(1) A defendant may appeal to a 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, 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.
(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).
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
commits an offence.
(1A) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or
(b) fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,
commits an offence.
(1B) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a relevant Scottish order, or
(b) fails to do something that the person is required to do by a relevant Scottish order,
commits an offence.
(1C) In subsection (1B) “relevant Scottish order” means—
(a) a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or
(b) an interim sexual risk order made under section 31 of that Act.
(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.
129 Effect of conviction etc. of an offence under section 128 etc
(1) This section applies to a person (“the defendant”) who—
(a) is convicted of an offence mentioned 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.
(1A) Those offences are—
(a) an offence under section 122H or 128 of this Act;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) This section also applies to a person (“the defendant”) who—
(a) is convicted of an offence mentioned in subsection (1C),
(b) is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or
(c) is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence.
(1C) Those offences are—
(a) an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland);
(b) an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.
(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.
(5) In this section “relevant order” means—
(a) where the conviction, finding , caution or acquittal within subsection (1) or (1B) 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 , caution or acquittal within subsection (1) or (1B) 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.
(5A) In subsection (5) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
This Part applies to—
(a) a period of detention which a person is liable to serve under a detention and training order (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), section 250 , 252A or 259 of the Sentencing Code, section 209 or 218 of the Armed Forces Act 2006, section 205ZC(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) or 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),
(k) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006),
(l) an extended sentence under section 226B or 228 of the Criminal Justice Act 2003 or section 254 of the Sentencing Code (including one passed as a result of section 221A or 222 of the Armed Forces Act 2006),
(m) a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008,
(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.
(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.
(1) In this Part—
“admitted to a hospital” means admitted to a hospital under—
section 37 of the Mental Health Act 1983 (c. 20), section 57(2)(a) or 57A(2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 or 50A(2) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25); or
section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;
“applicable date” has the meaning given by section 88D(5)
“cautioned” means—
cautioned (or, in Northern Ireland, cautioned by a police officer) after the person concerned has admitted the offence, ...
...
and “caution” is to be interpreted accordingly;
“community order” means—
a community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (as that Act had effect before the passing of the Criminal Justice Act 2003);
a community payback order made under the Criminal Procedure (Scotland) Act 1995 (c.46);
a community order within the meaning of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)), a probation order under section 1 of the Probation Act (Northern Ireland) 1950 (c. 7 (N.I.)) or a community service order under Article 7 of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 40)); or
a community supervision order;
“community supervision order” means an order under paragraph 4 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;
“country” includes territory;
“date of discharge” has the meaning given by section 88B(1)
“detained in a hospital” means detained in a hospital under—
Part 3 of the Mental Health Act 1983, section 136 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13), Part 6 of the Criminal Procedure (Scotland) Act 1995 or Part III of the Mental Health (Northern Ireland) Order 1986;
Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; or
section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;
“further date of discharge” has the meaning given by section 88B(3)
“guardianship order” means a guardianship order under section 37 of the Mental Health Act 1983 (c. 20), section 58 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
“home address” has the meaning given by section 83(7);
“interim notification order” has the meaning given by section 100(2);
“interim risk of sexual harm order” has the meaning given by section 126(2);
“interim sexual harm prevention order” has the meaning given by section 103F(2);
“interim sexual offences prevention order” has the meaning given by section 109(2);
“interim sexual risk order” has the meaning given by section 122E(2);
“kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));
“local police area” has the meaning given by section 88(3);
“local probation board” has the same meaning as in the Criminal Justice and Court Services Act 2000 (c. 43);
“notification continuation order” has the meaning given by section 88C(2)
“notification order” has the meaning given by section 97(1);
“notification period” has the meaning given by section 80(1);
“order for conditional discharge” means an order under any of the following provisions discharging the offender conditionally—
section 80 of the Sentencing Code;
Article 4 of the Criminal Justice (Northern Ireland) Order 1996;
section 185 of the Armed Forces Act 2006;
paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;
“parental responsibility” has the same meaning as in the Children Act 1989 (c. 41) or the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)), and “parental responsibilities” has the same meaning as in Part 1 of the Children (Scotland) Act 1995 (c. 36);
