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

RapeE+W

1RapeE+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.

AssaultE+W

2Assault by penetrationE+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.

3Sexual assaultE+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 consentE+W

4Causing a person to engage in sexual activity without consentE+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 13E+W

5Rape of a child under 13E+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.

6Assault of a child under 13 by penetrationE+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.

7Sexual assault of a child under 13E+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.

8Causing or inciting a child under 13 to engage in sexual activityE+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 offencesE+W

9Sexual activity with a childE+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.

10Causing or inciting a child to engage in sexual activityE+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.

11Engaging in sexual activity in the presence of a childE+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.

12Causing a child to watch a sexual actE+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.

13Child sex offences committed by children or young personsE+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.

14Arranging or facilitating commission of a child sex offenceE+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 9 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—

(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.

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

[F1(1)A person aged 18 or over (A) commits an offence if—

[F2(a)A has met or communicated with another person (B) [F3on 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)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)anything done outside England and Wales F5. . . which is not an offence within sub-paragraph (i) F5. . . but would be an offence within sub-paragraph (i) if done in England and Wales.

(3)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

[F715ASexual communication with a childE+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 12 months or a fine or both;

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

Textual Amendments

F7S. 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

Abuse of position of trustE+W

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

[F8(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

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

[F9(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

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

[F10(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

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

[F11(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

20Abuse of position of trust: acts done in ScotlandE+W

[F12Anything which, if done in England and Wales F13. . . , would constitute an offence under any of sections 16 to 19 also constitutes that offence if done in Scotland [F14or Northern Ireland].]

Textual Amendments

21Positions of trustE+W

[F15(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 [F16in accordance with section 22C(6)] of the Children Act 1989 (c. 41) [F17or section 81(6) of the Social Services and Well-being (Wales) Act 2014] F18..., or

(b)accommodation is provided by a voluntary organisation under section 59(1) of [F19the Children Act 1989] F20...,

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)[F21in Wales,] an independent clinic,

(c)a care home, F22...

(d)a community home, voluntary home or children’s home, [F23or]

(e)a home provided under section 82(5) of the Children Act 1989, F24...

F25(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(g)a place in Wales at which a care home service is provided,]

[F27(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.

F28(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

[F29(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) [F30or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014], F31...

F31(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 F32... 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, F33... [F34or]

[F35(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,]

F33(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 [F36or 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), F37...

(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) F38..., [F39or]

[F40(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

F16Words 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)

F36Words 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)

22Positions of trust: interpretationE+W

[F41(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—

[F58(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

F42S. 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

F45S. 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

F47S. 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

F49S. 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

F51S. 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)

F52S. 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

F53S. 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

F55S. 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

F57S. 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

23Sections 16 to 19: [F59exception for spouses and civil partners]E+W

[F60(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 [F61or civil partners of each other].

(2)In proceedings for such an offence it is for the defendant to prove that A and B [F62were at the time lawfully married or civil partners of each other].]

Textual Amendments

F59S. 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))

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

[F63(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

Familial child sex offencesE+W

25Sexual activity with a child family memberE+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.

26Inciting a child family member to engage in sexual activityE+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.

27Family relationshipsE+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 [F64section 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

[F65(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),]

[F66(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

F65S. 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)

28Sections 25 and 26: [F67exception 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 [F68or civil partners of each other].

(2)In proceedings for such an offence it is for the defendant to prove that A and B [F69were at the time lawfully married or civil partners of each other].

Textual Amendments

F67S. 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))

29Sections 25 and 26: sexual relationships which pre-date family relationshipsE+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 [F70section 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

Offences against persons with a mental disorder impeding choiceE+W

30Sexual activity with a person with a mental disorder impeding choiceE+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.

31Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activityE+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.

32Engaging in sexual activity in the presence of a person with a mental disorder impeding choiceE+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.

33Causing a person, with a mental disorder impeding choice, to watch a sexual actE+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 disorderE+W

34Inducement, threat or deception to procure sexual activity with a person with a mental disorderE+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.

35Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deceptionE+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.

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

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

38Care workers: sexual activity with a person with a mental disorderE+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.

39Care workers: causing or inciting sexual activityE+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.

40Care workers: sexual activity in the presence of a person with a mental disorderE+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.

41Care workers: causing a person with a mental disorder to watch a sexual actE+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.

42Care workers: interpretationE+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 [F71, children’s home, or premises in Wales at which a secure accommodation service is provided], and

(b)A has functions to perform F72... in the course of employment [F73in the home or the premises] which have brought him or are likely to bring him into regular face to face contact with B.

[F74(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—

[F82(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

F77S. 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)

F78S. 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

F79S. 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)

F80S. 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)

43Sections 38 to 41: [F83exception 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 [F84or civil partners of each other].

(2)In proceedings for such an offence it is for the defendant to prove that A and B [F85were at the time lawfully married or civil partners of each other].

Textual Amendments

F83S. 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))

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

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

“1AMarriage 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—

“160AMarriage 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.”

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

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

“1BException 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—

“3AException 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.”

[F86Sexual exploitation of children] E+W

Textual Amendments

F86S. 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)

47Paying for sexual services of a childE+W

[F87(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)F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

48Causing or inciting [F89sexual exploitation of a child]E+W

[F90(1)A person (A) commits an offence if—

(a)he intentionally causes or incites another person (B) [F91to 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

F89Words 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)

F91Words 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)

49Controlling a child [F92in relation to sexual exploitation]E+W

[F93(1)A person (A) commits an offence if—

(a)he intentionally controls any of the activities of another person (B) relating to B’s [F94sexual 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

F92Words 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)

F94Words 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)

50Arranging or facilitating [F95sexual exploitation of a child]E+W

[F96(1)A person (A) commits an offence if—

(a)he intentionally arranges or facilitates the [F97sexual 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

F95Words 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)

F97Words 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)

51Sections 48 to 50: interpretationE+W

F98[F99(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F100(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 [F101or 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

F98S. 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)

F101Words 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)

[F102Prostitution]E+W

Textual Amendments

F102Heading "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)

[F10351ASolicitingE+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

F103S. 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)

52Causing or inciting prostitution for gainE+W

[F104(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

53Controlling prostitution for gainE+W

[F105(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

[F10653APaying 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

F106S. 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[F107Sections 51A to 53A]: interpretationE+W

[F108(1)In [F109sections 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.

