PART II Police Functions

Prints and samples

19ABF1Section 19AA: supplementary provision in risk of sexual harm order cases

1

This section applies where section 19AA of this Act applies by virtue of subsection (1)(b) or (c) of that section.

2

A person who fails without reasonable excuse—

a

to comply with a requirement made of him under section 19AA(8)(a) of this Act; or

b

to allow relevant physical data to be taken from him, to provide relevant physical data, or to allow a sample to be taken from him, under section 19AA(3) of this Act,

shall be guilty of an offence.

3

A person guilty of an offence under subsection (2) above shall be liable on summary conviction to the following penalties—

a

a fine not exceeding level 4 on the standard scale;

b

imprisonment for a period—

i

where the conviction is in the district court, not exceeding 60 days; or

ii

where the conviction is in the sheriff court, not exceeding 3 months; or

c

both such fine and such imprisonment.

4

Subject to subsection (6) below, all record of any relevant physical data taken from or provided by a person under section 19AA(3) of this Act, all samples taken from a person under that subsection and all information derived from such samples shall be destroyed as soon as possible following the person ceasing to be a person subject to any risk of sexual harm orders.

5

For the purpose of subsection (4) above, a person does not cease to be subject to a risk of sexual harm order where the person would be subject to such an order but for an order under section 6(2) of the 2005 Act or any corresponding power of a court in England and Wales or in Northern Ireland.

6

Subsection (4) above does not apply if before the duty to destroy imposed by that subsection would apply, the person—

a

is convicted of an offence; or

b

becomes subject to the notification requirements of Part 2 of the 2003 Act.

7

In this section—

  • “ risk of sexual harm order ” means an order under—

    1. a

      section 2 of the 2005 Act; or

    2. b

      section 123 of the 2003 Act;

  • “ the 2005 Act ” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9);

  • “ the 2003 Act ” has the meaning given by section 19AA(14) of this Act; and

  • “ convicted ” shall be construed in accordance with section 19A(6) of this Act.