“the period of conditional discharge” has the meaning given by each of the following—
section 80(1) of the Sentencing Code;
Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996;
section 185(2) of the Armed Forces Act 2006;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“prohibition on foreign travel” has the meaning given by section 103D(2) or 122C(2);
“relevant date” has the meaning given by section 82(6) (save in the circumstances mentioned in sections 88B, , 96ZC, 98, 96A(6) , 100, 107, 109 and 129);
“relevant offender” has the meaning given by section 80(2);
“restriction order” means—
an order under section 41 of the Mental Health Act 1983, section 57(2)(b) or 59 of the Criminal Procedure (Scotland) Act 1995 or Article 47(1) of the Mental Health (Northern Ireland) Order 1986;
a direction under paragraph 2(1)(b) of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) or Article 50A(3)(b) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)); or
a direction under section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;
“risk of sexual harm order” has the meaning given by section 123(1);
“service detention” has the meaning given by section 374 of the Armed Forces Act 2006;
“sexual harm prevention order” has the meaning given by section 103A(1);
“sexual offences prevention order” has the meaning given by section 106(1);
“sexual risk order” has the meaning given by section 122A(1);
“specified”, in relation to an offender supervision requirement, means specified in the requirement.
“supervision” means supervision in pursuance of an order made for the purpose or, in the case of a person released from prison on licence, in pursuance of a condition contained in his licence;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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,
(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.
(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).
(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 . . . is made—
(a) section 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 . . . absolute discharge deemed not to be a conviction);
(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.
(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)).
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(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) Subject to subsection (6), references to a magistrates' court or to a magistrates court for a particular area are to be read as references to a court of summary jurisdiction.
(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.
(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.
(7A) References to a justice of the peace are to be read as references to a lay magistrate.
(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.
(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.
136ZA Application of orders throughout the United Kingdom
(1) In this section “relevant order” means—
(a) a sexual harm prevention order 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;
(ia) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22);
(ib) an interim sexual harm prevention order made under section 21 of that Act;
(ic) a sexual risk order made under section 27 of that Act;
(id) an interim sexual risk order made under section 31 of that Act.
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For the purposes of sections 103I, 113, 122, 122H and 128, prohibitions or requirements 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 harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).
Sexual risk order | — risk of sexual harm order; — foreign travel order. sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
(2) Where a court in Northern Ireland ... 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 or Scotland) 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. sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel; in the case of a sexual harm prevention order made under section 11 or 12 of that Act 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. prohibition on foreign travel contained in a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
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. sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel; in the case of a sexual risk order made under section 27 of that Act containing a prohibition on foreign travel, each of its other prohibitions.
(2ZA) Where a court in 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 or Northern Ireland) unless the court orders otherwise.
New order | Earlier order or prohibition
Sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 | sexual harm prevention order; sexual offences prevention order; foreign travel order.
Sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 | sexual risk order; risk of sexual harm order; foreign travel order.
(2A) References in subsection (2) or subsection (2ZA) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
136ZC Variation , renewal or discharge 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 , renewing or discharging 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 (4A) to (6B), 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 , renewing or discharging the sexual harm prevention order that the court considers appropriate.
(4A) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Northern Ireland, and
(b) whether—
(i) in the case of a sexual harm prevention order made by a court in England and Wales, the defendant is likely to return to, or to visit, England and Wales, or
(ii) in the case of a sexual harm prevention order made by a court in Scotland, the defendant is likely to return to, or to visit, Scotland.
(5) An order may be renewed, or varied so as to impose additional prohibitions or requirements 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 renewed or varied under this section may contain only such prohibitions and requirements 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.
(6A) The court must not discharge a sexual harm prevention order made by a court in England and Wales before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable.
