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Change 1
As published
50 Power to make CCE prevention order
(1) This section applies if—
(a) an application for a CCE prevention order in respect of a person is made to a magistrates’ court, in accordance with section 52,
(b) a person is acquitted of any offence, by or before a court,
(c) the Crown Court allows a person’s appeal against a conviction for any offence, or
(d) the court deals with a person in respect of a finding that—
(i) the person is not guilty of any offence by reason of insanity, or
(ii) the person is under a disability and has done the act charged against them in respect of any offence.
(2) The court may make an order under section 51 (a “CCE prevention order”) in respect of the person (“the defendant”) if they are aged 18 or over and the conditions in subsections (3) to (5) are met.
(3) The first condition is that—
(a) in any case, the court is satisfied on the balance of probabilities that the defendant has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or
(b) in a case within subsection (1)(d), the offence in question is an offence under section 48.
(4) The second condition is that the court considers that there is a risk that the defendant will engage in child criminal exploitation.
(5) The third condition is that the court considers that it is necessary to make the order to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.
(6) In subsection (3)—
(a) in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this section comes into force;
(b) paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.
(7) In this section and sections 51 to 60—
(a) a reference to a person “engaging in child criminal exploitation” is to the person—
(i) doing anything that constitutes an offence under section 48 (as it has effect in England and Wales), or
(ii) doing anything in Scotland or Northern Ireland that would constitute an offence under section 48 (as it has effect in England and Wales) if done in England and Wales;
(b) a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).
Your change, as a redline
50 Power to make CCE prevention order
(1) This section applies if—
(a) an application for a CCE prevention order in respect of a person is made to a magistrates’ court, in accordance with section 52,
(b) a person is acquitted of any offence, by or before a court,
(c) the Crown Court allows a person’s appeal against a conviction for any offence, or
(d) the court deals with a person in respect of a finding that—
(i) the person is not guilty of any offence by reason of insanity, or
(ii) the person is under a disability and has done the act charged against them in respect of any offence.
(2) The court may make an order under section 51 (a “CCE prevention order”) in respect of the person (“the defendant”) if they are aged 18 or over and the conditions in subsections (3) to (5) are met.
(3) The first condition is that—
(a) in any case, the court is satisfied on the balance of probabilities that the defendant has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or
(b) in a case within subsection (1)(d), the offence in question is an offence under section 48.
(4) The second condition is that the court considers that there is a risk that the defendant will engage in child criminal exploitation.
(5) The third condition is that the court considers that it is necessary to make the order to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.
(6) In subsection (3)—
(a) in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this section comes into force;
(b) paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.
(7) In this section and sections 51 to 60—
(a) a reference to a person “engaging in child criminal exploitation” is to the person—
(i) doing anything that constitutes an offence under section 48 (as it has effect in England and Wales), or
(ii) doing anything in Scotland or Northern Ireland that would constitute an offence under section 48 (as it has effect in England and Wales) if done in England and Wales;
(b) a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).
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