Part 2U.K.Notification and orders

GeneralU.K.

[F1136ZCVariation 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—

  • “the appropriate court” means—

    (a)

    where the sexual harm prevention order was made by—

    (i)

    the Crown Court, otherwise than on appeal from a magistrates' court, or

    (ii)

    the Court of Appeal,

    the Crown Court (in Northern Ireland);

    (b)

    where—

    (i)

    the sexual harm prevention order was made by a magistrates' court, or by the Crown Court on appeal from a magistrates' court, and

    (ii)

    the defendant is aged 18 or over,

    any court of summary jurisdiction in Northern Ireland;

    (c)

    where—

    (i)

    the defendant is aged under 18, and

    (ii)

    paragraph (a) does not apply,

    any youth court in Northern Ireland;

  • “the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

  • “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).]

Textual Amendments