[F110(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

F107S. 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)

F109Words 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)

Amendments relating to prostitutionE+W

55Penalties for keeping a brothel used for prostitutionE+W

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

(2)After section 33 insert—

“33AKeeping 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)—

“33AKeeping a brothel used for prostitution (section 33A).

(i) on indictment

(ii) summarily

Seven years

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

56Extension of gender-specific prostitution offencesE+W

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

TraffickingE+W+N.I.

F112[F11157Trafficking into the UK for sexual exploitationE+W+N.I.

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

Textual Amendments

F111S. 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)

F11358Trafficking within the UK for sexual exploitationE+W+N.I.

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

Textual Amendments

F111S. 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)

F115[F11458A]Trafficking outside the UK for sexual exploitationN.I.

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

Textual Amendments

F116[F11159Trafficking out of the UK for sexual exploitationE+W+N.I.

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

Textual Amendments

F111S. 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)

F11759ATrafficking people for sexual exploitationE+W

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

Textual Amendments

F117Ss. 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)

F119F11760[F118Sections 57 to 59: interpretation and jurisdiction] [F118Section 59A: interpretation]E+W+N.I.

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

Textual Amendments

F117Ss. 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)

F118S. 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)

F121F117[F12060AForfeiture of land vehicle, ship or aircraftE+W+N.I.

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

Textual Amendments

F117Ss. 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)

F122F11760BDetention of land vehicle, ship or aircraftE+W+N.I.

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

Textual Amendments

F117Ss. 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)

F123F11760CSections 60A and 60B: interpretationE+W+N.I.

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

Textual Amendments

F117Ss. 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)

Preparatory offencesE+W

61Administering a substance with intentE+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.

62Committing an offence with intent to commit a sexual offenceE+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.

63Trespass with intent to commit a sexual offenceE+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—

(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 relativeE+W

64Sex with an adult relative: penetrationE+W

(1)A person aged 16 or over (A) [F124(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)—

[F125(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.

[F126(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.

[F127(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

Modifications etc. (not altering text)

65Sex with an adult relative: consenting to penetrationE+W

(1)A person aged 16 or over (A) [F128(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)—

[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

Modifications etc. (not altering text)

Other offencesE+W

66ExposureE+W

[F132(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

67VoyeurismE+W

[F133(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

[F13467AVoyeurism: additional offencesE+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.

(3)The purposes referred to in subsections (1) and (2) are—

(a)obtaining sexual gratification (whether for A or C);

(b)humiliating, alarming or distressing B.

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

(a)on summary conviction, to imprisonment for a term not exceeding 12 months, or 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 [F1352 May 2022], the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.]

Textual Amendments

F134S. 67A inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(2), 2(2)

68Voyeurism: interpretationE+W

[F136(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.

[F137(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

F137S. 68(1A) inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(3), 2(2)

69Intercourse with an animalE+W

[F138(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

70Sexual penetration of a corpseE+W

[F139(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

71Sexual activity in a public lavatoryE+W

[F140(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

Offences outside the United KingdomE+W

[F14172Offences outside the United KingdomE+W

[F142(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 F143..., would constitute a sexual offence to which this [F144subsection] applies,

the United Kingdom national is guilty in [F145England 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 F146..., would constitute a sexual offence to which this [F147subsection] applies,

the United Kingdom resident is guilty in [F148England 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 F149..., would have constituted a sexual offence to which this [F150subsection] applies, and

(d)the person meets the residence or nationality condition at the relevant time,

proceedings may be brought against the person in [F151England 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—

(10)Schedule 2 lists the sexual offences to which [F152subsections (1) to (3) apply].]]

Textual Amendments

F144Word 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)

F147Word 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)

F150Word 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)

F152Words 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 generalE+W

73Exceptions to aiding, abetting and counsellingE+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.

75Evidential presumptions about consentE+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.

76Conclusive presumptions about consentE+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.

77Sections 75 and 76: relevant actsE+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—

OffenceRelevant 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

[F153For the purposes of this Part ([F154except 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

79Part 1: general interpretationE+W

[F155(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

Part 2U.K.Notification and orders

Modifications etc. (not altering text)

C5Pt. 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

Notification requirementsU.K.

80Persons becoming subject to notification requirementsU.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”.

81Persons formerly subject to Part 1 of the Sex Offenders Act 1997U.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 F156. . . , 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

F156S. 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

82The notification periodU.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 offenderNotification period
A person who, in respect of the offence, is or has been sentenced to imprisonment for life [F157, to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 [F158, 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 moreAn 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 orderAn 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 months10 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 less7 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 order7 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, [F159a community payback order imposing an offender supervision requirement], is made in respect of the offenceThe period of conditional discharge or, in Scotland, [F160the specified period for the offender supervision requirement]
A person of any other description5 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.

[F161(7)Schedule 3A (which provides for the review and discharge of indefinite notification requirements) has effect.]

Textual Amendments

F157Words 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

83Notification requirements: initial notificationE+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;

[F162(h)any prescribed information.]

[F163(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 [F164or 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

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F162S. 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)

F163S. 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)

83Notification requirements: initial notificationS

(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;

[F477(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.

[F478(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

E7This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

84Notification requirements: changesE+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,

[F165(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 [F166, 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 [F167or 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).

[F168(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

E2This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F166Words 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)

F167Words 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)

84Notification requirements: changesS

(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, F479. . .

(d)his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

[F480(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 [F481the 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).

[F482(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

E8This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

85Notification requirements: periodic notificationU.K.

F169(1)A relevant offender must, within [F170the 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).

F171(3)Where [F172the 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 [F173or 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.

[F174(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).]

