in s. 98(1)(a) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(3)(a), 208(1); S.I. 2022/1227, reg. 3(c)

F257 Word in s. 98(1)(b) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(3)(b), 208(1); S.I. 2022/1227, reg. 3(c)

F258 Words in s. 98(3)(a) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(3)(a), 208(1); S.I. 2022/1227, reg. 3(c)

F259 Words in s. 98(3)(c) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(3)(a), 208(1); S.I. 2022/1227, reg. 3(c)

[F243 99 Sections 97 and 98: relevant offences U.K.

[F244 (1) “Relevant offence” in sections 97 and 98 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.

(2) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) however it is described in that law.

(3) Subject to subsection (4), on an application for a notification order the condition in subsection (1)(b) is to be taken as met unless, not later than rules of court may provide, the [F260 person in respect of whom the order is sought] serves on the applicant a notice—

(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

(b) showing his grounds for that opinion, and

(c) requiring the applicant to prove that the condition is met.

(4) The court, if it thinks fit, may permit the [F261 person in respect of whom the order is sought] to require the applicant to prove that the condition is met without service of a notice under subsection (3).]]

Textual Amendments

F243 Ss. 97-101 repealed (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(3), 15(2)(c)(e), Sch. 4 Pt. 1 (with s. 4(4)); S.R. 2014/179, art. 2(b)

F244 Ss. 97-103 omitted (E.W.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F260 Words in s. 99(3) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(4), 208(1); S.I. 2022/1227, reg. 3(c)

F261 Words in s. 99(4) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(4), 208(1); S.I. 2022/1227, reg. 3(c)

[F243 100 Interim notification orders U.K.

[F244 (1) This section applies where an application for a notification order (“the main application”) has not been determined.

(2) An application for an order under this section (“an interim notification order”)—

(a) may be made in F262 ... the main application, or

(b) if the main application has been made, may be made by the person who has made that application, [F263 by further application to the sheriff to whom the main application has been made].

(3) The court may, if it considers it just to do so, make an interim notification order.

(4) Such an order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the determination of the main application.

(5) While such an order has effect—

(a) the [F264 person in respect of whom the order has effect] is subject to the notification requirements of this Part;

(b) this Part applies to the [F265 person], subject to the modification set out in subsection (6).

(6) The “relevant date” means the date of service of the order.

(7) The applicant or the [F266 person in respect of whom the order has effect] may by [F267 application] apply to the court that made the interim notification order for the order to be varied, renewed or discharged.]]

[F268 (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.]

Textual Amendments

F243 Ss. 97-101 repealed (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(3), 15(2)(c)(e), Sch. 4 Pt. 1 (with s. 4(4)); S.R. 2014/179, art. 2(b)

F244 Ss. 97-103 omitted (E.W.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F262 Words in s. 100(2)(a) omitted (S.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(5)(a)(i), 208(1); S.I. 2022/1227, reg. 3(c)

F263 Words in s. 100(2)(b) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(5)(a)(ii), 208(1); S.I. 2022/1227, reg. 3(c)

F264 Words in s. 100(5)(a) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(5)(b)(i), 208(1); S.I. 2022/1227, reg. 3(c)

F265 Word in s. 100(5)(b) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(5)(b)(ii), 208(1); S.I. 2022/1227, reg. 3(c)

F266 Words in s. 100(7) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(5)(c)(i), 208(1); S.I. 2022/1227, reg. 3(c)

F267 Word in s. 100(7) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(5)(c)(ii), 208(1); S.I. 2022/1227, reg. 3(c)

F268 S. 100(7A)-(7C) inserted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(5)(d), 208(1); S.I. 2022/1227, reg. 3(c)

F269 F244 F270 101 Notification orders and interim notification orders: appeals U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F244 Ss. 97-103 omitted (E.W.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F269 Ss. 97-101 repealed (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(3), 15(2)(c)(e), Sch. 4 Pt. 1 (with s. 4(4)); S.R. 2014/179, art. 2(b)

F270 S. 101 omitted (S.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(6), 208(1); S.I. 2022/1227, reg. 3(c)

102 Appeals in relation to notification orders and interim notification orders: Scotland U.K.

[F244 In Scotland—

(a) an interlocutor granting or refusing a notification order or interim notification order is an appealable interlocutor; and

(b) where an appeal is taken against an interlocutor so granting such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.]

Textual Amendments

F244 Ss. 97-103 omitted (E.W.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F244 F271 103 Sections 97 to 100: Scotland U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F244 Ss. 97-103 omitted (E.W.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F271 S. 103 omitted (S.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(6), 208(1); S.I. 2022/1227, reg. 3(c)

[F272 Sexual harm prevention orders (England and Wales) E+W

Textual Amendments

F272 Ss. 103A-103K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 2 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)

103A Sexual harm prevention orders: applications and grounds E+W

(1) A court may make an order under this section (a “sexual harm prevention order”) in respect of a person (“the defendant”) where subsection (2) or (3) applies to the defendant.

(2) This subsection applies to the defendant where—

(a) the court deals with the defendant in respect of—

F273 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) a finding that the defendant is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or

(iii) a finding that the defendant is under a disability and has done the act charged against the defendant in respect of an offence listed in Schedule 3 or 5,

and

(b) the court is satisfied that it is necessary to make a sexual harm prevention order, for the purpose of—

(i) protecting the public or any particular members of the public from sexual harm from the defendant, or

(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(3) This subsection applies to the defendant where—

(a) an application under subsection (4) has been made in respect of the defendant and it is proved on the application that the defendant is a qualifying offender, F274 ...

[F275 (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.]

[F276 (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.]

(4) [F277 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—]

(a) the person is a qualifying offender, and

(b) the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

[F278 (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.]

[F279 (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) A chief officer of police may make an application under subsection (4) only in respect of a person—

(a) who resides in the chief officer's police area, or

(b) who the chief officer believes is in that area or is intending to come to it.

(6) An application under subsection (4) may be made to any magistrates' court acting for a local justice area that includes—

(a) any part of a relevant police area, or

(b) any place where it is alleged that the person acted in a way mentioned in subsection (4)(b).

[F280 (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.]

(8) Where the defendant is a child, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 103K(1)).

(9) In this section “relevant police area” means—

(a) where the applicant is a chief officer of police, the officer's police area;

(b) where the applicant is the Director General [F281 , the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police]—

(i) the police area where the person in question resides, or

(ii) a police area which the [F282 applicant] believes the person is in or is intending to come to.

Textual Amendments

F273 S. 103A(2)(a)(i) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F274 Word in s. 103A(3)(a) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 174(2)(a), 208(1); S.I. 2022/1227, reg. 3(g)

F275 S. 103A(3)(b)(c) substituted for s. 103A(3)(b) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 174(2)(b), 208(1); S.I. 2022/1227, reg. 3(g)

F276 S. 103A(3A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(4)(a), 208(1); S.I. 2022/1227, reg. 3(f)

F277 Words in s. 103A(4) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(3), 208(1); S.I. 2022/1227, reg. 3(d)

F278 S. 103A(4A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(4), 208(1); S.I. 2022/1227, reg. 3(d)

F279 S. 103A(4B) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(4)(b), 208(1); S.I. 2022/1227, reg. 3(f)

F280 S. 103A(7) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(5), 208(1); S.I. 2022/1227, reg. 3(d)

F281 Words in s. 103A(9)(b) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(6)(a), 208(1); S.I. 2022/1227, reg. 3(d)

F282 Word in s. 103A(9)(b)(ii) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(6)(b), 208(1); S.I. 2022/1227, reg. 3(d)

103B Section 103A: supplemental E+W

(1) In section 103A—

• “appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which the offender was convicted, found or cautioned as mentioned in subsection (2) or (3) below;

• “child” means a person under 18;

• “the public” means the public in the United Kingdom;

• “sexual harm” from a person means physical or psychological harm caused—

  (a)

  by the person committing one or more offences listed in Schedule 3, or

  (b)

  (in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;

• “qualifying offender” means a person within subsection (2) or (3) below;

• “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.

(2) A person is within this subsection if, whether before or after the commencement of this Part, the person—

(a) has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,

(b) has been found not guilty of such an offence by reason of insanity,

(c) has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d) has been cautioned in respect of such an offence.

(3) A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a) the person has been convicted of a relevant offence (whether or not the person has been punished for it),

(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person is not guilty by reason of insanity,

(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence, or

(d) the person has been cautioned in respect of a relevant offence.

(4) In subsection (3), “relevant offence” means an act which—

(a) constituted an offence under the law in force in the country concerned, and

(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.

For this purpose an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law, however it is described in that law.

(5) For the purposes of section 103A, acts, behaviour, convictions and findings include those occurring before the commencement of this Part.

(6) Subject to subsection (7), on an application under section 103A(4) the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,

(b) showing the grounds for that opinion, and

(c) requiring the applicant to prove that the condition is met.

(7) The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).

(8) Subsection (9) applies for the purposes of section 103A and this section.

(9) In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—

(a) to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or

(b) to the age of any person,

is to be disregarded.

103C SHPOs: effect E+W

[F283 (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.]

(2) Subject to section 103D(1), a prohibition [F284 or requirement] contained in a sexual harm prevention order has effect—

(a) for a fixed period, specified in the order, of at least 5 years, or

(b) until further order.

(3) A sexual harm prevention order—

(a) may specify that some of its prohibitions [F285 or requirements] have effect until further order and some for a fixed period;

(b) may specify different periods for different prohibitions [F285 or requirements].

(4) The only prohibitions [F286 or requirements] that may be included in a sexual harm prevention order are those necessary for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

[F287 (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)).]

(5) In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).

(6) Where a court makes a sexual harm prevention order in relation to a person who is already subject to such an order (whether made by that court or another), [F288 or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction),] the earlier order ceases to have effect.

Textual Amendments

F283 S. 103C(1) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(a), 208(1); S.I. 2022/1227, reg. 3(h)

F284 Words in s. 103C(2) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(b), 208(1); S.I. 2022/1227, reg. 3(h)

F285 Words in s. 103C(3) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(c), 208(1); S.I. 2022/1227, reg. 3(h)

F286 Words in s. 103C(4) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(d), 208(1); S.I. 2022/1227, reg. 3(h)

F287 S. 103C(4A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(e), 208(1); S.I. 2022/1227, reg. 3(h)

F288 Words in s. 103C(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 208 (with Sch. 27); S.I. 2020/1236, reg. 2

[F289 103CA SHPOs: requirements included in order etc. E+W

(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.]

Textual Amendments

F289 S. 103CA inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(10), 208(1); S.I. 2022/1227, reg. 3(h)

103D SHPOs: prohibitions on foreign travel E+W

(1) A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.

(2) A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United Kingdom named or described in the order,

(b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c) a prohibition on travelling to any country outside the United Kingdom.

(3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 103E.

(4) A sexual harm prevention order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual harm prevention order containing a prohibition within subsection (2)(c) (unless the person is subject to an equivalent prohibition under another order).

(6) Subsection (5) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(7) In this section “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971;

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.

103E SHPOs: variations, renewals and discharges E+W

(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order.

(2) The persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant resides;

(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;

(d) where the order was made on an application by a chief officer of police under section 103A(4), that officer.

[F290 (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.]

(3) An application under subsection (1) may be made—

(a) where the appropriate court is the Crown Court, in accordance with rules of court;

(b) in any other case, by complaint.

(4) Subject to subsections (5) and (7), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual harm prevention order, that the court considers appropriate.

(5) An order may be renewed, or varied so as to impose additional prohibitions [F291 or requirements] on the defendant, only if it is necessary to do so for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

Any renewed or varied order may contain only such prohibitions [F292 and requirements] as are necessary for this purpose.

[F293 (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.]

[F294 (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.]

(6) In [F295 subsections (2A), (5) and (5B)] “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).

(7) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—

(a) where the application is made by a chief officer of police, that chief officer, or

(b) in any other case, the chief officer of police for the area in which the defendant resides.

(8) Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions [F296 or requirements].

(9) In this section “the appropriate court” means—

(a) where the Crown Court or the Court of Appeal made the sexual harm prevention order, the Crown Court;

(b) where an adult magistrates' court made the order, that court, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;

(c) where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;

(d) where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.

In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.

Textual Amendments

F290 S. 103E(2A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(5)(a), 208(1); S.I. 2022/1227, reg. 3(f)

F291 Words in s. 103E(5) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(11)(a)(i), 208(1); S.I. 2022/1227, reg. 3(h)

F292 Words in s. 103E(5) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(11)(a)(ii), 208(1); S.I. 2022/1227, reg. 3(h)

F293 S. 103E(5A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(11)(b), 208(1); S.I. 2022/1227, reg. 3(h)

F294 S. 103E(5B) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(5)(b), 208(1); S.I. 2022/1227, reg. 3(f)

F295 Words in s. 103E(6) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(5)(c), 208(1); S.I. 2022/1227, reg. 3(f)

F296 Words in s. 103E(8) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(11)(c), 208(1); S.I. 2022/1227, reg. 3(h)

103F Interim SHPOs E+W

(1) This section applies where an application under section 103A(4) (“the main application”) has not been determined.

(2) An application for an order under this section (“an interim sexual harm prevention order”)—

(a) may be made by the complaint by which the main application is made, or

(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

[F297 (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.]

(3) The court may, if it considers it just to do so, make an interim sexual harm prevention order[F298 —

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

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

[F299 (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.]

(4) Such an order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the determination of the main application.

(5) The applicant or the defendant may by complaint apply to the court that made the interim sexual harm prevention order for the order to be varied, renewed or discharged.

[F300 (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.]

[F301 (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)).]

Textual Amendments

F297 S. 103F(2A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(6)(a), 208(1); S.I. 2022/1227, reg. 3(f)

F298 S. 103F(3)(a)(b) substituted for words (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(12), 208(1); S.I. 2022/1227, reg. 3(h)

F299 S. 103F(3A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(6)(b), 208(1); S.I. 2022/1227, reg. 3(f)

F300 S. 103F(6) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(6)(c), 208(1); S.I. 2022/1227, reg. 3(f)

F301 S. 103F(7)(8) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(7), 208(1); S.I. 2022/1227, reg. 3(d)

103G SHPOs and interim SHPOs: notification requirements E+W

(1) Where—

(a) a sexual harm prevention order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and

(b) the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(2) Where a sexual harm prevention order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—

(a) the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and

(b) this Part applies to the defendant, subject to the modification set out in subsection (3).

(3) The “relevant date” is the date of service of the order.

(4) Subsections (1) to (3) apply to an interim sexual harm prevention order as if references to a sexual harm prevention order were references to an interim sexual harm prevention order, and with the omission of “(as renewed from time to time)” in both places.

(5) Where—

(a) a sexual harm prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A), and

(b) by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,

the sexual harm prevention order ceases to have effect.

F302 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F303 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F302 S. 103G(6) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F303 S. 103G(7) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

103H SHPOs and interim SHPOs: appeals E+W

(1) A defendant may appeal against the making of a sexual harm prevention order—

F304 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) where the order was made by virtue of section 103A(2)(a)(ii) or (iii), as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence;

(c) where the order was made on an application under section 103A(4), to the Crown Court.

(2) A defendant may appeal to the Crown Court against the making of an interim sexual harm prevention order.

(3) A defendant may appeal against the making of an order under section 103E, or the refusal to make such an order—

(a) where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b) in any other case, to the Crown Court.

(4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(5) Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 103E(9) or 103F(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).

Textual Amendments

F304 S. 103H(1)(a) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

103I Offence: breach of SHPO or interim SHPO etc E+W

[F305 (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.]

(1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

F306 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F307 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a sexual offences prevention order,

(d) an interim sexual offences prevention order, or

(e) a foreign travel order,

commits an offence.

[F308 (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.]

F309 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

Textual Amendments

F305 S. 103I(A1) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(13)(a), 208(1); S.I. 2022/1227, reg. 3(h)

F306 S. 103I(1)(a) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(13)(b), 208(1); S.I. 2022/1227, reg. 3(h)

F307 S. 103I(1)(b) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(13)(b), 208(1); S.I. 2022/1227, reg. 3(h)

F308 S. 103I(1A)-(1C) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(2), 208(1); S.I. 2023/387, reg. 3(c)

F309 S. 103I(2) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(13)(c), 208(1); S.I. 2022/1227, reg. 3(h)

103J SHPOs and interim SHPOs: guidance E+W

(1) The Secretary of State must issue guidance to [F310 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] in relation to the exercise by them of their powers with regard to sexual harm prevention orders and interim sexual harm prevention orders.

(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.

Textual Amendments

F310 Words in s. 103J(1) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(8), 208(1); S.I. 2022/1227, reg. 3(d)

103K SHPOs and interim SHPOs: supplementary E+W

(1) Rules of court—

(a) may provide for a youth court to give permission for an application under section 103A(4) against a person aged 18 or over to be made to the youth court if—

(i) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and

(ii) the youth court thinks that it would be in the interests of justice for the applications to be heard together;

(b) may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 103A, 103E, 103F or 103G(6) or (7) have begun—

(i) prescribe circumstances in which the proceedings may or must remain in the youth court;

(ii) make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 103F with modifications).

