SCHEDULES

SCHEDULE 5 E+W Amendments of Parts 2 and 3 of the Sexual Offences Act 2003

Application etc of orders E+W

6 E+W After section 136 there is inserted—

“136ZA Application of orders throughout the United Kingdom

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

(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;

(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.

136ZB Order ceases to have effect when new order made

(1) Where a court in England and Wales makes an order listed in the first column of the following Table in relation to a person who is already subject to an order listed opposite it in the second column, the earlier order ceases to have effect (whichever part of the United Kingdom it was made in) unless the court orders otherwise.

New order	Earlier order
Sexual harm prevention order	— sexual offences prevention order; — foreign travel order.
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 order	Earlier order or prohibition
Sexual offences prevention order	— sexual harm prevention order not containing a prohibition on foreign travel; — in the case of a sexual harm prevention order containing a prohibition on foreign travel, each of its other prohibitions.
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.

(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.

136ZC Variation of sexual harm prevention order by court in Northern Ireland

(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).

136ZD Variation of sexual risk order by court in Northern Ireland

(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—

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, any court of summary jurisdiction in Northern Ireland;

  (b)

  where the defendant is aged under 18, any youth court in Northern Ireland;

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

• “harm”, “child” and “vulnerable adult” each has the meaning given in section 122B(1).”

Commencement Information

I1 Sch. 5 para. 6 in force at 8.3.2015 by S.I. 2015/373, art. 2(e)