[F175(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

F169Words 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)

F170Words 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)

F171Words 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)

F172Words 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)

F174S. 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)

[F17685ANotification requirements: absence from notified residenceN.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—

(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

86Notification requirements: travel outside the United KingdomU.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.

F177(4)F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

87Method of notification and related mattersE+W+N.I.

(1)A person gives a notification under section 83(1), 84(1) [F179or 85(1)] [F179, 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) [F180or 85(1)] [F180, 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.

F181(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

87Method of notification and related mattersS

(1)A person gives a notification under section 83(1), 84(1) or 85(1) by—

(a)attending at such police station F483... 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.

[F484(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.]

[F485(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.]

F486(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E9This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F484S. 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)

88Section 87: interpretationU.K.

(1)Subsections (2) to (4) apply for the purposes of section 87.

(2)“Photograph” includes any process by means of which an image may be produced.

[F182(2A)“Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.]

[F183(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)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, [F184sexual harm prevention order, interim sexual harm prevention order,] sexual offences prevention order or interim sexual offences prevention order [F185, 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)Subsection (3) applies as if Northern Ireland were a police area.

Textual Amendments

F185Words 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

[F186[F18788AReview of indefinite notification requirements: applicable personsS

(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

F186Ss. 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))

[F18888BReview of indefinite notification requirements: date of discharge and further date of dischargeS

(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

F186Ss. 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))

[F18988CReview of the indefinite notification requirements: procedure and groundsS

(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—

(8)In this section and sections 88D to 88G, “relevant chief constable” means the chief constable of the [F190Police Service of Scotland].]

Textual Amendments

F186Ss. 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))

[F19188DReview of indefinite notification requirement: transitional casesS

(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

F186Ss. 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))

[F19288EReview of indefinite notification requirements: further reviewS

(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

F186Ss. 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))

88FReview of the indefinite notification requirements: application to a sheriffS

(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

F186Ss. 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))

88GReview of indefinite notification requirements: appealsS

(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

F186Ss. 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))

88HReview of indefinite notification requirements: power to amend periodsS

Textual Amendments

F186Ss. 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))

88IDischarge from indefinite notification requirements: England, Wales and Northern IrelandS

(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

F186Ss. 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))

89Young offenders: parental directionsU.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 personCourt 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, [F193sexual harm prevention order, interim sexual harm prevention order,] sexual offences prevention order or interim sexual offences prevention order [F194, 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

(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, [F195the chief constable of the Police Service of Scotland] may, by summary application to any sheriff F196..., 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

90Parental directions: variations, renewals and dischargesU.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;

[F197(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

91Offences relating to notificationE+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)[F198, 85A(2) or (6)], 87(4) 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) [F199or 85(1)] [F199, 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) [F200or 85(1)] [F200, 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

E4This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

91Offences relating to notificationS

(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), [F48787(5A)][F488or (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.

[F489(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

E10This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

[F20191AReview of indefinite notification requirements: qualifying relevant offenderE.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 [F202a 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) [F203, 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

(c)a notification order made under section 97(5).

(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

F203Words 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

91BReview of indefinite notification requirements: application for review and qualifying datesE.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

91CReview of indefinite notification requirements: determination of application for reviewE.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

91DReview of indefinite notification requirements: factors applying to determination under section 91CE.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

91EReview of indefinite notification requirements: appealsE.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

91FReview of indefinite notification requirements: guidanceE.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

92Certificates for purposes of Part 2U.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[F204Abolished homosexual offences][F204Acts which are no longer offences]E+W+N.I.

Schedule 4 (procedure for ending notification requirements for [F205abolished homosexual offences] [F205acts which are no longer offences]) has effect.

Textual Amendments

F204S. 93 heading substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(2)(a), 15(1)

F205Words 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 verificationU.K.

94Part 2: supply of information to Secretary of State etc. for verificationU.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,

F206(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a Northern Ireland Department, or

(c)a person providing services to the Secretary of State F207... 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, [F208the chief constable of the Police Service of Scotland]),

[F209(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 F210... 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 [F211the data protection legislation].

(7)This section does not affect any power existing apart from this section to supply information.

(8)In this section—

Textual Amendments

F209S. 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)

95Part 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,

F214(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, [F215the chief constable of the Police Service of Scotland]),

[F216(b)the Serious Organised Crime Agency.]

(3)Such a report may contain any information held—

(a)by the Secretary of State F217... 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

Information about release or transferU.K.

96Information about release or transferU.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.

[F218(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)F219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F220Offences committed in a country outside the United KingdomN.I.

Textual Amendments

96AOffences committed in a country outside the United KingdomN.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.

96AAConvictions, etc. in a country which is not a member of the Council of EuropeN.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—

[F221Entry and examination of home addressS

Textual Amendments

96APolice powers of entry to and examination of relevant offender's home addressS

(1)A sheriff may, if satisfied on the application of a senior police officer F222... as to the matters mentioned in subsection (2), grant a warrant authorising any constable of the [F223Police 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 [F224Police 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—

Textual Amendments

Modifications etc. (not altering text)

[F227Entry and search of home addressE+W+N.I.

Textual Amendments

F227S. 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)

96BPower of entry and search of relevant offender's home addressE+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—

Notification ordersU.K.

[F22897Notification orders: applications and groundsU.K.

(1)A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for an order under this section (a “notification order”) in respect of a person (“the defendant”) if—

(a)it appears to him that the following three conditions are met with respect to the defendant, and

(b)the defendant resides in his police area or the chief officer believes that the defendant is in, or is intending to come to, his police area.

(2)The first condition is that under the law in force in a country outside the United Kingdom—

(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.

(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 court must make a notification order.

(6)In this section and section 98, “relevant offence” has the meaning given by section 99.]

Textual Amendments

[F22898Notification orders: effectU.K.

(1)Where a notification order is made—

(a)the application of this Part to the defendant 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 defendant 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 defendant;

(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 defendant 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

[F22899Sections 97 and 98: relevant offencesU.K.

(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 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.

(4)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 (3).]