(2) A person's age is treated for the purposes of sections 103A to 103J and this section as being that which it appears to the court to be after considering any available evidence.]

[F311 Sexual offences prevention orders [F312 (Scotland and Northern Ireland)] S+N.I.

Textual Amendments

F311 Ss. 104-122 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 3 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F312 Words in s. 104 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 59 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

[F313 104 Sexual offences prevention orders: applications and grounds S+N.I.

(1) A court may make an order under this section in respect of a person (“the defendant”) where any of subsections (2) to (4) applies to the defendant and—

(a) where subsection (4) applies, it is satisfied that the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant;

(b) in any other case, it is satisfied that it is necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.

(2) This subsection applies to the defendant where the court deals with him in respect of an offence listed in Schedule 3 or 5.

(3) This subsection applies to the defendant where the court deals with him in respect of a finding—

(a) that he is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or

(b) that he is under a disability and has done the act charged against him in respect of such an offence.

(4) This subsection applies to the defendant where—

(a) an application under subsection (5) has been made to the court in respect of him, and

(b) on the application, it is proved that he is a qualifying offender.

(5) A chief officer of police may by complaint to a magistrates' court apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area if it appears to the chief officer that—

(a) the person is a qualifying offender, and

(b) the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(6) An application under subsection (5) may be made to any magistrates' court whose commission area includes—

(a) any part of the applicant’s police area, or

(b) any place where it is alleged that the person acted in a way mentioned in subsection (5)(b).]

Textual Amendments

F313 Ss. 104-109 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(a), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F313 105 SOPOs: further provision as respects Scotland S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F313 Ss. 104-109 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(a), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

[F313 106 Section 104: supplemental S+N.I.

(1) In this Part, “sexual offences prevention order” means an order under section 104 or 105.

(2) Subsections (3) to (8) apply for the purposes of section 104.

(3) “Protecting the public or any particular members of the public from serious sexual harm from the defendant” means protecting the public in the United Kingdom or any particular members of that public from serious physical or psychological harm, caused by the defendant committing one or more offences listed in Schedule 3.

(4) Acts, behaviour, convictions and findings include those occurring before the commencement of this Part.

(5) “Qualifying offender” means a person within subsection (6) or (7).

(6) A person is within this subsection if, whether before or after the commencement of this Part, he—

(a) has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,

(b) has been found not guilty of such an offence by reason of insanity,

(c) has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d) in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.

(7) A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a) he has been convicted of a relevant offence (whether or not he 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 he 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 he is under a disability and did the act charged against him in respect of the offence, or

(d) he has been cautioned in respect of a relevant offence.

(8) “Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (6) or (7).

(9) In subsection (7), “relevant offence” means an act which—

(a) constituted an offence under the law in force in the country concerned, and

(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.

(10) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (9), however it is described in that law.

(11) Subject to subsection (12), on an application under section 104(5) the condition in subsection (9)(b) (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

(b) showing his grounds for that opinion, and

(c) requiring the applicant to prove that the condition is met.

(12) The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (11).

[F314 (13) Subsection (14) applies for the purposes of section 104 and this section [F315 in their application in relation to England and Wales or Northern Ireland].

(14) In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—

(a) to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or

(b) to the age of any person,

is to be disregarded.]]

Textual Amendments

F313 Ss. 104-109 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(a), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F314 S. 106(13)(14) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 141(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 44 (subject to Sch. 2)

F315 Words in s. 106(13) repealed (S.) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 100(2)(a), 206(1); S.S.I. 2011/354, art. 2, sch.

[F313 107 SOPOs: effect S+N.I.

(1) A sexual offences prevention order—

(a) prohibits the defendant from doing anything described in the order [F316 or requires the defendant to do anything described in the order (or both)], and

(b) has effect for a fixed period (not less than 5 years) specified in the order or until further order.

(2) The only prohibitions [F317 or requirements] that may be included in the order are those necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.

(3) Where—

(a) an order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and

(b) the defendant would (apart from this subsection [F318 and sections 88F and 88G]) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

[F319 (3A) Where—

(a) a sexual offences prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A); and

(b) by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,

the sexual offences prevention order ceases to have effect.

(3B) Subsection (3A) applies to the orders mentioned in section 108(8)(b) and (c) as it applies to sexual offences prevention orders.]

(4) Where an order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—

(a) the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and

(b) this Part applies to the defendant, subject to the modification set out in subsection (5).

(5) The “relevant date” is the date of service of the order.

(6) Where a court makes a sexual offences prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

(7) Section 106(3) applies for the purposes of this section and section 108.]

Textual Amendments

F313 Ss. 104-109 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(a), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F316 Words in s. 107(1)(a) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(2)(a), 15(2)(c); S.R. 2014/179, art. 2(c)

F317 Words in s. 107(2) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(2)(b), 15(2)(c); S.R. 2014/179, art. 2(c)

F318 Words in s. 107(3)(b) inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(1)(a)

F319 S. 107(3A) inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(1)(b)

[F313 108 SOPOs: variations, renewals and discharges S+N.I.

(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual offences prevention order.

(2) The persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant resides;

(c) a chief officer of police who believes that the defendant is in, or is intending to come to, his police area;

(d) where the order was made on an application under section 104(5), the chief officer of police who made the application.

(3) An application under subsection (1) may be made—

(a) where the appropriate court is the Crown Court, in accordance with rules of court;

(b) in any other case, by complaint.

(4) Subject to subsections (5) and (6), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual offences prevention order, that the court considers appropriate.

(5) An order may be renewed, or varied so as to impose additional prohibitions [F320 or requirements] on the defendant, only if it is necessary to do so for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant (and any renewed or varied order may contain only such prohibitions [F320 or requirements] as are necessary for this purpose).

(6) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—

(a) where the application is made by a chief officer of police, that chief officer, or

(b) in any other case, the chief officer of police for the area in which the defendant resides.

(7) In this section “the appropriate court” means—

(a) where the Crown Court or the Court of Appeal made the sexual offences prevention order, the Crown Court;

(b) where a magistrates' court made the order, that court, a magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer’s police area;

(c) where a youth court made the order, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court whose commission area includes any part of the chief officer’s police area.

(8) This section applies to orders under—

(a) section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders),

(b) section F321 ... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in F321 ... Scotland), and

(c) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland),

as it applies to sexual offences prevention orders.]

Textual Amendments

F313 Ss. 104-109 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(a), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F320 Words in s. 108(5) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(3), 15(2)(c); S.R. 2014/179, art. 2(c)

F321 Words in s. 108(8)(b) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 60 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

[F313 109 Interim SOPOs S+N.I.

(1) This section applies where an application under section 104(5) or 105(1) (“the main application”) has not been determined.

(2) An application for an order under this section (“an interim sexual offences prevention order”)—

(a) may be made by the complaint by which the main application is made, or

(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3) The court may, if it considers it just to do so, make an interim sexual offences prevention order, prohibiting the defendant from doing anything described in the order [F322 or requiring the defendant to do anything described in the order (or both)].

(4) Such an order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the determination of the main application.

(5) [F323 Section [F324 107(3)] [F324 107(2)]] [F323 Section 107(2)] to (5) apply to an interim sexual offences prevention order as if references to an order were references to such an order, and with the omission of “as renewed from time to time” in both places.

(6) The applicant or the defendant may by complaint apply to the court that made the interim sexual offences prevention order for the order to be varied, renewed or discharged.

(7) Subsection (6) applies to orders under—

(a) section F325 ... 20(4)(a) of the Crime and Disorder Act 1998 (c. 37) (interim orders made in F325 ... Scotland), and

(b) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (interim orders made in Northern Ireland),

as it applies to interim sexual offences prevention orders.]

Textual Amendments

F313 Ss. 104-109 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(a), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F322 Words in s. 109(3) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(4)(a), 15(2)(c); S.R. 2014/179, art. 2(c)

F323 Words in s. 109(5) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(4)(b), 15(2)(c); S.R. 2014/179, art. 2(c)

F324 Word in s. 109(5) substituted (S.) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 100(2)(b), 206(1); S.S.I. 2011/354, art. 2, Sch.

F325 Words in s. 109(7)(a) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 61 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F327 110 [F326 Appeals in relation to SOPOs and interim SOPOs: Northern Ireland] N.I.

(1) A defendant may appeal against the making of a sexual offences prevention order—

(a) where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;

(b) where section 104(3) (but not section 104(2)) applied to him, as if he had been convicted of the offence and the order were a sentence passed on him for that offence;

(c) where the order was made on an application under section 104(5), to [F328 a county court].

(2) A defendant may appeal to [F329 a county court] against the making of an interim sexual offences prevention order.

(3) A defendant may appeal against the making of an order under section 108, or the refusal to make such an order—

(a) where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b) in any other case, to [F330 a county court].

(4) On an appeal under subsection (1)(c), (2) or (3)(b), [F331 the county court] may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

[F332 (5) Any order made by a county court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 108(7) or 109(6) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).]

Textual Amendments

F326 S. 110 heading substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 62(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F327 S. 110: by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3), it is provided (S.) (31.3.2023) that s. 110 is repealed. [Editorial note: the purported repeal cannot be applied because the affected provision extends to Northern Ireland only since 8.3.2015 and no longer extends to Scotland.]

F328 Words in s. 110(1)(c) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 62(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F329 Words in s. 110(2) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 62(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F330 Words in s. 110(3)(b) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 62(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F331 Words in s. 110(4) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 62(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F332 S. 110(5) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 62(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F333 111 Appeals in relation to SOPOs and interim SOPOs: Scotland S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F333 S. 111 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F334 111A SOPO and interim SOPO requirements: Scotland S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F334 S. 111A repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F335 112 Sections 104 and 106 to 109: Scotland S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F335 S. 112 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

[F337 113 Offence: breach of SOPO or interim SOPO [F336 etc] S+N.I.

(1) A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—

(a) a sexual offences prevention order;

(b) an interim sexual offences prevention order;

(c) an order under section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

(d) an order under section F338 ... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made F338 ... in Scotland);

(e) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland).

[F339 (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.]

[F340 (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)

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

  (b)

  an interim sexual harm prevention order made under section 21 of that Act.]

[F341 (1A) A person commits an offence if, without reasonable excuse, he fails to do anything which he is required to do by a sexual offences prevention order or an interim sexual offences prevention order.]

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge or, in Scotland, a [F342 community payback order].]

Textual Amendments

F336 Word in s. 113 heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 63(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F337 S. 113 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F338 Words in s. 113(1)(d) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 63(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F339 S. 113(1ZA) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(2), 208(1); S.I. 2022/1227, reg. 3(j)

F340 S. 113(1ZB)(1ZC) inserted (31.3.2023 for N.I.) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(3), 208(1); S.I. 2023/387, reg. 3(c)

F341 S. 113(1A) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(5), 15(2)(c); S.R. 2014/179, art. 2(c)

F342 Words in s. 113(3) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(4) (with art. 3)

Foreign travel orders [F343 (Scotland and Northern Ireland)] S+N.I.

Textual Amendments

F343 Words in s. 114 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 64 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

[F344 114 Foreign travel orders: applications and grounds S+N.I.

(1) A chief officer of police may by complaint to a magistrates' court apply for an order under this section (a “foreign travel order”) in respect of a person (“the defendant”) who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—

(a) the defendant is a qualifying offender, and

(b) the defendant has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(2) An application under subsection (1) may be made to any magistrates' court whose commission area includes any part of the applicant’s police area.

(3) On the application, the court may make a foreign travel order if it is satisfied that—

(a) the defendant is a qualifying offender, and

(b) the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.]

Textual Amendments

F344 S. 114 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

[F345 115 Section 114: interpretation S+N.I.

(1) Subsections (2) to (5) apply for the purposes of section 114.

(2) “Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom” means protecting persons [F346 under 18] generally or any particular person [F346 under 18] from serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom.

(3) Acts and behaviour include those occurring before the commencement of this Part.

(4) “Qualifying offender” has the meaning given by section 116.

(5) “Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section 116.

(6) F347 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F345 S. 115 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F346 Words in s. 115(2) substituted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009, {ss. 23(1)(a)}, 116(1) (with 23(2)); S.I. 2010/507, art. 5(j) (subject to art. 6) and "18" substituted (S.) (13.12.2010) for "16" by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 101(2), 206(1); S.S.I. 2010/413, art. 2, Sch.

F347 S. 115(6) repealed (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009, ss. 112(2), 116(1), {Sch. 8 Pt. 2}; S.I. 2010/507, art. 5(x) (subject to art. 6)

116 Section 114: qualifying offenders N.I.

(1) A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—

(a) has been convicted of an offence within subsection (2),

(b) has been found not guilty of such an offence by reason of insanity,

(c) has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d) in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.

(2) The offences are—

(a) an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;

(b) an offence within paragraph 31 [F348 or 92S] of that Schedule, if the intended offence was an offence against a person [F349 under 18];

(c) an offence within paragraph 93 [F350 or 93A] of that Schedule, if—

(i) the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;

(ii) the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person [F349 under 18]; or

(iii) the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was [F349 under 18] at the time of the offence.

(d) an offence within any other paragraph of that Schedule, if the victim of the offence was [F349 under 18] at the time of the offence.

[F351 (2A) In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.]

(3) A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a) he has been convicted of a relevant offence (whether or not he 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 he 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 he is under a disability and did the act charged against him in respect of the offence, or

(d) he has been cautioned in respect of a relevant offence.

(4) In subsection (3), “relevant offence” means an act which—

(a) constituted an offence under the law in force in the country concerned, and

(b) would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.

(5) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.

(6) Subject to subsection (7), on an application under section 114 the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

(b) showing his grounds for that opinion, and

(c) requiring the applicant to prove that the condition is met.

(7) The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).

Extent Information

E5 This version of this provision extends to Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F348 Words in s. 116(2)(b) inserted (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(2), Sch. 7 para. 12(1)

F349 Words in s. 116(2)(b)(c)(ii)(iii)(d) substituted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 23(1)(b)(2), 116(1); S.I. 2010/507, art. 5(j) (subject to art. 6)

F350 Words in s. 116(2)(c) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F351 S. 116(2A) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F654 116 Section 114: qualifying offenders S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F654 S. 116 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

[F352 117 Foreign travel orders: effect S+N.I.

(1) A foreign travel order has effect for a fixed period of not more than [F353 5 years], specified in the order.

(2) The order prohibits the defendant from doing whichever of the following is specified in the order—

(a) travelling to any country outside the United Kingdom named or described in the order,

(b) travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c) travelling to any country outside the United Kingdom.

(3) The only prohibitions that may be included in the order are those necessary for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.

(4) If at any time while an order (as renewed from time to time) has effect a defendant is not a relevant offender, the order causes him to be subject to the requirements imposed by regulations made under section 86(1) (and for these purposes the defendant is to be treated as if he were a relevant offender).

(5) Where a court makes a foreign travel order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

(6) Section 115(2) applies for the purposes of this section and section 118.]

Textual Amendments

F352 S. 117 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F353 Words in s. 117(1) substituted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 24(1), 116(1) (with s. 24(2)); S.I. 2010/507, art. 5(k) (subject to art. 6) and said words substituted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 101(4), 206(1); S.S.I. 2010/413, art. 2, Sch.

[F354 117A [F355 Surrender of passports: Northern Ireland] N.I.

(1) This section applies in relation to a foreign travel order which contains a prohibition within section 117(2)(c).

(2) The order must require the defendant to surrender all of the defendant's passports, at a police station [F356 in Northern Ireland] specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(3) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel order containing a prohibition within section 117(2)(c) [F357 (unless the person is subject to an equivalent prohibition under another order)].

(4) Subsection (3) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(5) In this section “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971;

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.]

Textual Amendments

F354 S. 117A inserted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 25(2), 116(1) (with s. 25(4)); S.I. 2010/507, art. 5(l) (subject to art. 6)

F355 S. 117A heading substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 65(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F356 Words in s. 117A(2) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 65(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F357 Words in s. 117A(3) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 65(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F358 117B Surrender of passports: Scotland S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F358 S. 117B repealed (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(c), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

[F359 118 Foreign travel orders: variations, renewals and discharges S+N.I.

(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a foreign travel order.

(2) The persons are—

(a) the defendant;

(b) the chief officer of police on whose application the foreign travel order was made;

(c) the chief officer of police for the area in which the defendant resides;

(d) a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.

(3) Subject to subsection (4), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the foreign travel order, that the court considers appropriate.

(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).

(5) In this section “the appropriate court” means—

(a) the court which made the foreign travel order;

(b) a magistrates' court for the area in which the defendant resides; or

(c) where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of his police area.]

Textual Amendments

F359 S. 118 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(d), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

119 [F360 Appeals in relation to foreign travel orders: Northern Ireland] N.I.

(1) A defendant may appeal to [F361 a county court]—

(a) against the making of a foreign travel order;

(b) against the making of an order under section 118, or the refusal to make such an order.

(2) On any such appeal, [F362 the county court] may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

[F363 (3) Any order made by a county court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 118(5) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).]