(6B) The court must not discharge a sexual harm prevention order made by a court in Scotland, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer 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—
where the sexual harm prevention order was made—
in England and Wales, by the Crown Court, otherwise than on appeal from a magistrates’ court, or by the Court of Appeal, or
in Scotland, by the High Court of Justiciary otherwise than on appeal,
the Crown Court (in Northern Ireland);
where the defendant is aged 18 or over and the sexual harm prevention order was made—
in England and Wales, by a magistrates’ court or by the Crown Court on appeal from a magistrates’ court, or
in Scotland, by the High Court of Justiciary on appeal, by the Court of Session, by the Sheriff Appeal Court or by a sheriff,
any court of summary jurisdiction in Northern Ireland;
where—
the defendant is aged under 18, and
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;
“the defendant”, in relation to a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), means the person against whom the order has effect;
“sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
“sexual harm prevention order” includes a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
136ZD Variation , renewal or discharge 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 , renewing or discharging the sexual risk order.
(3) Subject to subsections (3A) to (5B), 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 , renewing or discharging the sexual risk order that the court considers appropriate.
(3A) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Northern Ireland, and
(b) whether—
(i) in the case of a sexual risk order made by a court in England and Wales, the defendant is likely to return to, or to visit, England and Wales, or
(ii) in the case of a sexual risk order made by a court in Scotland, the defendant is likely to return to, or to visit, Scotland.
(4) An order may be renewed, or varied so as to impose additional prohibitions or requirements 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 renewed or varied under this section may contain only such prohibitions and requirements 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.
(5A) The court must not discharge a sexual risk order made by a court in England and Wales before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable.
(5B) The court must not discharge a sexual risk order made by a court in Scotland, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer 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—
where the defendant is aged 18 or over, any court of summary jurisdiction in Northern Ireland;
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;
“the defendant”, in relation to a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), means the person against whom the order has effect;
“harm”, “child” and “vulnerable adult” each has the meaning given in section 122B(1);
“sexual risk order” includes a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
136ZE Variation, renewal or discharge of sexual harm prevention order etc by court in Scotland
(1) This section applies where a relevant order has been made in respect of a person who now—
(a) is residing in Scotland, or
(b) is in or is intending to come to Scotland.
(2) In this section “relevant order” means—
(a) a sexual harm prevention order,
(b) a sexual offences prevention order, or
(c) a foreign travel order.
(3) An application may be made to the appropriate sheriff in Scotland—
(a) by the defendant, or
(b) by the chief constable,
for an order varying, renewing or discharging the relevant order.
(4) Subject to subsections (5) to (12), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate.
(5) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Scotland, and
(b) whether—
(i) in the case of a sexual harm prevention order, the defendant is likely to return to, or to visit, England and Wales, or
(ii) in the case of a sexual offences prevention order or foreign travel order, the defendant is likely to return to, or to visit, Northern Ireland.
(6) A sexual harm prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public in Scotland, or any particular members of the public in Scotland, 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) A sexual harm prevention order as renewed or varied under this section may contain only such prohibitions and requirements 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.
(8) A sexual offences prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public in Scotland, or any particular members of the public in Scotland, from serious sexual harm from the defendant.
(9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
(10) A foreign travel order may be renewed, or varied under this section 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.
(11) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (10).
(12) The court must not discharge a sexual harm prevention order or a sexual offences prevention order before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the chief constable.
(13) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18).
(14) In this section—
“the appropriate sheriff” means—
in any case, a sheriff in whose sheriffdom the defendant resides, or
in a case where the application is made by the chief constable—
a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, or
a sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come;
“the chief constable” means the chief constable of the Police Service of Scotland;
“child” means a person under 18;
“serious sexual harm”, in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3;
“serious sexual harm”, in relation to the renewal or variation of a foreign travel order, means 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;
“sexual harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual harm prevention order, have the meanings given by section 103B(1).
136ZF Variation, renewal or discharge of sexual risk order etc by court in Scotland
(1) This section applies where a relevant order has been made in respect of a person who now—
(a) is residing in Scotland, or
(b) is in or is intending to come to Scotland.
(2) In this section “relevant order” means—
(a) a sexual risk order, or
(b) a risk of sexual harm order.