Textual Amendments

[F228100Interim notification ordersU.K.

(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 the complaint containing the main application, 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 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 defendant is subject to the notification requirements of this Part;

(b)this Part applies to the defendant, 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 defendant may by complaint apply to the court that made the interim notification order for the order to be varied, renewed or discharged.]

Textual Amendments

[F228101Notification orders and interim notification orders: appealsU.K.

A defendant may appeal to the Crown Court against the making of a notification order or interim notification order.]

Textual Amendments

102Appeals in relation to notification orders and interim notification orders: ScotlandU.K.

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.

103Sections 97 to 100: ScotlandU.K.

(1)Sections 97 to 100 apply to Scotland with the following modifications—

(a)references to a chief officer of police and to his police area are to be read, respectively, as references to [F229the chief constable of the Police Service of Scotland and to Scotland];

(b)references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;

(c)an application for a notification order or interim notification order is made by summary application to any sheriff F230... (references to “the court” being construed accordingly).

(2)A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.

(3)The clerk of the court by which, by virtue of that subsection, a notification order or interim notification order is made, varied, renewed or discharged shall 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 sent to him 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).

Textual Amendments

[F231Sexual harm prevention orders (England and Wales)E+W

Textual Amendments

103ASexual harm prevention orders: applications and groundsE+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—

F232(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, and

(b)the court is satisfied that the defendant's behaviour since the appropriate date 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.

(4)A chief officer of police or the Director General of the National Crime Agency (“the Director General”) may by complaint to a magistrates' court apply for a sexual harm prevention order in respect of a person if it appears to the chief officer or the Director General 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.

(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).

(7)The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (4).

(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—

(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

103BSection 103A: supplementalE+W

(1)In section 103A—

(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.

103CSHPOs: effectE+W

(1)A sexual harm prevention order prohibits the defendant from doing anything described in the order.

(2)Subject to section 103D(1), a prohibition 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 have effect until further order and some for a fixed period;

(b)may specify different periods for different prohibitions.

(4)The only prohibitions 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.

(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), [F233 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

103DSHPOs: prohibitions on foreign travelE+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.

103ESHPOs: variations, renewals and dischargesE+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.

(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 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 as are necessary for this purpose.

(6)In subsection (5) “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.

(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.

103FInterim SHPOsE+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.

(3)The court may, if it considers it just to do so, make an interim sexual harm prevention 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 sexual harm prevention order for the order to be varied, renewed or discharged.

103GSHPOs and interim SHPOs: notification requirementsE+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.

(6)On an application for a sexual harm prevention order made by a chief officer of police, the court must make a notification order in respect of the defendant (either in addition to or instead of a sexual harm prevention order) if—

(a)the applicant invites the court to do so, and

(b)it is proved that the conditions in section 97(2) to (4) are met.

(7)On an application for an interim sexual harm prevention order made by a chief officer of police, the court may, if it considers it just to do so, make an interim notification order (either in addition to or instead of an interim sexual harm prevention order).

103HSHPOs and interim SHPOs: appealsE+W

(1)A defendant may appeal against the making of a sexual harm prevention order—

F234(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

103IOffence: breach of SHPO or interim SHPO etcE+W

(1)A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

(a)a sexual harm prevention order,

(b)an interim sexual harm prevention order,

(c)a sexual offences prevention order,

(d)an interim sexual offences prevention order, or

(e)a foreign travel order,

commits an offence.

(2)A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 103D(4).

(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.

103JSHPOs and interim SHPOs: guidanceE+W

(1)The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency 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.

103KSHPOs and interim SHPOs: supplementaryE+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.]

[F235Sexual offences prevention orders [F236(Scotland and Northern Ireland)]S+N.I.

Textual Amendments

104Sexual offences prevention orders: applications and groundsS+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).

105SOPOs: further provision as respects ScotlandS+N.I.

(1)[F237A chief constable] [F237The chief constable of the Police Service of Scotland] may apply for an order under this section in respect of a person who he believes is in, or is intending to come to, [F238the area of his police force] [F238Scotland] if it appears to the chief constable that—

(a)the person has been convicted of, found not guilty by reason of insanity of or found to be under a disability and to have done the act charged against him in respect of—

(i)an offence listed in paragraph 60 of Schedule 3; or

(ii)before the commencement of this Part, an offence in Scotland other than is mentioned in paragraphs 36 to 59 of that Schedule if the chief constable considers that had the conviction or finding been after such commencement it is likely that a determination such as is mentioned in paragraph 60 would have been made in relation to the offence; and

(b)the person has since the conviction or finding 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 by summary application to a sheriff

[F239(aa)within whose sheriffdom the person in respect of whom the order is sought resides;

(ab)within whose sheriffdom the person is believed by the applicant to be;

(ac)to whose sheriffdom the person is believed by the applicant to be intending to come;]

(b)[F240Within whose sheriffdom lies] any place where it is alleged that the person acted in a way mentioned in subsection (1)(b).

(3)The sheriff may make the order where satisfied—

(a)that the person’s behaviour since the conviction or finding makes it necessary to make such an order, for the purposes of protecting the public or any particular members of the public from serious sexual harm from the person; and

(b)where the application is by virtue of subsection (1)(a)(ii), that there was a significant sexual aspect to the person’s behaviour in committing the offence.

(4)Subsection (3) of section 106 applies for the purposes of this section as it applies for the purposes of section 104 and subsections (2) and (3) of section 112 apply in relation to a summary application made by virtue of subsection (1) as they apply in relation to one made by virtue of subsection [F241(1)(e)] of that section.

Textual Amendments

F239Words in s. 105(2) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(1)(a)(i), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F241Words in s. 105(4) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(1)(b), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

106Section 104: supplementalS+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).

[F242(13)Subsection (14) applies for the purposes of section 104 and this section [F243in 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

F242S. 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)

107SOPOs: effectS+N.I.

(1)A sexual offences prevention order—

(a)prohibits the defendant from doing anything described in the order [F244or 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 [F245or 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 [F246and 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.