Textual Amendments

F360 S. 119 heading substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 67(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F361 Words in s. 119(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 67(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F362 Words in s. 119(2) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 67(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F363 S. 119(3) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 67(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F364 120 Appeals in relation to foreign travel orders: Scotland S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F364 S. 120 repealed (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(e), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F365 121 Sections 114 to 118: Scotland S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F365 S. 121 repealed (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(e), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

[F367 122 Offence: breach of foreign travel order [F366 etc] S+N.I.

(1) A person commits an offence if, without reasonable [F368 excuse—

(a) he] does anything which he is prohibited from doing by a foreign travel order [F369 , F370 ...

(b) he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order] [F371 , 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).]

[F372 (1A) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).]

[F373 (1B) A person commits an offence if, without reasonable excuse, the person fails to comply with—

(a) a requirement under section 117A(2) (surrender of passports: F374 ... Northern Ireland), or

(b) a requirement under section 117B(2) (surrender of passports: Scotland).

(1C) A person may be prosecuted, tried and punished for any offence under subsection (1B)—

(a) in any sheriff court district in which the person is apprehended or is in custody, or

(b) in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).]

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge (or, in Scotland, a [F375 community payback order]).]]

Textual Amendments

F366 Word in s. 122 heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 68(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F367 S. 122 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(e), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F368 Words in s. 122(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 68(3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F369 S. 122(1)(b) and preceding word inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 68(3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F370 Word in s. 122(1)(a) omitted (31.3.2023 for N.I.) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(4)(a), 208(1); S.I. 2023/387, reg. 3(c)

F371 S. 122(1)(c) and word inserted (31.3.2023 for N.I.) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(4)(b), 208(1); S.I. 2023/387, reg. 3(c)

F372 S. 122(1A) inserted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 25(3), 116(1); S.I. 2010/507, art. 5(l) (subject to art. 6)

F373 S. 122(1B)(1C) inserted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 101(6), 206(1); S.S.I. 2010/413, art. 2, Sch.

F374 Words in s. 122(1B)(a) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 68(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F375 Words in s. 122(3) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(5) (with art. 3)

Modifications etc. (not altering text)

C10 S. 122(1B)(b) extended (E.W.N.I.) (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 3(1) (with art. 4(4))

[F376 Sexual risk orders (England and Wales) E+W

Textual Amendments

F376 Ss. 122A-122K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 4 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)

122A Sexual risk orders: applications, grounds and effect E+W

[F377 (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.]

(2) The condition is that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for a sexual risk order to be made.

[F378 (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.]

(3) A chief officer of police may make an application under subsection (1) only in respect of a person—

(a) who resides in the chief officer's police area, or

(b) who the chief officer believes is in that area or is intending to come to it.

(4) An application under subsection (1) may be made to any magistrates' court acting for a local justice area that includes—

(a) any part of a relevant police area, or

(b) any place where it is alleged that the person acted in a way mentioned in subsection (2).

[F379 (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.]

[F380 (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.]

[F381 (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.]

[F382 (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.]

(8) A sexual risk order may specify[F383 —

(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].

(9) The only prohibitions [F384 or requirements] that may be imposed are those necessary for the purpose of—

(a) protecting the public or any particular members of the public from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

[F385 (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)).]

(10) Where a court makes a sexual risk order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

Textual Amendments

F377 S. 122A(1)(1A) substituted for s. 122A(1) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(10), 208(1); S.I. 2022/1227, reg. 3(d)

F378 S. 122A(2A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(7)(a), 208(1); S.I. 2022/1227, reg. 3(f)

F379 S. 122A(5) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(11), 208(1); S.I. 2022/1227, reg. 3(d)

F380 S. 122A(6) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 174(3), 208(1); S.I. 2022/1227, reg. 3(g)

F381 S. 122A(6A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(7)(b), 208(1); S.I. 2022/1227, reg. 3(f)

F382 S. 122A(7) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(2)(a), 208(1); S.I. 2022/1227, reg. 3(i)

F383 S. 122A(8)(a)(b) substituted for words in s. 122A(8) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(2)(b), 208(1); S.I. 2022/1227, reg. 3(i)

F384 Words in s. 122A(9) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(2)(c), 208(1); S.I. 2022/1227, reg. 3(i)

F385 S. 122A(9A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(2)(d), 208(1); S.I. 2022/1227, reg. 3(i)

122B Section 122A: interpretation E+W

(1) In section 122A—

• “child” means a person under 18;

• “harm” from the defendant means physical or psychological harm caused by the defendant doing an act of a sexual nature;

• “the public” means the public in the United Kingdom;

• “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.

(2) Where the defendant is a child, a reference in that section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 122K(1)).

(3) In that section “relevant police area” means—

(a) where the applicant is a chief officer of police, the officer's police area;

(b) where the applicant is the [F386 applicant] of the National Crime Agency [F387 , the chief constable of the British Transport Police Force or the chief constable for the Ministry of Defence Police]—

(i) the police area where the person in question resides, or

(ii) a police area which the Director General believes the person is in or is intending to come to.

Textual Amendments

F386 Word in s. 122B(3)(b)(ii) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(12)(b), 208(1); S.I. 2022/1227, reg. 3(d)

F387 Words in s. 122B(3)(b) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(12)(a), 208(1); S.I. 2022/1227, reg. 3(d)

[F388 122BA Sexual risk orders: requirements included in order etc. E+W

(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.]

Textual Amendments

F388 S. 122BA inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(3), 208(1); S.I. 2022/1227, reg. 3(i)

122C Sexual risk orders: prohibitions on foreign travel E+W

(1) A prohibition on foreign travel contained in a sexual risk order must not be for a period of more than 5 years.

(2) A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United Kingdom named or described in the order,

(b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c) a prohibition on travelling to any country outside the United Kingdom.

(3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 122D.

(4) A sexual risk order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order).

(6) Subsection (5) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(7) In this section “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971;

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.

122D Sexual risk order: variations, renewals and discharges E+W

(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a sexual risk order.

(2) The persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant resides;

(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;

[F389 (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.]

(d) where the order was made on an application by a chief officer of police, that officer.

(3) Subject to subsections (4) and (5), on [F390 an application made under this section] the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual risk order, that the court considers appropriate.

(4) An order may be renewed, or varied so as to impose additional prohibitions [F391 or requirements] on the defendant, only if it is necessary to do so for the purpose of—

(a) protecting the public or any particular members of the public from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

Any renewed or varied order may contain only such prohibitions [F392 and requirements] as are necessary for this purpose.

[F393 (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.]

[F394 (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.]

(5) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and—

(a) where the application is made by a chief officer of police, that chief officer, or

(b) in any other case, the chief officer of police for the area in which the defendant resides.

(6) Section 122B(1) applies for the purposes of this section.

(7) In this section “the appropriate court” means—

(a) where an adult magistrates' court made the sexual risk order, that court, any adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;

(b) where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;

(c) where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.

In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.

Textual Amendments

F389 S. 122D(2A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(8)(a), 208(1); S.I. 2022/1227, reg. 3(f)

F390 Words in s. 122D(3) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(8)(b), 208(1); S.I. 2022/1227, reg. 3(f)

F391 Words in s. 122D(4) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(4)(a)(i), 208(1); S.I. 2022/1227, reg. 3(i)

F392 Words in s. 122D(4) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(4)(a)(ii), 208(1); S.I. 2022/1227, reg. 3(i)

F393 S. 122D(4A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(4)(b), 208(1); S.I. 2022/1227, reg. 3(i)

F394 S. 122D(4B) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(8)(c), 208(1); S.I. 2022/1227, reg. 3(f)

122E Interim sexual risk orders E+W

(1) This section applies where an application for a sexual risk order (“the main application”) has not been determined.

(2) An application for an order under this section (“an interim sexual risk order”)—

(a) may be made by the complaint by which the main application is made, or

(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

[F395 (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.]

(3) The court may, if it considers it just to do so, make an interim sexual risk order[F396 —

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

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

[F397 (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.]

(4) Such an order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the determination of the main application.

(5) The applicant or the defendant may by complaint apply to the court that made the interim sexual risk order for the order to be varied, renewed or discharged.

[F398 (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.]

[F399 (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)).]

Textual Amendments

F395 S. 122E(2A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(9)(a), 208(1); S.I. 2022/1227, reg. 3(f)

F396 S. 122E(3)(a)(b) substituted (29.11.2022) for words by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(5), 208(1); S.I. 2022/1227, reg. 3(i)

F397 S. 122E(3A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(9)(b), 208(1); S.I. 2022/1227, reg. 3(f)

F398 S. 122E(6) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(9)(c), 208(1); S.I. 2022/1227, reg. 3(f)

F399 S. 122E(7)(8) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(13), 208(1); S.I. 2022/1227, reg. 3(d)

122F Sexual risk orders and interim sexual risk orders: notification requirements U.K.

(1) A person in respect of whom a court makes—

(a) a sexual risk order (other than one that replaces an interim sexual risk order), or

(b) an interim sexual risk order,

must, within the period of 3 days beginning with the date of service of the order, notify to the police the information set out in subsection (2) (unless the person is subject to the notification requirements of this Part on that date).

(2) The information is—

(a) the person's name and, where the person uses one or more other names, each of those names;

(b) the person's home address.

(3) A person who—

(a) is subject to a sexual risk order or an interim sexual risk order (but is not subject to the notification requirements of this Part), and

(b) uses a name which has not been notified under this section (or under any other provision of this Part), or changes home address,

must, within the period of 3 days beginning with the date on which that happens, notify to the police that name or (as the case may be) the new home address.

(4) Sections 87 (method of notification and related matters) and 91 (offences relating to notification) apply for the purposes of this section—

(a) with references to section 83(1) being read as references to subsection (1) above,

(b) with references to section 84(1) being read as references to subsection (3) above, and

(c) with the omission of section 87(2)(b).

122G Sexual risk orders and interim sexual risk orders: appeals E+W

(1) A defendant may appeal to the Crown Court—

(a) against the making of a sexual risk order;

(b) against the making of an interim sexual risk order; or

(c) against the making of an order under section 122D, or the refusal to make such an order.

(2) On any such appeal, the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(3) Any order made by the Crown Court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 122D(7) or 122E(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).

122H Offence: breach of sexual risk order or interim sexual risk order etc E+W

[F400 (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.]

(1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

F401 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F402 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a risk of sexual harm order,

(d) an interim risk of sexual harm order,

F403 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F404 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

commits an offence.

[F405 (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.]

F406 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

Textual Amendments

F400 S. 122H(A1) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(6)(a), 208(1); S.I. 2022/1227, reg. 3(i)

F401 S. 122H(1)(a) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(6)(b), 208(1); S.I. 2022/1227, reg. 3(i)

F402 S. 122H(1)(b) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(6)(b), 208(1); S.I. 2022/1227, reg. 3(i)

F403 S. 122H(1)(e) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(5)(a), 208(1); S.I. 2023/387, reg. 3(c) (with reg. 4(1))

F404 S. 122H(1)(f) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(5)(a), 208(1); S.I. 2023/387, reg. 3(c) (with reg. 4(1))

F405 S. 122H(1A)-(1C) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(5)(b), 208(1); S.I. 2023/387, reg. 3(c)

F406 S. 122H(2) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(6)(c), 208(1); S.I. 2022/1227, reg. 3(i)

122I Effect of conviction etc of an offence under section 122H etc E+W

(1) This section applies to a person (“the defendant”) who—

(a) is convicted of an offence mentioned in subsection (2);

(b) is found not guilty of such an offence by reason of insanity;

(c) is found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d) is cautioned in respect of such an offence.

(2) Those offences are—

(a) an offence under section 122H or 128 of this Act;

F407 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F408 (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.]

(3) Where—

(a) a defendant was a relevant offender immediately before this section applied to the defendant, and

(b) the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the relevant order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(4) Where the defendant was not a relevant offender immediately before this section applied to the defendant—

(a) this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to the defendant until the relevant order (as renewed from time to time) ceases to have effect, and

(b) this Part applies to the defendant, subject to the modification set out in subsection (5).

(5) The “relevant date” is the date on which this section first applies to the defendant.

(6) In this section “relevant order” means—

(a) where the conviction, finding [F409 , caution or acquittal] within subsection (1) [F410 or (2A)] is in respect of a breach of a sexual risk order or a risk of sexual harm order, that order;

(b) where the conviction, finding [F411 , caution or acquittal] within subsection (1) [F412 or (2A)] is in respect of a breach of an interim sexual risk order or an interim risk of sexual harm order, any sexual risk order or risk of sexual harm order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.

[F413 (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.]

F414 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F407 S. 122I(2)(b) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(1)(a), 208(1); S.I. 2023/387, reg. 3(d) (with reg. 4(1))

F408 S. 122I(2A)(2B) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(1)(b), 208(1); S.I. 2023/387, reg. 3(d)

F409 Words in s. 122I(6)(a) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(1)(c)(i), 208(1); S.I. 2023/387, reg. 3(d)

F410 Words in s. 122I(6)(a) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(1)(c)(ii), 208(1); S.I. 2023/387, reg. 3(d)

F411 Words in s. 122I(6)(b) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(1)(c)(iii), 208(1); S.I. 2023/387, reg. 3(d)

F412 Words in s. 122I(6)(b) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(1)(c)(iv), 208(1); S.I. 2023/387, reg. 3(d)

F413 S. 122I(6A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(1)(d), 208(1); S.I. 2023/387, reg. 3(d)

F414 S. 122I(7) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(1)(e), 208(1); S.I. 2023/387, reg. 3(d) (with reg. 4(1))

122J Sexual risk orders and interim sexual risk orders: guidance E+W

(1) The Secretary of State must issue guidance to [F415 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] in relation to the exercise by them of their powers with regard to sexual risk orders and interim sexual risk orders.

(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.

Textual Amendments

F415 Words in s. 122J(1) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(14), 208(1); S.I. 2022/1227, reg. 3(d)

122K Sexual risk orders and interim sexual risk orders: supplementary E+W

(1) Rules of court—

(a) may provide for a youth court to give permission for an application under section 122A against a person aged 18 or over to be made to the youth court if—

(i) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and

(ii) the youth court thinks that it would be in the interests of justice for the applications to be heard together;

(b) may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 122A, 122D or 122E have begun—

(i) prescribe circumstances in which the proceedings may or must remain in the youth court;

(ii) make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 122E with modifications).

(2) A person's age is treated for the purposes of sections 122A to 122J and this section as being that which it appears to the court to be after considering any available evidence.]

[F416 Risk of sexual harm orders [F417 (Northern Ireland)] N.I.

Textual Amendments

F416 Ss. 123-129 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 5(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F417 Words in s. 123 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 69 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

123 Risk of sexual harm orders: applications, grounds and effect N.I.

(1) [F418 The Chief Constable of the Police Service of Northern Ireland] may by complaint to [F419 a court of summary jurisdiction] apply for an order under this section (a “risk of sexual harm order”) in respect of a person aged 18 or over (“the defendant”) who resides in [F420 Northern Ireland] or who [F421 the Chief Constable] believes is in, or is intending to come to, [F420 Northern Ireland] if it appears to [F421 the Chief Constable] that—

(a) the defendant has on at least two occasions, whether before or after the commencement of this Part, done an act within subsection (3), and

(b) as a result of those acts, there is reasonable cause to believe that it is necessary for such an order to be made.

F422 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The acts are—

(a) engaging in sexual activity involving a child or in the presence of a child;

(b) causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual;

(c) giving a child anything that relates to sexual activity or contains a reference to such activity;

(d) communicating with a child, where any part of the communication is sexual.

(4) On the application, the court may make a risk of sexual harm order if it is satisfied that—

(a) the defendant has on at least two occasions, whether before or after the commencement of this section, done an act within subsection (3); and

(b) it is necessary to make such an order, for the purpose of protecting children generally or any child from harm from the defendant.

(5) Such an order—

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

(b) has effect for a fixed period (not less than 2 years) specified in the order or until further order.

(6) The only prohibitions that may be imposed are those necessary for the purpose of protecting children generally or any child from harm from the defendant.

(7) Where a court makes a risk of sexual harm order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

Textual Amendments

F418 Words in s. 123(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(2)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F419 Words in s. 123(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(2)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F420 Words in s. 123(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(2)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F421 Words in s. 123(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(2)(d) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F422 S. 123(2) repealed (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

124 Section 123: interpretation N.I.

(1) Subsections (2) to (7) apply for the purposes of section 123.

(2) “Protecting children generally or any child from harm from the defendant” means protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).

(3) “Child” means a person under 16.

(4) “Image” means an image produced by any means, whether of a real or imaginary subject.

(5) “Sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.

(6) A communication is sexual if—

(a) any part of it relates to sexual activity, or

(b) a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the communication is sexual.

(7) An image is sexual if—

(a) any part of it relates to sexual activity, or

(b) a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the image is sexual.

F423 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F423 S. 124(8) repealed (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(2), Sch. 7 para. 12(2), Sch. 8 Pt. 5

125 RSHOs: variations, renewals and discharges N.I.

(1) A person within subsection (2) may by complaint to [F424 the appropriate court] [F424 a court of summary jurisdiction ] apply for an order varying, renewing or discharging a risk of sexual harm order.

(2) The persons are—

(a) the defendant;

[F425 (b) the Chief Constable of the Police Service of Northern Ireland.]