(3) An application may be made to the appropriate sheriff in Scotland—
(a) by the defendant, or
(b) by the chief constable,
for an order varying, renewing or discharging the relevant order.
(4) Subject to subsections (5) to (10), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate.
(5) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Scotland, and
(b) whether—
(i) in the case of a sexual risk order, the defendant is likely to return to, or to visit, England and Wales, or
(ii) in the case of a risk of sexual harm order, the defendant is likely to return to, or to visit, Northern Ireland.
(6) A sexual risk order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public in Scotland, or any particular members of the public in Scotland, 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) A sexual risk order as renewed or varied under this section may contain only such prohibitions and requirements 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.
(8) A risk of sexual harm order may be renewed, or varied under this section 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 physical or psychological harm from the defendant doing acts within section 123(3).
(9) A risk of sexual harm order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (8).
(10) The court must not discharge a relevant order before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and the chief constable.
(11) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18).
(12) In this section—
“the appropriate sheriff” means—
in any case, a sheriff in whose sheriffdom the defendant resides, or
in a case where the application is made by the chief constable—
a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, or
a sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come;
“the chief constable” means the chief constable of the Police Service of Scotland;
“child”—
in relation to the renewal or variation of a sexual risk order, means a person under 18;
in relation to the renewal or variation of a risk of sexual harm order, means a person under 16;
“harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual risk order, have the meanings given by section 122B(1).
136ZG Variation, renewal or discharge of sexual harm prevention order made in Scotland by court in England and Wales
(1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now—
(a) is residing in England and Wales, or
(b) is in or is intending to come to England and Wales.
(2) In this section “relevant Scottish order” means a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).
(3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order.
(4) Those 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.
(5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering—
(a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
(6) Subject to subsections (7) to (14), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate.
(7) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in England and Wales, and
(b) whether the defendant is likely to return to, or to visit, Scotland.
(8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public in England and Wales, or any particular members of the public in England and Wales, 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.
(9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements 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.
(10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
(11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order.
(12) Section 103FA (electronic monitoring requirements) applies in relation to—
(a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or
(b) the renewal of an order to continue such a requirement,
as it applies in relation to the making of a sexual harm prevention order, subject to subsection (13).
(13) In its application to the variation or renewal of a relevant Scottish order, section 103FA has effect as if—
(a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision,
(b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and
(c) the reference in subsection (9) to section 103E were to this section.
(14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer 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.
(15) In this section—
“adult magistrates’ court” means a magistrates’ court that is not a youth court;
“the appropriate court” means—
where 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;
where the defendant is under the age of 18, 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;
“child” means a person under 18;
“prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 17 and 25 of that Act);
“sexual harm” and “vulnerable adult” have the same meanings as in Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 10 and 25 of that Act).
136ZH Variation, renewal or discharge of sexual offences prevention order or foreign travel order by court in England and Wales
(1) This section applies where a relevant order has been made in respect of a person who now—
(a) is residing in England and Wales, or
(b) is in or is intending to come to England and Wales.
(2) In this section “relevant order” means—
(a) a sexual offences prevention order, or
(b) a foreign travel order.
(3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order.
(4) Those 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.
(5) If—
(a) this section applies in relation to a person because that person is subject to a foreign travel order, and
(b) a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn,
a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering whether to apply for an order varying or renewing the foreign travel order.
(6) Subject to subsections (7) to (16), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant order that the court considers appropriate.
(7) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in England and Wales, and
(b) whether the defendant is likely to return to, or to visit, Northern Ireland.
(8) A sexual offences prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public in England and Wales, or any particular members of the public in England and Wales, from serious sexual harm from the defendant.
(9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
(10) A sexual offences prevention order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order.
(11) Section 103FA (electronic monitoring requirements) applies in relation to—
(a) the variation under this section of a sexual offences prevention order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or
(b) the renewal of an order to continue such a requirement,
as it applies in relation to the making of a sexual harm prevention order, subject to subsection (12).