[F247(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

108SOPOs: variations, renewals and dischargesS+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 [F248or 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 [F248or 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 F249... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in F249... 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

109Interim SOPOsS+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 [F250or 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)[F251Section [F252107(3)] [F252107(2)]] [F251Section 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 F253... 20(4)(a) of the Crime and Disorder Act 1998 (c. 37) (interim orders made in F253... 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

110[F254Appeals 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 [F255a county court].

(2)A defendant may appeal to [F256a 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 [F257a county court].

(4)On an appeal under subsection (1)(c), (2) or (3)(b), [F258the 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.

[F259(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

111Appeals in relation to SOPOs and interim SOPOs: ScotlandS+N.I.

In Scotland—

(a)an interlocutor granting, F260. . . a sexual offences prevention order [F261on an application under section 104(5) or 105(1)] or interim sexual offences prevention order [F262or refusing, varying, renewing or discharging either such order] is an appealable interlocutor; F263. . .

(b)where an appeal is taken against an interlocutor so granting, varying or renewing 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.

[F264(c)a sexual offences prevention order made in any other case and any order granting or refusing a variation, renewal or discharge of such a sexual offences prevention order are, for the purposes of appeal, to be regarded—

(i)in the case of solemn proceedings, as if they were orders of the kind referred to in [F265section 106(1)(dza) of the Criminal Procedure (Scotland) Act 1995 (c.46) (appeal against community payback order)];

(ii)in the case of summary proceedings, as if they were orders of the kind referred to in [F266section 175(2)(cza) of that Act (appeal against community payback order)]; and

(d)where an appeal is taken by virtue of paragraph (c) above, the [F267court hearing the appeal] may, in the appeal proceedings, suspend the order appealed against pending the disposal of the appeal.]

Textual Amendments

[F268111ASOPO and interim SOPO requirements: ScotlandS

(1)This section applies in relation to a sexual offences prevention order or an interim sexual offences prevention order made, or to be made, by a court in Scotland.

(2)Such an order, in addition to or instead of prohibiting the defendant from doing anything described in the order, may require the defendant to do anything described in the order.

(3)Accordingly, in relation to such an order—

(a)the references in sections 107(2) and 108(5) to a prohibition include a reference to a requirement, and

(b)the reference in section 113(1) to a person's doing anything which he is prohibited from doing includes a reference to his failing to do anything which he is required to do.]

Textual Amendments

112Sections 104 and 106 to 109: ScotlandS+N.I.

(1)Sections 104 and 106 to 109 apply to Scotland with the following modifications—

F269[F270(aa)the references in subsection (2) and (3)(a) of section 104 to an offence listed in Schedule 3 or 5 shall be read as references to an offence listed at paragraphs 36 to 60 of Schedule 3;]

(b)an application under subsection (5) of section 104 shall not be competent in respect of a person who is a qualifying offender by virtue only of a conviction or finding which relates to any offence listed at paragraphs 64 to 111 of Schedule 5;

(c)references to a chief officer of police and to his police area are to be read, respectively, as references to [F271the chief constable of the Police Service of Scotland and to Scotland];

(d)references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;

[F272(da)a court may make an order under section 104(1)—

(i)at its own instance, or

(ii)on the motion of the prosecutor;]

(e)an application for a sexual offences prevention order F273. . . is made by summary application to any sheriff

[F274(ia)within whose sheriffdom the person in respect of whom the order is sought resides;

(ib)within whose sheriffdom that person is believed by the applicant to be;

(ic)to whose sheriffdom that person is believed by the applicant to be intending to come;]

(ii)[F275within whose sheriffdom lies] any place where it is alleged that [F276that person] acted in a way mentioned in subsection (5)(b) of section 104,

([F277and, in relation to such an order, references to a court or the court shall be] construed accordingly);

[F278(ea)an application for an interim sexual offences prevention order—

(i)is made by way of the main application; or

(ii)if the main application has been made, is made, by application to a sheriff for the sheriffdom of the sheriff to whom the main application was made, by the person who made that application,

(and, in relation to such an order, references to a court or the court shall be construed accordingly),]

(f)an application for the variation, renewal or discharge of [F279a sexual offences prevention order which was made on an application under section 104(5) or 105(1) or an interim sexual offences prevention order] is made by summary application to the sheriff who made the order or to a sheriff—

(i)within whose sheriffdom the person subject to the order resides; F280. . .

[F281(iia)within whose sheriffdom that person is believed by the applicant to be; or

(iib)to whose sheriffdom that person is believed by the applicant to be intending to come,]

([F282and, in relation to an application made by virtue of this paragraph, references to a court or the court shall be] construed accordingly).

[F283(g)an application for the variation, renewal or discharge of a sexual offences prevention order which was made where subsection (2) or (3) of section 104 applies may be made only by the person in respect of whom the order has effect or the prosecutor;

(h)such an application is made—

(i)where the sexual offences prevention order sought to be varied, renewed or discharged was made by the High Court of Justiciary, to that court;

(ii)where that order was made by the sheriff, to the appropriate sheriff.]

[F284(1A)In subsection (1)(h)(ii), the “appropriate sheriff” is—

(a)in a case where the person in respect of whom the order has effect is, at the time of the application for its variation, renewal or discharge, resident in a sheriffdom other than the sheriffdom of the sheriff who made the order, any sheriff exercising criminal jurisdiction in the sheriffdom in which the person is resident;

(b)in any other case, any sheriff exercising criminal jurisdiction in the sheriff court district of the sheriff who made the order.]

(2)A record of evidence shall be kept on any summary application made by virtue of subsection (1)(e) or (f) above.

(3)The clerk of the court by which, by virtue of that subsection, a sexual offences prevention order or interim sexual offences prevention order is made, varied, renewed or discharged shall 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 sent to him 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).