(3) Subject to subsections (4) and (5), on the application the court, after hearing the person making the application[F426 , and the other person mentioned in subsection (2) (if that person wishes to be heard)], may make any order, varying, renewing or discharging the risk of sexual harm order, that the court considers appropriate.

(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from harm from the defendant (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).

(5) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and [F427 the Chief Constable of the Police Service of Northern Ireland].

(6) Section 124(2) applies for the purposes of this section.

[F428 (7) In this section “the appropriate court” means—

(a) the court which made the risk of sexual harm order;

[F429 (b) a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides;

(c) where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.]]

Textual Amendments

F424 Words in s. 125(1) substituted (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 123(2)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F425 S. 125(2)(b) substituted for s. 125(2)(b)-(d) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 71(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F426 Words in s. 125(3) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 71(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F427 Words in s. 125(5) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 71(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F428 S. 125(7) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 123(2)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F429 S. 125(7)(b)(c) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 71(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

126 Interim RSHOs N.I.

(1) This section applies where an application for a risk of sexual harm order (“the main application”) has not been determined.

(2) An application for an order under this section (“an interim risk of sexual harm order”)—

(a) may be made by the complaint by which the main application is made, or

(b) if the main application has been made, may be made by [F430 the Chief Constable of the Police Service of Northern Ireland], by complaint to the court to which that application has been made.

(3) The court may, if it considers it just to do so, make an interim risk of sexual harm order, prohibiting the defendant from doing anything described in the order.

(4) Such an order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the determination of the main application.

(5) The applicant or the defendant may by complaint apply to the court that made the interim risk of sexual harm order for the order to be varied, renewed or discharged.

Textual Amendments

F430 Words in s. 126(2)(b) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 72 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

127 RSHOs and interim RSHOs: appeals N.I.

(1) A defendant may appeal to [F431 a county court]—

(a) against the making of a risk of sexual harm order;

(b) against the making of an interim risk of sexual harm order; or

(c) against the making of an order under section 125, or the refusal to make such an order.

(2) On any such appeal, [F432 the county court] may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

[F433 (3) Any order made by a county court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 125(7) or 126(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).]

Textual Amendments

F431 Words in s. 127(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 73(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F432 Words in s. 127(2) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 73(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F433 S. 127(3) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 73(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

128 Offence: breach of RSHO or interim RSHO [F434 etc] N.I.

[F435 (1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

(a) a risk of sexual harm order,

(b) an interim risk of sexual harm order,

F436 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F437 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F438 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F439 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

commits an offence.]

[F440 (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.]

[F441 (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.]

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge.

Textual Amendments

F434 Word in s. 128 heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 74(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F435 S. 128(1) substituted for s. 128(1)(1A) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 74(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F436 S. 128(1)(c) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(3)(a), 208(1); S.I. 2022/1227, reg. 3(j)

F437 S. 128(1)(d) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(3)(a), 208(1); S.I. 2022/1227, reg. 3(j)

F438 S. 128(1)(e) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(6)(a), 208(1); S.I. 2023/387, reg. 3(c) (with reg. 4(1))

F439 S. 128(1)(f) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(6)(a), 208(1); S.I. 2023/387, reg. 3(c) (with reg. 4(1))

F440 S. 128(1A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(3)(b), 208(1); S.I. 2022/1227, reg. 3(j)

F441 S. 128(1B)(1C) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(6)(b), 208(1); S.I. 2023/387, reg. 3(c)

129 Effect of conviction etc. of an offence under section 128 [F442 etc] N.I.

(1) This section applies to a person (“the defendant”) who—

(a) is convicted of an offence [F443 mentioned in subsection (1A)];

(b) is found not guilty of such an offence by reason of insanity;

(c) is found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d) is cautioned in respect of such an offence.

[F444 (1A) Those offences are—

(a) an offence under section [F445 122H or] 128 of this Act;

F446 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F447 (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.]

(2) Where —

(a) a defendant was a relevant offender immediately before this section applied to him, and

(b) the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the relevant order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(3) Where the defendant was not a relevant offender immediately before this section applied to him—

(a) this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to him until the relevant order (as renewed from time to time) ceases to have effect, and

(b) this Part applies to the defendant, subject to the modification set out in subsection (4).

(4) The “relevant date” is the date on which this section first applies to the defendant.

[F448 (5) In this section “relevant order” means—

(a) where the conviction, finding [F449 , caution or acquittal] within subsection (1) [F450 or (1B)] is in respect of a breach of a risk of sexual harm order or a sexual risk order, that order;

(b) where the conviction, finding [F451 , caution or acquittal] within subsection (1) [F452 or (1B)] is in respect of a breach of an interim risk of sexual harm order or an interim sexual risk order, any risk of sexual harm order or sexual risk order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.]

[F453 (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.]

F454 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F442 Word in s. 129 heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 75(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F443 Words in s. 129(1)(a) substituted (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 56(3), 66(2)

F444 S. 129(1A) inserted (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 56(3), 66(2)

F445 Words in s. 129(1A)(a) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 75(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F446 S. 129(1A)(b) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(2)(a), 208(1); S.I. 2023/387, reg. 3(d) (with reg. 4(1))

F447 S. 129(1B)(1C) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(2)(b), 208(1); S.I. 2023/387, reg. 3(d)

F448 S. 129(5)(6) substituted for s. 129(5) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 75(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F449 Words in s. 129(5)(a) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(2)(c)(i), 208(1); S.I. 2023/387, reg. 3(d)

F450 Words in s. 129(5)(a) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(2)(c)(ii), 208(1); S.I. 2023/387, reg. 3(d)

F451 Words in s. 129(5)(b) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(2)(c)(iii), 208(1); S.I. 2023/387, reg. 3(d)

F452 Words in s. 129(5)(b) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(2)(c)(iv), 208(1); S.I. 2023/387, reg. 3(d)

F453 S. 129(5A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(2)(d), 208(1); S.I. 2023/387, reg. 3(d)

F454 S. 129(6) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 181(2)(e), 208(1); S.I. 2023/387, reg. 3(d) (with reg. 4(1))

Power to amend Schedules 3 and 5 U.K.

130 Power to amend Schedules 3 and 5 U.K.

(1) The Secretary of State may by order amend Schedule 3 or 5.

(2) Subject to subsection (3), an amendment within subsection (4) does not apply to convictions, findings and cautions before the amendment takes effect.

(3) For the purposes of sections 106 and 116, an amendment within subsection (4) applies to convictions, findings and cautions before as well as after the amendment takes effect.

(4) An amendment is within this subsection if it—

(a) adds an offence,

(b) removes a threshold relating to an offence, or

(c) changes a threshold in such a way as to cause an offence committed by or against a person of a particular age or in certain circumstances, or resulting in a particular disposal, to be within a Schedule when it would not otherwise be.

General U.K.

131 Young offenders: application U.K.

This Part applies to—

(a) a period of detention which a person is liable to serve under a detention and training order [F455 (including an order under section 211 of the Armed Forces Act 2006)], or a secure training order,

(b) a period for which a person is ordered to be detained in residential accommodation under section 44(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46),

(c) a period of training in a training school, or of custody in a remand centre, which a person is liable to undergo or serve by virtue of an order under section 74(1)(a) or (e) of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)),

(d) a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),

(e) a period for which a person is ordered to be kept in secure accommodation under Article 44A of the Order referred to in paragraph (d),

(f) a sentence of detention in a young offender institution, a young offenders institution or a young offenders centre,

(g) a sentence under a custodial order within the meaning of section 71AA of, or paragraph 10(1) of Schedule 5A to, the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43AA of, or paragraph 10(1) of Schedule 4A to, the Naval Discipline Act 1957 (c. 53),

(h) a sentence of detention under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), [F456 section 250 [F457 , 252A] or 259 of the Sentencing Code,] [F458 section 209 or 218 of the Armed Forces Act 2006,] section [F459 205ZC(5) or] 208 of the Criminal Procedure (Scotland) Act 1995 or Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998,

(i) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) [F460 or section 272 or 275 of the Sentencing Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006)],

(j) a sentence of detention, or custody for life, under section 71A of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43A of the Naval Discipline Act 1957 (c. 53),

[F461 (k) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 [F462 (including one passed as a result of section 221 of the Armed Forces Act 2006)],

(l) an extended sentence under section [F463 226B or] 228 of [F464 the Criminal Justice Act 2003 [F465 or section 254 of the Sentencing Code] (including one passed as a result of section [F466 221A or] 222 of the Armed Forces Act 2006)],]

[F467 (m) a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008,]

[F468 (n) a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008]

as it applies to an equivalent sentence of imprisonment; and references in this Part to prison or imprisonment are to be interpreted accordingly.

Textual Amendments

F455 Words in s. 131(a) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 208(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F456 Words in s. 131(h) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 210(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F457 Word in s. 131(h) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 20

F458 Words in s. 131(h) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 208(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F459 Words in s. 131(h) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 57

F460 Words in s. 131(i) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 210(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F461 S. 131(k)(l) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 143; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(39) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F462 Words in s. 131(k) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 208(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F463 Words in s. 131(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 19; S.I. 2012/2906, art. 2(s)

F464 Words in s. 131(l) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 208(5); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F465 Words in s. 131(l) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 210(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F466 Words in s. 131(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 20; S.I. 2012/2906, art. 2(t)

F467 S. 131(m) added (N.I.) (15.5.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), art. 1, Sch. 5 para. 10(2); S.R. 2008/217, art. 2, Sch. para. 18(e) (subject to art. 3)

F468 S. 131(n) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 70

132 Offences with thresholds U.K.

(1) This section applies to an offence which in Schedule 3 is listed subject to a condition relating to the way in which the defendant is dealt with in respect of the offence or (where a relevant finding has been made in respect of him) in respect of the finding (a “sentencing condition”).

(2) Where an offence is listed if either a sentencing condition or a condition of another description is met, this section applies only to the offence as listed subject to the sentencing condition.

(3) For the purposes of this Part (including in particular section 82(6))—

(a) a person is to be regarded as convicted of an offence to which this section applies, or

(b) (as the case may be) a relevant finding in relation to such an offence is to be regarded as made,

at the time when the sentencing condition is met.

(4) In the following subsections, references to a foreign offence are references to an act which—

(a) constituted an offence under the law in force in a country outside the United Kingdom (“the relevant foreign law”), and

(b) would have constituted an offence to which this section applies (but not an offence, listed in Schedule 3, to which this section does not apply) if it had been done in any part of the United Kingdom.

(5) In relation to a foreign offence, references to the corresponding UK offence are references to the offence (or any offence) to which subsection (4)(b) applies in the case of that foreign offence.

(6) For the purposes of this Part, a person is to be regarded as convicted under the relevant foreign law of a foreign offence at the time when he is, in respect of the offence, dealt with under that law in a way equivalent to that mentioned in Schedule 3 as it applies to the corresponding UK offence.

(7) Where in the case of any person a court exercising jurisdiction under the relevant foreign law makes in respect of a foreign offence a finding equivalent to a relevant finding, the court’s finding is, for the purposes of this Part, to be regarded as made at the time when the person is, in respect of the finding, dealt with under that law in a way equivalent to that mentioned in Schedule 3 as it applies to the corresponding UK offence.

(8) Where (by virtue of an order under section 130 or otherwise) an offence is listed in Schedule 5 subject to a sentencing condition, this section applies to that offence as if references to Schedule 3 were references to Schedule 5.

(9) In this section, “relevant finding”, in relation to an offence, means—

(a) a finding that a person is not guilty of the offence by reason of insanity, or

(b) a finding that a person is under a disability and did the act charged against him in respect of the offence.

[F469 132A Disapplication of time limit for complaints E+W+N.I.

Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.]

Textual Amendments

F469 S. 132A inserted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 22(2), 116(1) (with s. 22(4)); S.I. 2010/507, art. 5(i) (subject to art. 6)

133 Part 2: general interpretation U.K.

(1) In this Part—

• “admitted to a hospital” means admitted to a hospital under—

  (a)

  section 37 of the Mental Health Act 1983 (c. 20), section 57(2)(a) or [F470 57A(2)] of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 or 50A(2) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

  (b)

  Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25); or

  (c)

  [F471 section 46 of the Mental Health Act 1983, [F472 section 69 of the Mental Health (Scotland) Act 1984] or Article 52 of the Mental Health (Northern Ireland) Order 1986;]

• F473 [F474 “applicable date” has the meaning given by section 88D(5)]

• “cautioned” means—

  (a)

  cautioned [F475 (or, in Northern Ireland, cautioned by a police officer)] after the person concerned has admitted the offence, F476 ...

  (b)

  F476 ...

  and “caution” is to be interpreted accordingly;

• “community order” means—

  (a)

  a community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) [F477 (as that Act had effect before the passing of the Criminal Justice Act 2003)];

  (b)

  [F478 a community payback order made under the Criminal Procedure (Scotland) Act 1995 (c.46);]

  (c)

  a community order within the meaning of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)), a probation order under section 1 of the Probation Act (Northern Ireland) 1950 (c. 7 (N.I.)) or a community service order under Article 7 of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 40)); or

  (d)

  a community supervision order;

• “community supervision order” means an order under paragraph 4 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;

• “country” includes territory;

• F479 [F480 “date of discharge” has the meaning given by section 88B(1)]

• “detained in a hospital” means detained in a hospital under—

  (a)

  Part 3 of the Mental Health Act 1983, [F481 section 136 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13)], Part 6 of the Criminal Procedure (Scotland) Act 1995 or Part III of the Mental Health (Northern Ireland) Order 1986;

  (b)

  Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; or

  (c)

  [F482 section 46 of the Mental Health Act 1983, [F483 section 69 of the Mental Health (Scotland) Act 1984] or Article 52 of the Mental Health (Northern Ireland) Order 1986;]

• F484 [F485 “further date of discharge” has the meaning given by section 88B(3)]

• “guardianship order” means a guardianship order under section 37 of the Mental Health Act 1983 (c. 20), section 58 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

• “home address” has the meaning given by section 83(7);

• “interim notification order” has the meaning given by section 100(2);

• “interim risk of sexual harm order” has the meaning given by section 126(2);

• [F486 “interim sexual harm prevention order” has the meaning given by section 103F(2);]

• “interim sexual offences prevention order” has the meaning given by section 109(2);

• [F486 “interim sexual risk order” has the meaning given by section 122E(2);]

• [F487 “kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));]

• “local police area” has the meaning given by section 88(3);

• “local probation board” has the same meaning as in the Criminal Justice and Court Services Act 2000 (c. 43);

• F488 [F489 “notification continuation order” has the meaning given by section 88C(2)]

• “notification order” has the meaning given by section 97(1);

• “notification period” has the meaning given by section 80(1);

• [F490 “order for conditional discharge” means an order under any of the following provisions discharging the offender conditionally—

  (a)

  [F491 section 80 of the Sentencing Code;]

  (b)

  Article 4 of the Criminal Justice (Northern Ireland) Order 1996;

  (c)

  section 185 of the Armed Forces Act 2006;

  (d)

  paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;]

• “parental responsibility” has the same meaning as in the Children Act 1989 (c. 41) or the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)), and “parental responsibilities” has the same meaning as in Part 1 of the Children (Scotland) Act 1995 (c. 36);

• “the period of conditional discharge” has the meaning given by each of the following—

  (a)

  [F492 section 80(1) of the Sentencing Code;]

  (b)

  Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996;

  (c)

  [F493 section 185(2) of the Armed Forces Act 2006;]

• F494 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F494 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F486 “prohibition on foreign travel” has the meaning given by section 103D(2) or 122C(2);]

• “relevant date” has the meaning given by section 82(6) (save in the circumstances mentioned in sections F495 [F496 88B,] [F497 , 96ZC], F497 [F498 98], [F498 96A(6)] [F497 , 100], 107, 109 and 129);

• “relevant offender” has the meaning given by section 80(2);

• “restriction order” means—

  (a)

  an order under section 41 of the Mental Health Act 1983, section 57(2)(b) or 59 of the Criminal Procedure (Scotland) Act 1995 or Article 47(1) of the Mental Health (Northern Ireland) Order 1986;

  (b)

  a direction under paragraph 2(1)(b) of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) or Article 50A(3)(b) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)); or

  (c)

  [F499 a direction under section 46 of the Mental Health Act 1983, [F500 section 69 of the Mental Health (Scotland) Act 1984] or Article 52 of the Mental Health (Northern Ireland) Order 1986;]

• “risk of sexual harm order” has the meaning given by section 123(1);

• [F501 “service detention” has the meaning given by section 374 of the Armed Forces Act 2006;]

• [F486 “sexual harm prevention order” has the meaning given by section 103A(1);]

• “sexual offences prevention order” has the meaning given by section 106(1);

• [F486 “sexual risk order” has the meaning given by section 122A(1);]

• [F502 “specified”, in relation to an offender supervision requirement, means specified in the requirement.]

• “supervision” means supervision in pursuance of an order made for the purpose or, in the case of a person released from prison on licence, in pursuance of a condition contained in his licence;

• F503 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F504 (1A) A reference to a provision specified in paragraph (a) of the definition of “admitted to a hospital”, “detained in a hospital” or “restriction order” includes a reference to the provision as it applies by virtue of—

(a) section 5 of the Criminal Procedure (Insanity) Act 1964,

(b) section 6 or 14 of the Criminal Appeal Act 1968,

[F505 (ba) Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968),]

(c) section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or

(d) section 16 or 23 of the Courts-Martial (Appeals) Act 1968.]