Textual Amendments

F270S. 112(1)(aa) inserted (7.10.2005) in place of s. 112(1)(a) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(b), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F273Words in s. 112(1)(e) omitted (7.10.2005) by virtue of Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(i), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F274Words in s. 112(1)(e) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(ii), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F275Words in s. 112(1)(e)(ii) inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(iii), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F276Words in s. 112(1)(e)(ii) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(iv), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F277Words in s. 112(1)(e) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(c)(v), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F279Words in s. 112(1)(f) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(e)(i), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F281S. 112(1)(f)(iia)(iib) substituted (7.10.2005) for s. 112(1)(f)(ii) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(4)(e)(iii), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

113Offence: breach of SOPO or interim SOPO [F285etc] 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 F286... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made F286... 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).

[F287(1ZA)A person commits an offence if, without reasonable excuse, he contravenes a prohibition imposed by—

(a)a sexual harm prevention order, [F288or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)] or

(b)an interim sexual harm prevention order,

other than a prohibition on foreign travel.]

[F289(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 [F290community payback order].

Textual Amendments

Foreign travel orders [F291(Scotland and Northern Ireland)]S+N.I.

Textual Amendments

114Foreign travel orders: applications and groundsS+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.

115Section 114: interpretationS+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 [F292under 18] generally or any particular person [F292under 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)F293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F292Words 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.

F293S. 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)

116Section 114: qualifying offendersN.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 [F294or 92S] of that Schedule, if the intended offence was an offence against a person [F295under 18];

(c)an offence within paragraph 93 [F296or 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 [F295under 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 [F295under 18] at the time of the offence.

(d)an offence within any other paragraph of that Schedule, if the victim of the offence was [F295under 18] at the time of the offence.

[F297(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

E5This version of this provision extends to Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F294Words 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)

F295Words 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)

F296Words 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

F297S. 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

116Section 114: qualifying offendersS

(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 of that Schedule, if the intended offence was an offence against a person under 16;

(c)an offence within paragraph 93 [F296or 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 under 16; 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 under 16 at the time of the offence.

(d)an offence within any other paragraph of that Schedule, if the victim of the offence was under [F49018] at the time of the offence.

[F297(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

E11This version of this provision extends to Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F296Words 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

F297S. 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

117Foreign travel orders: effectS+N.I.

(1)A foreign travel order has effect for a fixed period of not more than [F2985 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

F298Words 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.

[F299117A[F300Surrender 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 [F301in 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) [F302(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

F299S. 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)

[F303117BSurrender of passports: ScotlandS

(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 person in respect of whom the order has effect to surrender all of the person's passports, at a police station in Scotland 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) [F304(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 (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.]

Textual Amendments

118Foreign travel orders: variations, renewals and dischargesS+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.

119[F305Appeals in relation to foreign travel orders: Northern Ireland]N.I.

(1)A defendant may appeal to [F306a 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, [F307the 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.

[F308(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

120Appeals in relation to foreign travel orders: ScotlandS

In Scotland—

(a)an interlocutor granting, refusing, varying, renewing or discharging a foreign travel order is an appealable interlocutor; and

(b)where an appeal is taken against an interlocutor so granting, varying or renewing 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.

121Sections 114 to 118: ScotlandS

(1)Sections 114 to 118 apply to Scotland with the following modifications—

(a)references to a chief officer of police and to his police area are to be read, respectively, as references to [F309the chief constable of the Police Service of Scotland and to Scotland];

(b)references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;

(c)an application for a foreign travel order is made by summary application to any sheriff within whose sheriffdom lies any part of the area of the applicant’s police force (references to “the court” being construed accordingly);

(d)for paragraphs (a) to (c) of section 118(5) there is substituted—

“(a)the sheriff who made the foreign travel order; or

(b)where the application is made by a chief constable, a sheriff whose sheriffdom includes any part of the area of the applicant’s police force.”

(2)A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.

(3)The clerk of the court by which, by virtue of that subsection, a foreign travel order is made, varied, renewed or discharged shall 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 sent to him 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).

Textual Amendments

122Offence: breach of foreign travel order [F310etc] S+N.I.

(1)A person commits an offence if, without reasonable [F311excuse—

(a)he] does anything which he is prohibited from doing by a foreign travel order[F312, or

(b)he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order.]

[F313(1A)A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).]

[F314(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: F315... 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 [F316community payback order]).]

Textual Amendments

F313S. 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)

Modifications etc. (not altering text)

[F317Sexual risk orders (England and Wales)E+W

Textual Amendments

122ASexual risk orders: applications, grounds and effectE+W

(1)A chief officer of police or the Director General of the National Crime Agency (“the Director General”) 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 chief officer or the Director General that the following condition is met.

(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.

(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).

(5)The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (1).

(6)On an application under subsection (1), the court may make a sexual risk order if it is satisfied 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 it is necessary to make such an order 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.

(7)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.

(8)A sexual risk order may specify different periods for different prohibitions.

(9)The only prohibitions 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.

(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.

122BSection 122A: interpretationE+W

(1)In section 122A—

(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 Director General of the National Crime Agency—

(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.

122CSexual risk orders: prohibitions on foreign travelE+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.

122DSexual risk order: variations, renewals and dischargesE+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;

(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 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 risk 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—

(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 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—

(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.

122EInterim sexual risk ordersE+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.

(3)The court may, if it considers it just to do so, make an interim sexual risk 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 sexual risk order for the order to be varied, renewed or discharged.

122FSexual risk orders and interim sexual risk orders: notification requirementsU.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).

122GSexual risk orders and interim sexual risk orders: appealsE+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).

122HOffence: breach of sexual risk order or interim sexual risk order etcE+W

(1)A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

(a)a sexual risk order,

(b)an interim sexual risk order,

(c)a risk of sexual harm order,

(d)an interim risk of sexual harm order,

(e)an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or

(f)an order under section 5 of that Act (interim risk of sexual harm orders in Scotland),

commits an offence.

(2)A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 122C(4).

(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.

122IEffect of conviction etc of an offence under section 122H etcE+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;

(b)an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of risk of sexual harm order or interim risk of sexual harm order in Scotland).

(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 or caution within subsection (1) 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 or caution within subsection (1) 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.