(2) Where under section 141 different days are appointed for the commencement of different provisions of this Part, a reference in any such provision to the commencement of this Part is to be read (subject to section 98(4)) as a reference to the commencement of that provision.

[F506 (3) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).]

Textual Amendments

F470 S. 133(1): words in definition of "admitted to a hospital" substituted (S.) (27.9.2005) and otherwise (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 33(2)(a) and The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 7(a)

F471 In s. 133(1) in definition of "admitted to a hospital" para. (c) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 57(2)(a); S.I. 2005/579, art. 3(f)(g)

F472 S. 133(1): words in definition of "admitted to a hospital" repealed (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 3, Sch. 2

F473 S. 133(1): definition of "applicable date" inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(2)(a) (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

F474 S. 133(1): definition of "applicable date" inserted (S.) (25.10.2010) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 4(1)(a) (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F475 S. 133(1): words in definition of "cautioned" substituted for "by a police officer" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 56(2)(a); S.I. 2008/1586, art. 2, Sch. 1 para. 48(r) (subject to Sch. 2)

F476 S. 133(1): words in definition of “cautioned” omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 25 (with s. 135(4)); S.I. 2013/453, art. 4(f)

F477 S. 133(1): words in definition of "community order" inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 144; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(39) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F478 Words in definition of "community order" in s. 133(1) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(6)(a) (with art. 3)

F479 S. 133(1): definition of "date of discharge" inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(2)(a) (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

F480 S. 133(1): definition of "date of discharge" inserted (S.) (at 17.00 hours on 25.10.2010) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 4(1)(a) (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F481 S. 133(1): words in definition of "detained in a hospital" substituted (S.) (27.9.2005) and otherwise (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 33(2)(b) and The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 7(b)

F482 In s. 133(1) in definition of "detained in a hospital" para. (c) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 57(2)(b); S.I. 2005/579, art. 3(f)(g)

F483 S. 133(1): words in definition of "detained in a hospital" repealed (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 3, Sch. 2

F484 S. 133(1): definition of "further date of discharge" inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(2)(a) (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

F485 S. 133(1): definition of "further date of discharge" inserted (S.) (at 17.00 hours on 25.10.2010) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 4(1)(a) (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F486 Definitions in s. 133(1) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 76(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F487 S. 133(1): definition of "kept in service custody" inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 56(2)(b); S.I. 2009/2606, art. 3(i)

F488 S. 133(1): definition of "notification continuation order" inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(2)(a) (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

F489 S. 133(1): definition of "notification continuation order" inserted (S.) (at 17.00 hours on 25.10.2010) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 4(1)(a) (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F490 S. 133(1): definition of "order for conditional charge" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 209(2)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F491 Words in s. 133(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 211(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F492 Words in s. 133(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 211(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F493 S. 133(1): words in definition of "the period of conditional discharge" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 209(2)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F494 S. 133(1): definitions of "probation order" and "probation period" repealed (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(6)(b) (with art. 3)

F495 S. 133(1): words in definition of "relevant date" inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(2)(b) (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

F496 S. 133(1): words in definition of "relevant date" inserted (S.) (at 17.00 hours on 25.10.2010) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 4(1)(b) (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F497 Word in s. 133(1) substituted (E.W.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(6), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F498 S. 133(1): word in definition of “relevant date” substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(5), 15(2)(c); S.R. 2014/179, art. 2(b)

F499 In s. 133(1) in definition of "restriction order" para. (c) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 57(2)(c); S.I. 2005/579, art. 3(f)(g)

F500 S. 133(1): words in definition of "restriction order" repealed (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 3, Sch. 2

F501 S. 133(1): definition of "service detention" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 209(2)(c); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F502 S. 133(1): definition of "specified" inserted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(6)(c) (with art. 3)

F503 S. 133(1): definition of "term of service detention" repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 209(2)(d), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F504 S. 133(1A) inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 57(3); S.I. 2005/579, art. 3(f)(g)

F505 S. 133(1A)(ba) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 209(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F506 S. 133(3) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 56(3); S.I. 2009/2606, art. 3(i)

Modifications etc. (not altering text)

C11 S. 133(1) modified (24.4.2009 for certain purposes and otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 52(1)

134 Conditional discharges and probation orders U.K.

(1) The following provisions do not apply for the purposes of this Part to a conviction for an offence in respect of which an order for conditional discharge F507 . . . is made—

(a) [F508 section 82(2) of the Sentencing Code] (conviction with absolute or conditional discharge deemed not to be a conviction);

(b) Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge deemed not to be a conviction);

(c) section 247(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (conviction with F509 . . . absolute discharge deemed not to be a conviction);

[F510 (ca) section 187(1) of the Armed Forces Act 2006 (conviction with absolute or conditional discharge deemed not to be a conviction);]

(d) paragraph 5(1) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Schedule 4A to the Naval Discipline Act 1957 (c. 53) (conviction with absolute or conditional discharge or community supervision order deemed not to be a conviction).

(2) Subsection (1) applies only to convictions after the commencement of this Part.

(3) The provisions listed in subsection (1)(d) do not apply for the purposes of this Part to a conviction for an offence in respect of which a community supervision order is or has (before or after the commencement of this Part) been made.

Textual Amendments

F507 Words in s. 134(1) repealed (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(7)(a) (with art. 3)

F508 Words in s. 134(1)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 212 (with Sch. 27); S.I. 2020/1236, reg. 2

F509 Words in s. 134(1)(c) repealed (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(7)(b) (with art. 3)

F510 S. 134(1)(ca) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 210; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

135 Interpretation: mentally disordered offenders U.K.

(1) In this Part, a reference to a conviction includes a reference to a finding of a court in summary proceedings, where the court makes an order under an enactment within subsection (2), that the accused did the act charged; and similar references are to be interpreted accordingly.

(2) The enactments are—

(a) section 37(3) of the Mental Health Act 1983 (c. 20);

(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(c) Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

[F511 (2A) In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995.]

(3) In this Part, a reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of an offence includes a reference to his being or having been found—

(a) unfit to be tried for the offence;

(b) to be insane so that his trial for the offence cannot or could not proceed; or

(c) unfit to be tried and to have done the act charged against him in respect of the offence.

(4) In section 133—

(a) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively—

(i) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and

(ii) a reference to a restriction order treated as made by paragraph 2(1) of that Schedule;

(b) a reference to admission or detention under any provision of Part 6 of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively—

(i) a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and

(ii) a reference to a restriction order made under section 178(1) or 379(1) of that Act;

(c) F512 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F511 S. 135(2A) inserted (S.) (25.6.2012 with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 73; S.S.I. 2012/160, art. 3, sch.

F512 S. 135(4)(c) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58, 60, Sch. 10 para. 58, Sch. 11; S.I. 2005/579, art. 3(f)-(h)(i)(xi)

Modifications etc. (not altering text)

C12 S. 135(1) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))

C13 S. 135(2)(a) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))

C14 S. 135(3) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))

C15 S. 135(3) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))

136 Part 2: Northern Ireland U.K.

(1) This Part applies to Northern Ireland with the following modifications.

(2) References to a chief officer of police are to be read as references to the Chief Constable of the Police Service of Northern Ireland.

(3) References to police areas are to be read as references to Northern Ireland.

(4) References to a complaint are to be read as references to a complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction.

[F513 (4A) In section 132A the reference to section 127 of the Magistrates' Courts Act 1980 is to be read as a reference to Article 78 of the Magistrates' Courts (Northern Ireland) Order 1981.]

(5) [F514 Subject to subsection (6)], references to a magistrates' court [F515 or to a magistrates court for a particular area ] are to be read as references to a court of summary jurisdiction.

[F516 (6) References to a magistrates' court for the area in which the defendant resides are to be read as references to a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides.]

[F516 (7) References to a youth court for the area in which the defendant resides are to be read as references to a youth court for the petty sessions district which includes the area where the defendant resides.]

[F517 (7A) References to a justice of the peace are to be read as references to a lay magistrate.]

[F518 (8) The reference in section 101 to the Crown Court is to be read as a reference to a county court.]

(9) Any direction of the county court made under section 89(1) on an appeal under Article 143 of the Magistrates' Courts (Northern Ireland) Order 1981 (appeals in other cases) (other than one directing that an application be re-heard by a court of summary jurisdiction) is, for the purposes of section 90, to be treated as if it were made by the court from which the appeal was brought and not by the county court.

(10) Any order of the county court made on an appeal under Article 143 of the Magistrates' Courts (Northern Ireland) Order 1981 (other than one directing that an application be re-heard by a court of summary jurisdiction) is, for the purposes of section 108, to be treated as if it were an order of the court from which the appeal was brought and not an order of the county court.

[F519 (11) References to the Secretary of State, except in sections 94 and 95, are to be read as references to the Department of Justice in Northern Ireland.]

Textual Amendments

F513 S. 136(4A) inserted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 22(3), 116(1); S.I. 2010/507, art. 5(i) (subject to art. 6)

F514 Words in s. 136(5) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 123(3)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F515 Words in s. 136(5) inserted (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 123(3)(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F516 S. 136(6)(7) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 123(3)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F517 S. 136(7A) inserted (E.W.N.I.) (31.5.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 58(2), 66(2); S.I. 2007/858, art. 3(f)

F518 S. 136(8) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 77 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F519 S. 136(11) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 77(2) (with arts. 28-31)

[F520 136ZA Application of orders throughout the United Kingdom U.K.

(1) In this section “relevant order” means—

(a) a sexual harm prevention order [F521 or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)];

(b) an interim sexual harm prevention order;

(c) a sexual offences prevention order;

(d) an interim sexual offences prevention order;

(e) a foreign travel order;

(f) a sexual risk order;

(g) an interim sexual risk order;

(h) a risk of sexual harm order;

(i) an interim risk of sexual harm order;

[F522 (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.]

F523 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F524 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of sections 103I, 113, 122, 122H and 128, prohibitions [F525 or requirements] imposed by a relevant order made in one part of the United Kingdom apply (unless expressly confined to particular localities) throughout that and every other part of the United Kingdom.

Textual Amendments

F520 Ss. 136ZA-136ZD inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 6 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F521 Words in s. 136ZA(1)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 213 (with Sch. 27); S.I. 2020/1236, reg. 2

F522 S. 136ZA(1)(ia)-(id) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(7)(a), 208(1); S.I. 2023/387, reg. 3(c)

F523 S. 136ZA(1)(j) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(7)(b), 208(1); S.I. 2023/387, reg. 3(c) (with reg. 4(1))

F524 S. 136ZA(1)(k) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(7)(b), 208(1); S.I. 2023/387, reg. 3(c) (with reg. 4(1))

F525 Words in s. 136ZA(2) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(4), 208(1); S.I. 2022/1227, reg. 3(j)

136ZB Order ceases to have effect when new order made U.K.

(1) Where a court in England and Wales makes an order listed in the first column of the following Table in relation to a person who is already subject to an order listed opposite it in the second column, the earlier order ceases to have effect (whichever part of the United Kingdom it was made in) unless the court orders otherwise.

New order	Earlier order
Sexual harm prevention order	— sexual offences prevention order; — foreign travel order. [F526 sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).]
Sexual risk order	— risk of sexual harm order; — foreign travel order. [F527 sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]

(2) Where a court in Northern Ireland F528 ... 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 [F529 or Scotland]) unless the court orders otherwise.

New order	Earlier order or prohibition
Sexual offences prevention order	— sexual harm prevention order not containing a prohibition on foreign travel; — in the case of a sexual harm prevention order containing a prohibition on foreign travel, each of its other prohibitions. [F530 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.]
Foreign travel order	— prohibition on foreign travel contained in a sexual harm prevention order. [F531 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.]
Risk of sexual harm order	— sexual risk order not containing a prohibition on foreign travel; — in the case of a sexual risk order containing a prohibition on foreign travel, each of its other prohibitions. [F532 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.]

[F533 (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.]

[F534 (2A) References in subsection (2) [F535 or subsection (2ZA)] to a sexual harm prevention order include references to an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction).]

(3) In this section—

(a) “court”, in Scotland, includes sheriff;

F536 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F520 Ss. 136ZA-136ZD inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 6 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F526 Words in s. 136ZB(1) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(3)(a), 208(1); S.I. 2023/387, reg. 3(e)

F527 Words in s. 136ZB(1) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(3)(b), 208(1); S.I. 2023/387, reg. 3(e)

F528 Words in s. 136ZB(2) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(a)(i), 208(1); S.I. 2023/387, reg. 3(e) (with reg. 4(2))

F529 Words in s. 136ZB(2) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(a)(ii), 208(1); S.I. 2023/387, reg. 3(e)

F530 Words in s. 136ZB(2) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(b)(i), 208(1); S.I. 2023/387, reg. 3(e)

F531 Words in s. 136ZB(2) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(b)(ii), 208(1); S.I. 2023/387, reg. 3(e)

F532 Words in s. 136ZB(2) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(b)(iii), 208(1); S.I. 2023/387, reg. 3(e)

F533 S. 136ZB(2ZA) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(5), 208(1); S.I. 2023/387, reg. 3(e)

F534 S. 136ZB(2A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 214 (with Sch. 27); S.I. 2020/1236, reg. 2

F535 Words in s. 136ZB(2A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(6), 208(1); S.I. 2023/387, reg. 3(e)

F536 S. 136ZB(3)(b) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(7), 208(1); S.I. 2023/387, reg. 3(e) (with reg. 4(1))

136ZC Variation [F537 , renewal or discharge] of sexual harm prevention order by court in Northern Ireland U.K.

(1) This section applies where a sexual harm prevention order has been made in respect of a person who now—

(a) is residing in Northern Ireland, or

(b) is in or is intending to come to Northern Ireland.

(2) An application may be made to the appropriate court in Northern Ireland—

(a) by the defendant, or

(b) by the Chief Constable,

for an order varying [F538 , renewing or discharging] the sexual harm prevention order.

(3) An application under subsection (2) may be made—

(a) where the appropriate court is the Crown Court, in accordance with rules of court;

(b) in any other case, by complaint.

(4) Subject to [F539 subsections (4A) to (6B)], on the application the court, after hearing the person making the application and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order varying [F540 , renewing or discharging] the sexual harm prevention order that the court considers appropriate.

[F541 (4A) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in Northern Ireland, and

(b) whether—

(i) in the case of a sexual harm prevention order made by a court in England and Wales, the defendant is likely to return to, or to visit, England and Wales, or

(ii) in the case of a sexual harm prevention order made by a court in Scotland, the defendant is likely to return to, or to visit, Scotland.]

(5) An order may be [F542 renewed, or] varied so as to impose additional prohibitions [F543 or requirements] on the defendant [F544 , only] if it is necessary to do so for the purpose of—

(a) protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(6) An order as [F545 renewed or] varied under this section may contain only such prohibitions [F546 and requirements] as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

[F547 (6A) The court must not discharge a sexual harm prevention order made by a court in England and Wales before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable.

(6B) The court must not discharge a sexual harm prevention order made by a court in Scotland, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of—

(a) protecting the public, or any particular members of the public, from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.]

(7) The defendant may appeal against the making of an order under this section, or the refusal to make such an order—

(a) where the application for such an order was made to the Crown Court, to the Court of Appeal in Northern Ireland;

(b) in any other case, to a county court in Northern Ireland.

(8) On an appeal under subsection (7)(b), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(9) In this section—

• “the appropriate court” means—

  (a)

  [F548 where the sexual harm prevention order was made—

  (i)

  in England and Wales, by the Crown Court, otherwise than on appeal from a magistrates’ court, or by the Court of Appeal, or

  (ii)

  in Scotland, by the High Court of Justiciary otherwise than on appeal,

  the Crown Court (in Northern Ireland);

  (b)

  where the defendant is aged 18 or over and the sexual harm prevention order was made—

  (i)

  in England and Wales, by a magistrates’ court or by the Crown Court on appeal from a magistrates’ court, or

  (ii)

  in Scotland, by the High Court of Justiciary on appeal, by the Court of Session, by the Sheriff Appeal Court or by a sheriff,

  any court of summary jurisdiction in Northern Ireland;]

  (c)

  where—

  (i)

  the defendant is aged under 18, and

  (ii)

  paragraph (a) does not apply,

  any youth court in Northern Ireland;

• “the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

• [F549 “the defendant”, in relation to a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), means the person against whom the order has effect;]

• “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).

• [F549 “sexual harm prevention order” includes a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]

Textual Amendments

F520 Ss. 136ZA-136ZD inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 6 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F537 Words in s. 136ZC heading inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(2); S.I. 2023/387, reg. 3(g)(i)

F538 Words in s. 136ZC(2) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(3); S.I. 2023/387, reg. 3(g)(i)

F539 Words in s. 136ZC(4) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(4)(a); S.I. 2023/387, reg. 3(g)(i)

F540 Words in s. 136ZC(4) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(4)(b); S.I. 2023/387, reg. 3(g)(i)

F541 S. 136ZC(4A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(5); S.I. 2023/387, reg. 3(g)(i)

F542 Words in s. 136ZC(5) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(6)(a); S.I. 2023/387, reg. 3(g)(i)

F543 Words in s. 136ZC(5) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(5)(a), 208(1); S.I. 2022/1227, reg. 3(j)

F544 Word in s. 136ZC(5) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(6)(b); S.I. 2023/387, reg. 3(g)(i)

F545 Words in s. 136ZC(6) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(7); S.I. 2023/387, reg. 3(g)(i)

F546 Words in s. 136ZC(6) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(5)(b), 208(1); S.I. 2022/1227, reg. 3(j)

F547 S. 136ZC(6A)(6B) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(8); S.I. 2023/387, reg. 3(g)(i)

F548 Words in s. 136ZC(9) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(9)(a); S.I. 2023/387, reg. 3(g)(i)

F549 Words in s. 136ZC(9) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 1(9)(b); S.I. 2023/387, reg. 3(g)(i)

136ZD Variation [F550 , renewal or discharge] of sexual risk order by court in Northern Ireland U.K.

(1) This section applies where a sexual risk order has been made in respect of a person who now—

(a) is residing in Northern Ireland, or

(b) is in or is intending to come to Northern Ireland.

(2) An application may be made to the appropriate court in Northern Ireland—

(a) by the defendant, or

(b) by the Chief Constable,

for an order varying [F551 , renewing or discharging] the sexual risk order.

(3) Subject to [F552 subsections (3A) to (5B)], on the application the court, after hearing the person making the application and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order varying [F553 , renewing or discharging] the sexual risk order that the court considers appropriate.

[F554 (3A) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in Northern Ireland, and

(b) whether—

(i) in the case of a sexual risk order made by a court in England and Wales, the defendant is likely to return to, or to visit, England and Wales, or

(ii) in the case of a sexual risk order made by a court in Scotland, the defendant is likely to return to, or to visit, Scotland.]

(4) An order may be [F555 renewed, or] varied so as to impose additional prohibitions [F556 or requirements] on the defendant [F557 , only] if it is necessary to do so for the purpose of—

(a) protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

(5) An order as [F558 renewed or] varied under this section may contain only such prohibitions [F559 and requirements] as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

[F560 (5A) The court must not discharge a sexual risk order made by a court in England and Wales before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable.

(5B) The court must not discharge a sexual risk order made by a court in Scotland, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of—

(a) protecting the public, or any particular members of the public, from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.]

(6) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, to a county court in Northern Ireland.

(7) On an appeal under subsection (6), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(8) In this section—

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, any court of summary jurisdiction in Northern Ireland;

  (b)

  where the defendant is aged under 18, any youth court in Northern Ireland;

• “the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

• [F561 “the defendant”, in relation to a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), means the person against whom the order has effect;]

• “harm”, “child” and “vulnerable adult” each has the meaning given in section 122B(1);

• [F561 “sexual risk order” includes a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]]

Textual Amendments

F520 Ss. 136ZA-136ZD inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 6 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F550 Words in s. 136ZD heading inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(2); S.I. 2023/387, reg. 3(g)(i)

F551 Words in s. 136ZD(2) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(3); S.I. 2023/387, reg. 3(g)(i)

F552 Words in s. 136ZD(3) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(4)(a); S.I. 2023/387, reg. 3(g)(i)

F553 Words in s. 136ZD(3) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(4)(b); S.I. 2023/387, reg. 3(g)(i)

F554 S. 136ZD(3A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(5); S.I. 2023/387, reg. 3(g)(i)

F555 Words in s. 136ZD(4) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(6)(a); S.I. 2023/387, reg. 3(g)(i)

F556 Words in s. 136ZD(4) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(6)(a), 208(1); S.I. 2022/1227, reg. 3(j)

F557 Word in s. 136ZD(4) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(6)(b); S.I. 2023/387, reg. 3(g)(i)

F558 Words in s. 136ZD(5) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(7); S.I. 2023/387, reg. 3(g)(i)

F559 Words in s. 136ZD(5) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(6)(b), 208(1); S.I. 2022/1227, reg. 3(j)

F560 S. 136ZD(5A)(5B) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(8); S.I. 2023/387, reg. 3(g)(i)

F561 Words in s. 136ZD(8) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 2(9); S.I. 2023/387, reg. 3(g)(i)

[F562 136ZE Variation, renewal or discharge of sexual harm prevention order etc by court in Scotland U.K.

(1) This section applies where a relevant order has been made in respect of a person who now—

(a) is residing in Scotland, or

(b) is in or is intending to come to Scotland.

(2) In this section “relevant order” means—

(a) a sexual harm prevention order,

(b) a sexual offences prevention order, or

(c) a foreign travel order.

(3) An application may be made to the appropriate sheriff in Scotland—

(a) by the defendant, or

(b) by the chief constable,

for an order varying, renewing or discharging the relevant order.

(4) Subject to subsections (5) to (12), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate.

(5) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in Scotland, and

(b) whether—

(i) in the case of a sexual harm prevention order, the defendant is likely to return to, or to visit, England and Wales, or

(ii) in the case of a sexual offences prevention order or foreign travel order, the defendant is likely to return to, or to visit, Northern Ireland.

(6) A sexual harm prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—

(a) protecting the public in Scotland, or any particular members of the public in Scotland, from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(7) A sexual harm prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(8) A sexual offences prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public in Scotland, or any particular members of the public in Scotland, from serious sexual harm from the defendant.

(9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.

(10) A foreign travel order may be renewed, or varied under this section so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.

(11) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (10).

(12) The court must not discharge a sexual harm prevention order or a sexual offences prevention order before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the chief constable.

(13) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18).

(14) In this section—

• “the appropriate sheriff” means—

  (a)

  in any case, a sheriff in whose sheriffdom the defendant resides, or

  (b)

  in a case where the application is made by the chief constable—

  (i)

  a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, or

  (ii)

  a sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come;

• “the chief constable” means the chief constable of the Police Service of Scotland;

• “child” means a person under 18;

• “serious sexual harm”, in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3;

• “serious sexual harm”, in relation to the renewal or variation of a foreign travel order, means serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;

• “sexual harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual harm prevention order, have the meanings given by section 103B(1).]

Textual Amendments

F562 Ss. 136ZE, 136ZF inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 4; S.I. 2023/387, reg. 3(g)(ii)

[F562 136ZF Variation, renewal or discharge of sexual risk order etc by court in Scotland U.K.

(1) This section applies where a relevant order has been made in respect of a person who now—

(a) is residing in Scotland, or

(b) is in or is intending to come to Scotland.

(2) In this section “relevant order” means—

(a) a sexual risk order, or

(b) a risk of sexual harm order.

(3) An application may be made to the appropriate sheriff in Scotland—

(a) by the defendant, or

(b) by the chief constable,

for an order varying, renewing or discharging the relevant order.

(4) Subject to subsections (5) to (10), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate.

(5) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in Scotland, and

(b) whether—

(i) in the case of a sexual risk order, the defendant is likely to return to, or to visit, England and Wales, or

(ii) in the case of a risk of sexual harm order, the defendant is likely to return to, or to visit, Northern Ireland.

(6) A sexual risk order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—

(a) protecting the public in Scotland, or any particular members of the public in Scotland, from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

(7) A sexual risk order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

(8) A risk of sexual harm order may be renewed, or varied under this section so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from physical or psychological harm from the defendant doing acts within section 123(3).

(9) A risk of sexual harm order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (8).

(10) The court must not discharge a relevant order before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and the chief constable.

(11) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18).

(12) In this section—

• “the appropriate sheriff” means—

  (a)

  in any case, a sheriff in whose sheriffdom the defendant resides, or

  (b)

  in a case where the application is made by the chief constable—

  (i)

  a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, or

  (ii)

  a sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come;

• “the chief constable” means the chief constable of the Police Service of Scotland;

• “child”—

  (a)

  in relation to the renewal or variation of a sexual risk order, means a person under 18;

  (b)

  in relation to the renewal or variation of a risk of sexual harm order, means a person under 16;

• “harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual risk order, have the meanings given by section 122B(1).]

Textual Amendments

F562 Ss. 136ZE, 136ZF inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 4; S.I. 2023/387, reg. 3(g)(ii)

[F563 136ZG Variation, renewal or discharge of sexual harm prevention order made in Scotland by court in England and Wales U.K.

(1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now—

(a) is residing in England and Wales, or

(b) is in or is intending to come to England and Wales.

(2) In this section “relevant Scottish order” means a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).

(3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order.

(4) Those persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant resides;

(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area.

(5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering—

(a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and

(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.

(6) Subject to subsections (7) to (14), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate.

(7) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in England and Wales, and

(b) whether the defendant is likely to return to, or to visit, Scotland.

(8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—

(a) protecting the public in England and Wales, or any particular members of the public in England and Wales, from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—

(a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and

(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.

(11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order.

(12) Section 103FA (electronic monitoring requirements) applies in relation to—

(a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or

(b) the renewal of an order to continue such a requirement,

as it applies in relation to the making of a sexual harm prevention order, subject to subsection (13).

(13) In its application to the variation or renewal of a relevant Scottish order, section 103FA has effect as if—

(a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision,

(b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and

(c) the reference in subsection (9) to section 103E were to this section.

(14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of—

(a) protecting the public, or any particular members of the public, from sexual harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(15) In this section—

• “adult magistrates’ court” means a magistrates’ court that is not a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area;

• “child” means a person under 18;

• “prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 17 and 25 of that Act);

• “sexual harm” and “vulnerable adult” have the same meanings as in Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 10 and 25 of that Act).]

Textual Amendments

F563 Ss. 136ZG-136ZJ inserted (31.3.2023 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 6; S.I. 2023/387, reg. 3(g)(iii)

[F563 136ZH Variation, renewal or discharge of sexual offences prevention order or foreign travel order by court in England and Wales U.K.

(1) This section applies where a relevant order has been made in respect of a person who now—

(a) is residing in England and Wales, or

(b) is in or is intending to come to England and Wales.

(2) In this section “relevant order” means—

(a) a sexual offences prevention order, or

(b) a foreign travel order.

(3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order.

(4) Those persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant resides;

(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area.

(5) If—

(a) this section applies in relation to a person because that person is subject to a foreign travel order, and

(b) a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn,

a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering whether to apply for an order varying or renewing the foreign travel order.

(6) Subject to subsections (7) to (16), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant order that the court considers appropriate.

(7) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in England and Wales, and

(b) whether the defendant is likely to return to, or to visit, Northern Ireland.

(8) A sexual offences prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public in England and Wales, or any particular members of the public in England and Wales, from serious sexual harm from the defendant.

(9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.

(10) A sexual offences prevention order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order.

(11) Section 103FA (electronic monitoring requirements) applies in relation to—

(a) the variation under this section of a sexual offences prevention order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or

(b) the renewal of an order to continue such a requirement,

as it applies in relation to the making of a sexual harm prevention order, subject to subsection (12).

(12) In its application to the variation or renewal of a sexual offences prevention order, section 103FA has effect as if—

(a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision,

(b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and

(c) the reference in subsection (9) to section 103E were to this section.

(13) The court must not discharge a sexual offences prevention order before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and—

(a) where the application under this section is made by a chief officer of police, that chief officer, or

(b) in any other case, the chief officer of police for the area in which the defendant resides.

(14) A foreign travel order may be renewed, or varied under this section so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.

(15) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (14).

(16) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering whether to renew or vary a foreign travel order under this section.

(17) In this section—

• “adult magistrates’ court” means a magistrates’ court that is not a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area;

• “child” means a person under 18;

• “serious sexual harm”—

  (a)

  in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3;

  (b)

  in relation to the renewal or variation of a foreign travel order, means serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom.]

Textual Amendments

F563 Ss. 136ZG-136ZJ inserted (31.3.2023 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 6; S.I. 2023/387, reg. 3(g)(iii)

[F563 136ZI Variation, renewal or discharge of sexual risk order made in Scotland by court in England and Wales U.K.

(1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now—

(a) is residing in England and Wales, or

(b) is in or is intending to come to England and Wales.

(2) In this section “relevant Scottish order” means a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).

(3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant Scottish order.

(4) Those persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant resides;

(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer‘s police area.

(5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering—

(a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and

(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.

(6) Subject to subsections (7) to (14), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate.

(7) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in England and Wales, and

(b) whether the defendant is likely to return to, or to visit, Scotland.

(8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—

(a) protecting the public in England and Wales, or any particular members of the public in England and Wales, from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

(9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

(10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—

(a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and

(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.

(11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order.

(12) Section 122EA (electronic monitoring requirements) applies in relation to—

(a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or

(b) the renewal of an order to continue such a requirement,

as it applies in relation to the making of a sexual risk order, subject to subsection (13).

(13) In its application to the variation or renewal of a relevant Scottish order, section 122EA has effect as if—

(a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision,

(b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and

(c) the reference in subsection (9) to section 122D were to this section.

(14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of—

(a) protecting the public, or any particular members of the public, from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

(15) In this section—

• “adult magistrates’ court” means a magistrates’ court that is not a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area;

• “child” means a person under 18;

• “harm” and “vulnerable adult” have the same meanings as in Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 26 and 36 of that Act);

• “prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 29 and 36 of that Act).]

Textual Amendments

F563 Ss. 136ZG-136ZJ inserted (31.3.2023 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 6; S.I. 2023/387, reg. 3(g)(iii)

[F563 136ZJ Variation, renewal or discharge of risk of sexual harm order by court in England and Wales U.K.

(1) This section applies where a risk of sexual harm order has been made in respect of a person who now—

(a) is residing in England and Wales, or

(b) is in or is intending to come to England and Wales.

(2) A person within subsection (3) may by complaint to the appropriate court apply for an order varying, renewing or discharging the order.

(3) Those persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant resides;

(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area.

(4) Subject to subsections (5) to (10), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (3), may make any order varying, renewing or discharging the risk of sexual harm order that the court considers appropriate.

(5) A risk of sexual harm order may be renewed, or varied under this section so as to impose—

(a) additional prohibitions on the defendant, or

(b) requirements of the kind mentioned in subsection (7) on the defendant,

only if it is necessary to do so for the purpose of protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).

(6) A risk of sexual harm order as renewed or varied under this section may contain only—

(a) such prohibitions as are necessary for the purpose mentioned in subsection (5), and

(b) such requirements of the kind mentioned in subsection (7) as are necessary for that purpose.

(7) A risk of sexual harm order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order.

(8) Section 122EA (electronic monitoring requirements) applies in relation to—

(a) the variation under this section of a risk of sexual harm order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order, or

(b) the renewal of an order to continue such a requirement,

as it applies in relation to the making of a sexual harm prevention order, subject to subsection (9).

(9) In its application to the variation or renewal of a risk of sexual harm order, section 122EA has effect as if—

(a) subsection (4)(b)(i) were omitted,

(b) the reference in subsection (4)(b) to a case where it is proposed to include in the order a provision mentioned in sub-paragraph (ii) included a case where the order already includes such a provision,

(c) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and

(d) the reference in subsection (9) to section 122D were to this section.

(10) The court must not discharge a risk of sexual harm order before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and—

(a) where the application under this section is made by a chief officer of police, that chief officer, or

(b) in any other case, the chief officer of police for the area in which the defendant resides.

(11) In this section—

• “adult magistrates’ court” means a magistrates’ court that is not a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area;

• “child” means a person under 16.]

Textual Amendments

F563 Ss. 136ZG-136ZJ inserted (31.3.2023 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 6; S.I. 2023/387, reg. 3(g)(iii)

[F564 Part 2A E+W+N.I. Closure orders

Textual Amendments

F564 Pt. 2A inserted (E.W.N.I.) (1.4.2010 for E.W. and otherwise prosp.) by Policing and Crime Act 2009 (c. 26), ss. 21(1), 116(1), Sch. 2 para. 1 (with s. 21(2)); S.I. 2010/507, art. 5(t) (subject to art. 6)

Basic definitions E+W+N.I.

136A Meaning of specified prostitution offence etc. E+W+N.I.

(1) This section applies for the purposes of this Part.

(2) The specified prostitution offences are—

(a) an offence under F565 ... Article 37 of the Sexual Offences (Northern Ireland) Order 2008 (“the Northern Ireland Order”);

[F566 (aa) an offence under section 48 of this Act committed by causing or inciting a child to be sexually exploited within the meaning given by section 51(2)(a);]

(b) an offence under [F567 Article 38 of the Northern Ireland Order] committed by causing or inciting a child to become a prostitute;

[F568 (ba) an offence under section 49 of this Act committed by controlling the activities of a child in relation to sexual exploitation within the meaning given by section 51(2)(a);]

(c) an offence under [F569 Article 39 of the Northern Ireland Order] committed by controlling the activities of a child relating to the child's prostitution;

[F570 (ca) an offence under section 50 of this Act committed by arranging or facilitating the sexual exploitation, within the meaning given by section 51(2)(a), of a child;]

(d) an offence under [F571 Article 40 of the Northern Ireland Order] committed by arranging or facilitating a child's prostitution;

(e) an offence under section 52 of this Act or Article 62 of the Northern Ireland Order;

(f) an offence under section 53 of this Act or Article 63 of the Northern Ireland Order.