(7)In subsection (6) “risk of sexual harm order” and “interim risk of sexual harm order” include orders under sections 2 and 5 (respectively) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.

122JSexual risk orders and interim sexual risk orders: guidanceE+W

(1)The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency 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.

122KSexual risk orders and interim sexual risk orders: supplementaryE+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.]

[F318Risk of sexual harm orders [F319(Northern Ireland)]N.I.

Textual Amendments

123Risk of sexual harm orders: applications, grounds and effectN.I.

(1)[F320The Chief Constable of the Police Service of Northern Ireland] may by complaint to [F321a 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 [F322Northern Ireland] or who [F323the Chief Constable] believes is in, or is intending to come to, [F322Northern Ireland] if it appears to [F323the 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.

F324(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

124Section 123: interpretationN.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.

F325(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

125RSHOs: variations, renewals and dischargesN.I.

(1)A person within subsection (2) may by complaint to [F326the appropriate court] [F326 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;

[F327(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[F328, 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 [F329the Chief Constable of the Police Service of Northern Ireland].

(6)Section 124(2) applies for the purposes of this section.

[F330(7)In this section “the appropriate court” means—

(a)the court which made the risk of sexual harm order;

[F331(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

126Interim RSHOsN.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 [F332the 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

127RSHOs and interim RSHOs: appealsN.I.

(1)A defendant may appeal to [F333a 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, [F334the 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.

[F335(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

128Offence: breach of RSHO or interim RSHO [F336etc] N.I.

[F337(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,

(c)a sexual risk order,

(d)an interim sexual risk order,

(e)an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or

(f)an order under section 5 of that Act (interim risk of sexual harm orders in Scotland),

commits an offence.]

(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

129Effect of conviction etc. of an offence under section 128 [F338etc] N.I.

(1)This section applies to a person (“the defendant”) who—

(a)is convicted of an offence [F339mentioned 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.

[F340(1A)Those offences are—

(a)an offence under section [F341122H or] 128 of this Act;

(b)an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of RSHO or interim RSHO in Scotland).]

(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.

[F342(5)In this section “relevant order” means—

(a)where the conviction, finding or caution within subsection (1) 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 or caution within subsection (1) 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.

(6)In subsection (5)—

Textual Amendments

F339Words in s. 129(1)(a) substituted (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 56(3), 66(2)

F340S. 129(1A) inserted (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 56(3), 66(2)

Power to amend Schedules 3 and 5U.K.

130Power to amend Schedules 3 and 5U.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.

GeneralU.K.

131Young offenders: applicationU.K.

This Part applies to—

(a)a period of detention which a person is liable to serve under a detention and training order [F343(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), [F344section 250 [F345, 252A] or 259 of the Sentencing Code,] [F346section 209 or 218 of the Armed Forces Act 2006,] section [F347205ZC(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) [F348or 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),

[F349(k)a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 [F350(including one passed as a result of section 221 of the Armed Forces Act 2006)],

(l)an extended sentence under section [F351226B or] 228 of [F352the Criminal Justice Act 2003 [F353or section 254 of the Sentencing Code] (including one passed as a result of section [F354221A or] 222 of the Armed Forces Act 2006)],]

[F355(m)a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008,]

[F356(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

F343Words 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

F344Words 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

F346Words 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

F348Words 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

F350Words 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

F352Words 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

F353Words 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

132Offences with thresholdsU.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.

[F357132ADisapplication of time limit for complaintsE+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

F357S. 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)

133Part 2: general interpretationU.K.

(1)In this Part—

[F391(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,

[F392(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.

[F393(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

F359In 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)

F360S. 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

F361S. 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)

F362S. 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))

F363S. 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)

F364S. 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)

F365S. 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))

F367S. 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)

F368S. 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))

F370In 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)

F371S. 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

F372S. 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)

F373S. 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))

F375S. 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)

F376S. 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)

F377S. 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))

F378S. 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

F379Words 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

F380Words 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

F381S. 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

F382S. 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)

F383S. 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)

F384S. 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))

F385S. 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)

F386In 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)

F388S. 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

F390S. 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

F392S. 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

Modifications etc. (not altering text)

C8S. 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)

134Conditional discharges and probation ordersU.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 F394. . . is made—

(a)[F395section 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 F396. . . absolute discharge deemed not to be a conviction);

[F397(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

F395Words 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

F397S. 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

135Interpretation: mentally disordered offendersU.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)).

[F398(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)F399. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F398S. 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.

F399S. 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)

136Part 2: Northern IrelandU.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.

[F400(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)[F401Subject to subsection (6)], references to a magistrates' court [F402 or to a magistrates court for a particular area ] are to be read as references to a court of summary jurisdiction.

[F403(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.]

[F403(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.]

[F404(7A)References to a justice of the peace are to be read as references to a lay magistrate.]

[F405(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.

[F406(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

F400S. 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)

F404S. 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)

[F407136ZAApplication of orders throughout the United KingdomU.K.

(1)In this section “relevant order” means—

(a)a sexual harm prevention order [F408 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;

(j)an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland);

(k)an order under section 5 of that Act (interim risk of sexual harm orders in Scotland).

(2)For the purposes of sections 103I, 113, 122, 122H and 128, prohibitions 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

F408Words 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

136ZBOrder ceases to have effect when new order madeU.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 orderEarlier order
Sexual harm prevention order

— sexual offences prevention order;

— foreign travel order.

Sexual risk order

— risk of sexual harm order;

— foreign travel order.

(2)Where a court in Northern Ireland or 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) unless the court orders otherwise.

New orderEarlier 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.

Foreign travel order

— prohibition on foreign travel contained in a sexual harm prevention order.

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.

[F409(2A)References in subsection (2) 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;

(b)“risk of sexual harm order” includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.

Textual Amendments

136ZCVariation of sexual harm prevention order by court in Northern IrelandU.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 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 subsections (5) and (6), 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 the sexual harm prevention order that the court considers appropriate.

(5)An order may be varied so as to impose additional prohibitions on the defendant 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 varied under this section may contain only such prohibitions 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.

(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—

Textual Amendments

136ZDVariation of sexual risk order by court in Northern IrelandU.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 the sexual risk order.

(3)Subject to subsections (4) and (5), 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 the sexual risk order that the court considers appropriate.

(4)An order may be varied so as to impose additional prohibitions on the defendant 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 varied under this section may contain only such prohibitions 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.

(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—

Textual Amendments

[F410Part 2AE+W+N.I.Closure orders

Textual Amendments

F410Pt. 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 definitionsE+W+N.I.

136AMeaning 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 F411... Article 37 of the Sexual Offences (Northern Ireland) Order 2008 (“the Northern Ireland Order”);

[F412(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 [F413Article 38 of the Northern Ireland Order] committed by causing or inciting a child to become a prostitute;

[F414(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 [F415Article 39 of the Northern Ireland Order] committed by controlling the activities of a child relating to the child's prostitution;

[F416(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 [F417Article 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—

[F418(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 [F419Article 38 of the Northern Ireland Order] committed by causing or inciting a child to be involved in pornography;

[F420(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 [F421Article 39 of the Northern Ireland Order] committed by controlling the activities of a child relating to the child's involvement in pornography;

[F422(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 [F423Article 40 of the Northern Ireland Order] committed by arranging or facilitating a child's involvement in pornography.

[F424(3A)The specified child sex offences are—

(a)an offence under any of the following sections of this Act—

(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—

[F425(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 F426... Article 37 of the Northern Ireland Order, at any time when the sexual services mentioned in F427... 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.

[F428(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

Closure noticesE+W+N.I.

136BPower to authorise issue of closure [F429notice: 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

[F430136BAPower to authorise issue of closure notice: child sex offences in England and WalesE+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

136CContents and service of closure noticeE+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 [F431or 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) [F432or 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

Closure ordersE+W+N.I.

136DPower to make a closure orderE+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 [F433at 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.

[F434(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 [F435subsections (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 [F436prostitution, 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) [F437or 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 [F438prostitution, pornography or child sex offences] that the court is satisfied has been committed.

Textual Amendments

136EMaking of closure orders: supplementary provisionE+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.

EnforcementE+W+N.I.

136FClosure order: enforcementE+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.

136GClosure of premises: offencesE+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 ordersE+W+N.I.

136HApplications for extension of closure orderE+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 [F439prostitution, 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

136IOrders extending closure ordersE+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 [F440prostitution, 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

136JDischarge of closure orderE+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 [F441prostitution, 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

Appeals against closure orders etc.E+W+N.I.

136KAppealsE+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 premisesE+W+N.I.

136LAccess to other premisesE+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.

136MReimbursement of costsE+W+N.I.

(1)A [F442local 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 [F442local 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 [F442local policing body] , and

(c)the owner of the premises.

(5)In the application of this section to Northern Ireland references to the [F442local policing body] are to be read as references to the Northern Ireland Policing Board.

Textual Amendments

136NExemption from liability for certain damagesE+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.

136OCompensationE+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 [F443or 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

GeneralE+W+N.I.

136PGuidanceE+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.

136QIssue of closure notices by persons other than police officersE+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.

136RInterpretationE+W+N.I.

(1)This section applies for the purposes of this Part.

(2)“A closure notice” means a notice issued under section 136B [F444or 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.

[F445(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).

[F446(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

Part 3 U.K.General

137Service courtsE+W

(1)In this Act [F447and 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 [F448an 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 [F449103A(1) [F450of this Act, and section 345 of the Sentencing Code,]] “court” includes a service court.

[F451(3)Where the court making a sexual harm prevention order is a service court—

(a)sections 103A(3) to (9), 103F and 103J [F452of this Act, and sections 355 to 357 of the Sentencing Code,] do not apply;

(b)sections 103A(1) and (2), 103B to 103E and 103G to 103I [F453of this Act, and sections 343 to 354 and 358 of the Sentencing Code,] apply—

(i)subject to paragraphs (c) and (d), and

(ii)as if they extended to the whole of the United Kingdom;

(c)in relation to an application under section 103E [F454of 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 Provost Martial, and must be made to the Court Martial;

(ii)consent under section 103E(7) [F455of this Act, or section 350(7) of the Sentencing Code,] must be the consent of the defendant and a Provost Martial;

(iii)an appeal against the making of an order under section 103E [F456of 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 [F457of 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 [F458of 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 [F459section—

[F463(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.]

[F464(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

F447Words 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

F448Words 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

F450Words 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

F452Words in s. 137(3)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 215(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F453Words in s. 137(3)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 215(5) (with Sch. 27); S.I. 2020/1236, reg. 2

F454Words 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

F455Words 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

F456Words 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

F457Words 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

F458Words 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

F460Words in s. 137(4) inserted (1.5.2022 for specified purposes) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 23; S.I. 2022/471, reg. 2(e)

F461Words 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

F463S. 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

Modifications etc. (not altering text)

C13S. 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)

138Orders and regulationsE+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, [F465any of sections 83 to 86 [F466, 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.

[F467(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.]

[F468(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

E6This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F466Words 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)

138Orders and regulationsS

(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, [F49183, 84,][F49285,] 86 [F493F494, 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.

[F495(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

E12This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northen Ireland only

Textual Amendments

F493Word 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))

139Minor and consequential amendmentsE+W

Schedule 6 contains minor and consequential amendments.

140Repeals and revocationsE+W

The provisions listed in Schedule 7 are repealed or revoked to the extent specified.

141CommencementU.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

P1S. 141 power fully exercised: 1.5.2004 appointed by {S.I. 2004/874}, art. 2; {S.S.I. 2004/138}, art. 2

142Extent, 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—

[F469(a)sections 46 and F470...,]

(b)[F471Schedule 2,]

[F472(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.

[F473(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—

[F474(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.

[F475(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)[F476Section 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

F472S. 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)

143Short titleU.K.

This Act may be cited as the Sexual Offences Act 2003.