(3) The specified pornography offences are—

[F572 (za) an offence under section 48 of this Act committed by causing or inciting a child to be sexually exploited within the meaning given by section 51(2)(b);]

(a) an offence under [F573 Article 38 of the Northern Ireland Order] committed by causing or inciting a child to be involved in pornography;

[F574 (aa) an offence under section 49 of this Act committed by controlling the activities of a child in relation to sexual exploitation within the meaning given by section 51(2)(b);]

(b) an offence under [F575 Article 39 of the Northern Ireland Order] committed by controlling the activities of a child relating to the child's involvement in pornography;

[F576 (ba) an offence under section 50 of this Act committed by arranging or facilitating the sexual exploitation, within the meaning given by section 51(2)(b), of a child;]

(c) an offence under [F577 Article 40 of the Northern Ireland Order] committed by arranging or facilitating a child's involvement in pornography.

[F578 (3A) The specified child sex offences are—

(a) an offence under any of the following sections of this Act—

• sections 5 to 13;

• sections 16 to 19;

• sections 25 and 26;

• sections 47 to 50;

(b) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);

(c) an offence under any of the following sections of this Act committed against a person under 18—

• sections 1 to 4;

• sections 30 to 41;

• section 59A;

• section 61;

• sections 66 and 67.

[F579 (d) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed against a person under 18 with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).]]

(4) Premises are being used for activities related to a specified prostitution offence—

(a) in the case of an offence under F580 ... Article 37 of the Northern Ireland Order, at any time when the sexual services mentioned in F581 ... paragraph (1)(a) of that Article are being provided on the premises, and

(b) in the case of any other specified prostitution offence, at any time when the person in respect of whom the offence is committed is providing sexual services as a prostitute on the premises.

(5) Premises are being used for activities related to a specified pornography offence at any time when the person in respect of whom the offence is committed is doing anything on the premises which enables an indecent image of himself or herself to be recorded.

[F582 (5A) Premises are being used for activities related to a specified child sex offence at any time when the premises are used—

(a) to commit the offence, or

(b) for activities intended to arrange or facilitate the commission of the offence.]

(6) Any reference to an offence under this Act includes a reference to—

(a) an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of the Act in question) is such an offence;

(b) an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is such an offence.

Textual Amendments

F565 Words in s. 136A(2)(a) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 2(2)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F566 S. 136A(2)(aa) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 64(2); S.I. 2015/820, reg. 2(r)(vii)

F567 Words in s. 136A(2)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 64(3); S.I. 2015/820, reg. 2(r)(vii)

F568 S. 136A(2)(ba) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 64(4); S.I. 2015/820, reg. 2(r)(vii)

F569 Words in s. 136A(2)(c) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 64(5); S.I. 2015/820, reg. 2(r)(vii)

F570 S. 136A(2)(ca) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 64(6); S.I. 2015/820, reg. 2(r)(vii)

F571 Words in s. 136A(2)(d) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 64(7); S.I. 2015/820, reg. 2(r)(vii)

F572 S. 136A(3)(za) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 65(2); S.I. 2015/820, reg. 2(r)(vii)

F573 Words in s. 136A(3)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 65(3); S.I. 2015/820, reg. 2(r)(vii)

F574 S. 136A(3)(aa) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 65(4); S.I. 2015/820, reg. 2(r)(vii)

F575 Words in s. 136A(3)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 65(5); S.I. 2015/820, reg. 2(r)(vii)

F576 S. 136A(3)(ba) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 65(6); S.I. 2015/820, reg. 2(r)(vii)

F577 Words in s. 136A(3)(c) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 65(7); S.I. 2015/820, reg. 2(r)(vii)

F578 S. 136A(3A) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 2(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F579 S. 136A(3A)(d) inserted (E.W.) (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 14

F580 Words in s. 136A(4)(a) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 2(5)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F581 Words in s. 136A(4)(a) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 2(5)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F582 S. 136A(5A) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 2(6) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

Closure notices E+W+N.I.

136B Power to authorise issue of closure [F583 notice: prostitution or pornography offences] E+W+N.I.

(1) A member of a police force not below the rank of superintendent (“the authorising officer”) may authorise the issue of a closure notice in respect of any premises if three conditions are met.

(2) The first condition is that the officer has reasonable grounds for believing that either subsection (3) or (4) (or both) applies.

(3) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences.

But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion).

(4) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.

(5) In subsections (3) and (4), “the relevant period” means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice.

(6) The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified prostitution or pornography offences.

(7) The third condition is that the officer is satisfied—

(a) that the local authority for the area in which the premises are situated has been consulted, and

(b) that reasonable steps have been taken to establish the identity of any person who resides on the premises or who has control of or responsibility for or an interest in the premises.

(8) For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).

(9) An authorisation under subsection (1) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable.

(10) The issue of a closure notice may be authorised whether or not a person has been convicted of any specified prostitution or pornography offence that the authorising officer believes has been committed.

(11) The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.

Textual Amendments

F583 Words in s. 136B heading substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 3 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

[F584 136BA Power to authorise issue of closure notice: child sex offences in England and Wales E+W+N.I.

(1) A member of a police force not below the rank of superintendent (“the authorising officer”) may authorise the issue of a closure notice in respect of any premises in England and Wales if three conditions are met.

(2) The first condition is that the officer has reasonable grounds for believing that—

(a) during the relevant period, the premises were used for activities related to one or more specified child sex offences, or

(b) the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child sex offences.

(3) In subsection (2)(a), “the relevant period” means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice.

(4) The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified child sex offences.

(5) For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).

(6) The third condition is that the officer is satisfied that reasonable efforts have been made—

(a) to consult the local authority for the area in which the premises are situated, and

(b) to establish the identity of any person who resides on the premises or who has control of or responsibility for or an interest in the premises.

(7) If the local authority has not been consulted when the notice is issued, it must be consulted as soon as possible afterwards.

(8) An authorisation under subsection (1) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable.

(9) The issue of a closure notice may be authorised whether or not a person has been convicted of any specified child sex offence that the authorising officer believes has been committed.

(10) The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.]

Textual Amendments

F584 S. 136BA inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 4 (with ss. 21, 33, 42, 58, 75, 93, 115(2)); S.I. 2015/373, art. 2(f)

136C Contents and service of closure notice E+W+N.I.

(1) A closure notice must—

(a) state that no-one other than a person who regularly resides on, or owns, the premises may enter or remain on them,

(b) state that failure to comply with the notice amounts to an offence,

(c) specify the offence or offences in respect of which the authorising officer considers that the first and second conditions in section 136B [F585 or 136BA] are met,

(d) state that an application will be made under section 136D for the closure of the premises,

(e) specify the date and time when, and the place at which, that application will be heard, and

(f) explain the effects of an order under section 136D.

(2) A closure notice must be served by a constable.

(3) Service is effected by—

(a) fixing a copy of the notice to at least one prominent place on the premises,

(b) fixing a copy of the notice to each normal means of access to the premises,

(c) fixing a copy of the notice to any outbuildings which appear to the constable to be used with or as part of the premises, and

(d) giving a copy of the notice to the persons identified in pursuance of section 136B(7)(b) [F586 or 136BA(6)(b)] and to any other person appearing to the constable to be a person of a description mentioned in that provision.

(4) A constable must also serve a copy of the notice on any person who occupies any other part of a building or other structure in which the premises are situated if, at the time of acting under subsection (3), the constable reasonably believes that the person's access to the other part of the building or structure will be impeded if a closure order is made.

(5) Subsection (3)(d) or (4) does not require a constable to serve a copy of the notice on a person if it is not reasonably practicable to do so.

(6) A constable acting under subsection (3) may enter any premises, using reasonable force if necessary, for the purpose of complying with subsection (3)(a) to (c).

(7) A closure notice has effect until an application for a closure order is determined under section 136D.

(8) But, if the hearing of an application for a closure order is adjourned, the closure notice ceases to have effect unless the court makes an order under section 136E(2).

Textual Amendments

F585 Words in s. 136C(1)(c) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 5(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F586 Words in s. 136C(3)(d) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 5(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

Closure orders E+W+N.I.

136D Power to make a closure order E+W+N.I.

(1) If a closure notice has been issued, a constable must apply under this section to a magistrates' court for a closure order.

(2) A closure order is an order that the premises in respect of which the order is made are closed to all persons for such period not exceeding 3 months as is specified in the order.

(3) The application must be heard by the magistrates' court not later than 48 hours after the notice was served in pursuance of section 136C(3)(a).

(4) The magistrates' court may make a closure order if three conditions are met.

(5) The first condition is that the court is satisfied that [F587 at least one of subsections (6), (7) and (7A)] applies.

(6) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences.

But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion).

(7) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.

[F588 (7A) This subsection applies if—

(a) during the relevant period, the premises were used for activities related to one or more specified child sex offences, or

(b) the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child sex offences.]

(8) In [F589 subsections (6), (7) and (7A)(a)], “the relevant period” means the period of 3 months ending with the day on which the issue of the closure notice was authorised.

(9) The second condition is that the court is satisfied that the making of the closure order is necessary to prevent the premises being used for activities related to one or more specified [F590 prostitution, pornography or child sex offences] during the period to be specified in the order.

(10) The third condition is that the court is satisfied that—

(a) before the issue of the closure notice was authorised, reasonable steps were taken to establish the identity of any person of a description mentioned in section 136B(7)(b) [F591 or 136BA(6)(b)], and

(b) a constable complied with section 136C(3)(d) in relation to the persons so identified.

(11) For the purposes of the second condition, it does not matter whether the court is satisfied that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).

(12) A closure order may be made whether or not a person has been convicted of any specified [F592 prostitution, pornography or child sex offences] that the court is satisfied has been committed.

Textual Amendments

F587 Words in s. 136D(5) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 6(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F588 S. 136D(7A) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 6(3) (with ss. 21, 33, 42, 58, 75, 93, 115(2)); S.I. 2015/373, art. 2(f)

F589 Words in s. 136D(8) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 6(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F590 Words in s. 136D(9) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 6(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F591 Words in s. 136D(10)(a) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 6(6) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F592 Words in s. 136D(12) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 6(7) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

136E Making of closure orders: supplementary provision E+W+N.I.

(1) The magistrates' court may adjourn the hearing of an application for a closure order for a period of not more than 14 days to enable any of the following to show why a closure order should not be made—

(a) an occupier of the premises;

(b) a person who has control of or responsibility for the premises;

(c) any other person with an interest in the premises.

(2) If the court adjourns the hearing, it may order that the closure notice continues in effect until the end of the period of the adjournment.

(3) A closure order may include such provision as the court thinks appropriate relating to access to any other part of a building or other structure in which the premises are situated.

(4) A closure order may be made in respect of the whole or any part of the premises in respect of which the closure notice was issued.

Enforcement E+W+N.I.

136F Closure order: enforcement E+W+N.I.

(1) This section applies if a closure order is made.

(2) A constable or an authorised person may—

(a) enter the premises in respect of which the order is made;

(b) do anything reasonably necessary to secure the premises against entry by any person.

(3) A constable or an authorised person seeking to enter premises for the purposes of subsection (2) must, if required to do so by or on behalf of the owner, occupier or other person in charge of the premises, produce evidence of the constable's or (as the case may be) the authorised person's identity and authority before entering the premises.

(4) A constable or an authorised person may also enter the premises at any time while the order has effect for the purpose of carrying out essential maintenance of, or repairs to, the premises.

(5) A constable or an authorised person acting under subsection (2) or (4) may use reasonable force.

(6) In this section “authorised person”—

(a) in the application of this section to England and Wales, means a person authorised by the chief officer of police for the area in which the premises are situated;

(b) in the application of this section to Northern Ireland, means a person authorised by the Chief Constable of the Police Service of Northern Ireland.

136G Closure of premises: offences E+W+N.I.

(1) A person who remains on or enters premises in contravention of a closure notice commits an offence.

(2) A person who remains on or enters premises in contravention of a closure order commits an offence.

(3) A person does not commit an offence under subsection (1) or (2) if the person has a reasonable excuse for remaining on or entering the premises.

(4) A person who obstructs a constable or an authorised person acting under section 136C(3) or (4) or 136F(2) or (4) commits an offence.

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

(a) to imprisonment for a period not exceeding 51 weeks, or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection

(7) In the application of this section to Northern Ireland—

(a) the reference in subsection (5)(a) to 51 weeks is to be read as a reference to 6 months, and

(b) subsection (6) is omitted.

(8) In this section “authorised person” has the same meaning as in section 136F.

Extension and discharge of closure orders E+W+N.I.

136H Applications for extension of closure order E+W+N.I.

(1) At any time before the end of the period for which a closure order is made or extended a constable may make a complaint to the appropriate judicial officer for an extension or further extension of the period for which it has effect.

(2) A complaint may not be made under subsection (1) unless it is authorised by a member of a police force not below the rank of superintendent.

(3) Authorisation may be given under subsection (2) if two conditions are met.

(4) The first condition is that the officer has reasonable grounds for believing that it is necessary to extend the period for which the order has effect to prevent the premises being used for activities related to any of the specified [F593 prostitution, pornography or child sex offences] in respect of which section 136D(9) applied.

(5) The second condition is that the officer is satisfied that the local authority has been consulted about the intention to make a complaint.

(6) If a complaint is made under subsection (1) the appropriate judicial officer may issue a summons directed to—

(a) any person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), or

(b) any other person who appears to the judicial officer to have an interest in the closed premises but on whom the closure notice was not served,

requiring such person to appear before the magistrates' court to answer to the complaint.

(7) If a summons is issued in accordance with subsection (6), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on—

(a) the persons to whom the summons is directed,

(b) such constable as the judicial officer thinks appropriate (unless the complainant is a constable), and

(c) the local authority.

(8) In this section “the appropriate judicial officer” means—

(a) in the application of this section to England and Wales, a justice of the peace;

(b) in the application of this section to Northern Ireland, a lay magistrate.

Textual Amendments

F593 Words in s. 136H(4) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 7 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

136I Orders extending closure orders E+W+N.I.

(1) This section applies where a complaint is made under section 136H.

(2) The court may make an order extending the period for which the closure order has effect by a period specified in the order if the court is satisfied that the extension is necessary to prevent the premises being used for activities related to any of the specified [F594 prostitution, pornography or child sex offences] in respect of which section 136D(9) applied.

(3) The period specified in the order may not exceed 3 months.

(4) The total period for which a closure order has effect may not exceed 6 months.

(5) An order under this section may include such provision as the court thinks appropriate relating to access to any other part of a building or other structure in which the premises are situated.

Textual Amendments

F594 Words in s. 136I(2) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 8 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

136J Discharge of closure order E+W+N.I.

(1) Any of the following persons may make a complaint to an appropriate judicial officer for an order that a closure order be discharged—

(a) a constable;

(b) the local authority;

(c) a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4);

(d) any other person who has an interest in the closed premises but on whom the closure notice was not served.

(2) If a complaint is made under subsection (1) by a person other than a constable the judicial officer may issue a summons directed to such constable as the judicial officer thinks appropriate requiring the constable to appear before the magistrates' court to answer to the complaint.

(3) The court may not make an order discharging a closure order unless it is satisfied that the order is no longer necessary to prevent the premises being used for activities related to any of the specified [F595 prostitution, pornography or child sex offences] in respect of which section 136D(9) applied.

(4) If a complaint is made under subsection (1), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on—

(a) the persons mentioned in subsection (1)(c) and (d) (other than the complainant),

(b) a constable (unless a constable is the complainant), and

(c) the local authority (unless it is the complainant).

(5) In this section “appropriate judicial authority” has the same meaning as in section 136H.

Textual Amendments

F595 Words in s. 136J(3) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 9 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

Appeals against closure orders etc. E+W+N.I.

136K Appeals E+W+N.I.

(1) An appeal against an order under section 136D or 136I, or an appeal against a decision not to be make an order under section 136J, may be made to the appropriate appeal court by—

(a) a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d), or

(b) any other person who has an interest in the closed premises but on whom the closure notice was not served.

(2) An appeal against a decision of a court not to make an order under section 136D or 136I, or an appeal against an order under section 136J, may be made to the appropriate appeal court by—

(a) a constable, or

(b) the local authority.

(3) An appeal under subsection (1) or (2) must be made before the end of the period of 21 days beginning with the day on which the order or decision is made.

(4) On an appeal under this section the court may make such order as it thinks appropriate.

(5) In this section “the appropriate appeal court” means—

(a) in the application of this section to England and Wales, the Crown Court;

(b) in the application of this section to Northern Ireland, a county court.

Access to other premises E+W+N.I.

136L Access to other premises E+W+N.I.

(1) This section applies to any person who occupies or has an interest in any part of a building or other structure—

(a) in which closed premises are situated, and

(b) in respect of which the closure order does not have effect.

(2) A person to whom this section applies may at any time while a closure order has effect apply to—

(a) the magistrates' court in respect of an order made under section 136D or 136I, or

(b) the appropriate appeal court in respect of an order made by that court under section 136K.

(3) If an application is made under this section notice of the date and time when, and the place at which, the hearing to consider the application will take place must be given to—

(a) a constable,

(b) the local authority.

(c) each person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), and

(d) any other person who appears to the court to have an interest in the closed premises but on whom the closure notice was not served.

(4) On an application under this section the court may make such order as it thinks appropriate in relation to access to any other part of a building or other structure in which the closed premises are situated.

(5) It is immaterial whether any provision has been made as mentioned in section 136E(3) or 136I(5).

(6) In this section “appropriate appeal court” has the same meaning as in section 136K.

Reimbursement of costs, compensation etc. E+W+N.I.

136M Reimbursement of costs E+W+N.I.

(1) A [F596 local policing body] or a local authority which incurs expenditure for the purpose of clearing, securing, repairing or maintaining closed premises may apply to the court which made the closure order for an order under this section.

(2) On an application under this section, the court may make such order as it thinks appropriate in the circumstances for the reimbursement (in full or in part) by the owner of the premises of the expenditure mentioned in subsection (1).

(3) An application under this section must not be entertained unless it is made before the end of the period of three months beginning with the day the closure order ceases to have effect.

(4) An application under this section must be served on—

(a) the [F596 local policing body] for the area in which the premises are situated, if the application is made by the local authority,

(b) the local authority, if the application is made by a [F596 local policing body] , and

(c) the owner of the premises.

(5) In the application of this section to Northern Ireland references to the [F596 local policing body] are to be read as references to the Northern Ireland Policing Board.

Textual Amendments

F596 Words in s. 136M substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 329; S.I. 2011/3019, art. 3, Sch. 1

136N Exemption from liability for certain damages E+W+N.I.

(1) A constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part.

(2) A chief officer of police who has direction or control of a constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part.

(3) An authorised person is not liable for relevant damages in respect of anything done or omitted to be done by the authorised person in the performance or purported performance of the authorised person's functions under this Part.

(4) No person is vicariously liable for anything done or omitted to be done by an authorised person as mentioned in subsection (3).

(5) Subsections (1) to (4) do not apply—

(a) if the act or omission is shown to have been in bad faith;

(b) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(6) This section does not affect any other exemption from liability for damages (whether at common law or otherwise).

(7) In this section—

(a) “authorised person” has the same meaning as in section 136F;

(b) “relevant damages” means damages in proceedings for judicial review or for the tort of negligence or misfeasance in public office.

(8) In the application of this section to Northern Ireland, the reference in subsection (2) to the chief officer of police is to be read as a reference to the Chief Constable of the Police Service of Northern Ireland.

136O Compensation E+W+N.I.

(1) A person who claims to have incurred financial loss in consequence of a closure notice or closure order may apply for compensation.

(2) The application must be made—

(a) to the appropriate appeal court, if the closure order was made or extended by an order of that court on an appeal under section 136K;

(b) in any other case, to the magistrates' court which considered the application for a closure order.

(3) In a case where a closure notice is issued but a closure order is not made, the application must not be entertained unless it is made before the end of the period of three months beginning with—

(a) the day the magistrates' court decides not to make a closure order, or

(b) if there is an appeal against that decision, the day the appropriate appeal court dismisses that appeal.

(4) In a case where a closure order is made, the application must not be entertained unless it is made before the end of the period of three months beginning with the day the closure order ceases to have effect.

(5) The court which hears the application may order the payment of compensation out of central funds if it is satisfied—

(a) that the person was not associated with the use of the premises for the activities in relation to which the first condition in section 136B [F597 or 136BA] was met,

(b) if the person is the owner or occupier of the premises, that the person took reasonable steps to prevent that use,

(c) that the person has incurred financial loss as mentioned in subsection (1), and

(d) having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.

(6) In this section—

(a) “appropriate appeal court” has the same meaning as in section 136K;

(b) “central funds” has the same meaning as in enactments providing for the payment of costs.

(7) In the application of this section to Northern Ireland—

(a) the reference in subsection (5) to “central funds” is to be read as a reference to monies provided by Parliament, and

(b) subsection (6)(b) is omitted.

Textual Amendments

F597 Words in s. 136O(5)(a) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 10 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

General E+W+N.I.

136P Guidance E+W+N.I.

(1) The Secretary of State may issue guidance relating to the discharge of any functions under or for the purposes of this Part by a constable or by an authorised person (within the meaning of section 136F).

(2) A person discharging a function to which guidance under this section relates must have regard to the guidance in discharging the function.

136Q Issue of closure notices by persons other than police officers E+W+N.I.

(1) The Secretary of State may by order amend this Part so as to extend the power to authorise the issue of a closure notice to persons other than members of police forces.

(2) An order under subsection (1) may make such further amendments of this Part as the Secretary of State thinks appropriate in consequence of the extension of that power to persons other than members of police forces.

136R Interpretation E+W+N.I.

(1) This section applies for the purposes of this Part.

(2) “A closure notice” means a notice issued under section 136B [F598 or 136BA].

(3) “A closure order” means—

(a) an order made under section 136D;

(b) an order extended under section 136I;

(c) an order made or extended under section 136K which has the like effect as an order made or extended under section 136D or 136I (as the case may be).

(4) “Closed premises” means premises in respect of which a closure order has effect.

(5) “Local authority”, in relation to England, means—

(a) a district council;

(b) a London borough council;

(c) a county council for an area for which there is no district council;

(d) the Common Council of the City of London in its capacity as a local authority;

(e) the Council of the Isles of Scilly.

(6) “Local authority”, in relation to Wales, means—

(a) a county council;

(b) a county borough council.

(7) “Local authority”, in relation to Northern Ireland, means a district council.

(8) In the application of this Part to England and Wales, references to the local authority in relation to—

(a) any premises,

(b) a closure notice relating to any premises, or

(c) a closure order relating to any premises,

are references to the local authority for the area in which the premises are situated.

[F599 (8A) In the application of this Part to Northern Ireland, references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.]

(9) In the application of this Part to Northern Ireland, references to the local authority in relation to—

(a) any premises,

(b) a closure notice relating to any premises, or

(c) a closure order relating to any premises,

are references to the council for the district in which the premises are situated.

(10) In the application of this Part to Northern Ireland, the reference in section 136B(7)(a) to the area is to be read as a reference to the district.

(11) “The owner”, in relation to premises, means—

(a) a person who, whether alone or jointly with another person, is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion (apart from a mortgagee not in possession);

(b) a person who, whether alone or jointly with another person, holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

(12) “Premises” includes—

(a) any land or other place (whether enclosed or not);

(b) any outbuildings which are, or are used as, part of the premises.

(13) “Specified prostitution offence” means an offence listed in section 136A(2).

(14) “Specified pornography offence” means an offence listed in section 136A(3).

[F600 (15) In the application of this Part to England and Wales, references to specified pornography offences are to be ignored.

(16) “Specified child sex offence” means an offence listed in section 136A(3A).

(17) In the application of this Part to Northern Ireland, references to specified child sex offences and to section 136BA are to be ignored.]]

Textual Amendments

F598 Words in s. 136R(2) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 11(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F599 S. 136R(8A) inserted by Policing and Crime Act 2009 (c. 26), ss. 21(1), 116(1), Sch. 2 para. 1 (with s. 21(2)) (as inserted (12.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 108(2) (with arts. 28-31))

F600 Ss. 136R(15)-(17) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 11(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

Part 3 U.K. General

137 Service courts E+W

(1) In this Act [F601 and in sections 343 to 354 of the Sentencing Code (sexual harm prevention orders on conviction)]—

(a) a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court,

(b) a reference to an offence includes a reference to an offence triable by a service court,

(c) “proceedings” includes proceedings before a service court, and

(d) a reference to proceedings for an offence under this Act includes a reference to proceedings for [F602 an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.]

(2) In sections 92 and [F603 103A(1) [F604 of this Act, and section 345 of the Sentencing Code,]] “court” includes a service court.

[F605 (3) Where the court making a sexual harm prevention order is a service court—

(a) sections 103A(3) [F606 and (4)] to (9), 103F [F607 , 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] do not apply;

(b) sections [F608 103A(1), (2) and (3A),] 103B to 103E [F609 , 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] apply—

(i) subject to paragraphs [F610 (ba), (bb)] (c) and (d), and

(ii) as if they extended to the whole of the United Kingdom;

[F611 (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;]

(c) in relation to an application under section 103E [F612 of this Act, or an application under section 350 of the Sentencing Code,] in respect of a defendant who at the time of the application is a person subject to service law or a civilian subject to service discipline—

(i) the application may be made only by the defendant or a [F613 Provost Marshal], and must be made to the Court Martial;

[F614 (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;]

(ii) consent under section 103E(7) [F615 of this Act, or section 350(7) of the Sentencing Code,] must be the consent of the defendant and a [F613 Provost Marshal];

(iii) an appeal against the making of an order under section 103E [F616 of this Act or section 350 of the Sentencing Code], or the refusal to make such an order, must be made to the Court Martial Appeal Court;

(d) in relation to an application under section 103E [F617 of this Act, or an application under section 350 of the Sentencing Code,] in respect of a defendant who at the time of the application is neither a person subject to service law nor a civilian subject to service discipline—

(i) the application must be made to the Crown Court in England and Wales;

(ii) an appeal against the making of an order under section 103E [F618 of this Act or section 350 of the Sentencing Code], or the refusal to make such an order, must be made to the Court of Appeal in England and Wales.]

(4) In this [F619 section—

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

• [F620 “Provost Marshal” means the Provost Marshal of a service police force or the Provost Marshal for serious crime;]

• “service court” means] [F621 the Court Martial or the Service Civilian Court];

• [F622 “subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).]

[F623 (5) In subsection (1)(a) the reference to a service court includes a reference to the following—

(a) the Court Martial Appeal Court;

(b) the Supreme Court on an appeal brought from the Court Martial Appeal Court;

(c) a court-martial;

(d) a Standing Civilian Court.]

[F624 (6) Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in relation to a sexual harm prevention order made by the Court Martial Appeal Court, as if the reference to a service court in that subsection included a reference to that court.]

Textual Amendments

F601 Words in s. 137(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 215(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F602 Words in s. 137(1)(d) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 211(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F603 Word in s. 137(2) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 7(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F604 Words in s. 137(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 215(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F605 S. 137(3) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 7(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F606 Words in s. 137(3)(a) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(a)(i), 208(1); S.I. 2022/1227, reg. 3(k)

F607 Words in s. 137(3)(a) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(a)(ii), 208(1); S.I. 2022/1227, reg. 3(k)

F608 Words in s. 137(3)(b) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(b)(i), 208(1); S.I. 2022/1227, reg. 3(k)

F609 Words in s. 137(3)(b) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(b)(ii), 208(1); S.I. 2022/1227, reg. 3(k)

F610 Words in s. 137(3)(b)(i) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(c), 208(1); S.I. 2022/1227, reg. 3(k)

F611 S. 137(3)(ba)(bb) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(d), 208(1); S.I. 2022/1227, reg. 3(k)

F612 Words in s. 137(3)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 215(6)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F613 Words in s. 137(3)(c) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(e), 208(1); S.I. 2022/1227, reg. 3(k)

F614 S. 137(3)(c)(ia)(ib) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 179(f), 208(1); S.I. 2022/1227, reg. 3(k)

F615 Words in s. 137(3)(c)(ii) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 215(6)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F616 Words in s. 137(3)(c)(iii) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 215(6)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F617 Words in s. 137(3)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 215(7)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F618 Words in s. 137(3)(d)(ii) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 215(7)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F619 Words in s. 137(4) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 7(4)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F620 Words in s. 137(4) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 23; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F621 Words in s. 137(4) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 211(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F622 Words in s. 137(4) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 7(4)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F623 S. 137(5) added (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 211(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F624 S. 137(6) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 7(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

Modifications etc. (not altering text)

C16 S. 137 modified (24.4.2009 for certain purposes and otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 52(2)

138 Orders and regulations E+W+N.I.

(1) Any power to make orders or regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument.

(2) A statutory instrument containing an order or regulations under section 21, [F625 22A,] [F626 any of sections 83 to 86 [F627 , section 130 or section 136Q(1)]] may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(3) Any other statutory instrument, except one containing an order under section 141, is to be subject to annulment in pursuance of a resolution of either House of Parliament.

[F628 (4) Orders or regulations made by the Secretary of State under this Act may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.]

[F629 (5) Any power of the Department of Justice in Northern Ireland to make orders or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(6) An order or regulations under any of sections 83 to 86 or section 130 may not be made by the Department of Justice unless a draft of the order or regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(8) Any other order or regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(9) Orders or regulations made by the Department of Justice may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.]

Extent Information

E6 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F625 Word in s. 138(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 47(3), 208(5)(c)

F626 Words in s. 138(2) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 142(10), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F627 Words in s. 138(2) substituted (E.W.N.I.) (1.4.2010 for E.W. and otherwise prosp.) by Policing and Crime Act 2009 (c. 26), ss. 21(1), 116(1), Sch. 2 para. 2; S.I. 2010/507, art. 5(t) (subject to art. 6)

F628 S. 138(4) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 57(1); S.I. 2008/1586, art. 2, Sch. 1 para. 48(r) (subject to Sch. 2)

F629 S. 138(5)-(9) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 77(3) (with arts. 28-31)

138 Orders and regulations S

(1) Any power to make orders or regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument.

(2) A statutory instrument containing an order or regulations under section 21, [F625 22A,] [F655 83, 84,][F656 85,] 86 F657 [F658 , 88H] or 130 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(3) Any other statutory instrument, except one containing an order under section 141, is to be subject to annulment in pursuance of a resolution of either House of Parliament.

[F659 (4) Orders or regulations made by the Scottish Ministers under this Act may—

(a) make different provision for different purposes,

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.]

Extent Information

E12 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northen Ireland only

Textual Amendments

F625 Word in s. 138(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 47(3), 208(5)(c)

F655 Words in s. 138(2) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(9), 104; S.S.I. 2006/432, art. 2(d)

F656 Words in s. 138(2) inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(6), 206(1); S.I. 2011/178, art. 2 {Sch.}

F657 Word in s. 138(2) inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(2) (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5)

F658 Word in s. 138(2) inserted (S.) (at 17.00 hours on 25.10.2010) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 4(2) (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45))

F659 S. 138(4) inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(6), 206(1); S.I. 2011/178, art. 2 {Sch.}

139 Minor and consequential amendments E+W

Schedule 6 contains minor and consequential amendments.

140 Repeals and revocations E+W

The provisions listed in Schedule 7 are repealed or revoked to the extent specified.

141 Commencement U.K.

(1) This Act, except this section and sections 138, 142 and 143, comes into force in accordance with provision made by the Secretary of State by order.

(2) An order under subsection (1) may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, saving or transitional provisions.

Subordinate Legislation Made

P1 S. 141 power fully exercised: 1.5.2004 appointed by {S.I. 2004/874}, art. 2; {S.S.I. 2004/138}, art. 2

142 Extent, saving etc. U.K.

(1) Subject to section 137 and to subsections (2) to (4), this Act extends to England and Wales only.

(2) The following provisions also extend to Northern Ireland—

[F630 (a) sections 46 and F631 ...,]

(b) [F632 Schedule 2,]

[F633 (c) sections 80 to 85, 86 to 88, 89 to 91, 92 to 96, 96B to 103, 122F and 130 to 136ZD;

(ca) Part 2A;]

(d) sections 138, 141, 143 and this section.

[F634 (2A) Sections 85A, 96A, 96AA, 110, 117A, 119 and 123 to 129 and Schedule 3A extend only to Northern Ireland.]

(3) The following provisions also extend to Scotland—

[F635 (a) sections 80 to 85, 86 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, 130 to 132 and 133 to 136ZB;]

(b) sections 138, 141, 143 and this section.

[F636 (3A) Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to Scotland.

(3B) Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to Northern Ireland and Scotland but not to England and Wales.

(3C) The references to section 96A in subsections (2A) and (3A) are references respectively to—

(a) the section 96A inserted by the Criminal Justice Act (Northern Ireland) 2013, and

(b) the section 96A inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006.]

(4) Unless otherwise provided, any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

(5) [F637 Section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) continues to have effect despite the repeal by this Act of section 8 of the Sex Offenders Act 1997 (c. 51).]

(6) For the purposes of the Scotland Act 1998 (c. 46), this Act is to be taken to be a pre-commencement enactment.

Textual Amendments

F630 S. 142(2)(a) substituted (E.W.N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 11(a); S.R. 2008/510, art. 2

F631 Words in s. 142(2) repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

F632 S. 142(2)(b) omitted (E.W.N.I.) (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 11(b); S.R. 2008/510, art. 2

F633 S. 142(2)(c)(ca) substituted for s. 142(2)(c) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 113(2)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(a)

F634 S. 142(2A) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 113(2)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(a)

F635 S. 142(3)(a) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 113(2)(c), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(a)

F636 S. 142(3A)-(3C) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 113(2)(d), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(a)

F637 S. 142(5) repealed (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(2), 62(2), Sch. 6; S.S.I. 2010/357, art. 2(a)

143 Short title U.K.

This Act may be cited as the Sexual Offences Act 2003.