(12) In its application to the variation or renewal of a sexual offences prevention order, section 103FA has effect as if—
(a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision,
(b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and
(c) the reference in subsection (9) to section 103E were to this section.
(13) The court must not discharge a sexual offences prevention 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 under this section 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.
(14) A foreign travel order may be renewed, or varied under this section 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.
(15) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (14).
(16) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering whether to renew or vary a foreign travel order under this section.
(17) In this section—
“adult magistrates’ court” means a magistrates’ court that is not a youth court;
“the appropriate court” means—
where 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;
where the defendant is under the age of 18, 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;
“child” means a person under 18;
“serious sexual harm”—
in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3;
in relation to the renewal or variation of a foreign travel order, means 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.
136ZI Variation, renewal or discharge of sexual risk order made in Scotland by court in England and Wales
(1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now—
(a) is residing in England and Wales, or
(b) is in or is intending to come to England and Wales.
(2) In this section “relevant Scottish order” means a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).
(3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant Scottish order.
(4) Those 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.
(5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering—
(a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
(6) Subject to subsections (7) to (14), 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 (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate.
(7) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in England and Wales, and
(b) whether the defendant is likely to return to, or to visit, Scotland.
(8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public in England and Wales, or any particular members of the public in England and Wales, 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.
(9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements 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.
(10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
(11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order.
(12) Section 122EA (electronic monitoring requirements) applies in relation to—
(a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or
(b) the renewal of an order to continue such a requirement,
as it applies in relation to the making of a sexual risk order, subject to subsection (13).
(13) In its application to the variation or renewal of a relevant Scottish order, section 122EA has effect as if—
(a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision,
(b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and
(c) the reference in subsection (9) to section 122D were to this section.
(14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer 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.
(15) In this section—
“adult magistrates’ court” means a magistrates’ court that is not a youth court;
“the appropriate court” means—
where 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;
where the defendant is under the age of 18, 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;
“child” means a person under 18;
“harm” and “vulnerable adult” have the same meanings as in Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 26 and 36 of that Act);
“prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 29 and 36 of that Act).
136ZJ Variation, renewal or discharge of risk of sexual harm order by court in England and Wales
(1) This section applies where a risk of sexual harm order has been made in respect of a person who now—
(a) is residing in England and Wales, or
(b) is in or is intending to come to England and Wales.
(2) A person within subsection (3) may by complaint to the appropriate court apply for an order varying, renewing or discharging the order.
(3) Those 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.
(4) Subject to subsections (5) to (10), 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 (3), may make any order varying, renewing or discharging the risk of sexual harm order that the court considers appropriate.
(5) A risk of sexual harm order may be renewed, or varied under this section so as to impose—
(a) additional prohibitions on the defendant, or
(b) requirements of the kind mentioned in subsection (7) on the defendant,
only if it is necessary to do so for the purpose of protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).
(6) A risk of sexual harm order as renewed or varied under this section may contain only—
(a) such prohibitions as are necessary for the purpose mentioned in subsection (5), and
(b) such requirements of the kind mentioned in subsection (7) as are necessary for that purpose.
(7) A risk of sexual harm order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order.
(8) Section 122EA (electronic monitoring requirements) applies in relation to—
(a) the variation under this section of a risk of sexual harm order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order, or
(b) the renewal of an order to continue such a requirement,
as it applies in relation to the making of a sexual harm prevention order, subject to subsection (9).
(9) In its application to the variation or renewal of a risk of sexual harm order, section 122EA has effect as if—
(a) subsection (4)(b)(i) were omitted,
(b) the reference in subsection (4)(b) to a case where it is proposed to include in the order a provision mentioned in sub-paragraph (ii) included a case where the order already includes such a provision,
(c) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and
(d) the reference in subsection (9) to section 122D were to this section.
(10) The court must not discharge a risk of sexual harm 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 under this section 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.
(11) In this section—
“adult magistrates’ court” means a magistrates’ court that is not a youth court;
“the appropriate court” means—
where 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;
where the defendant is under the age of 18, 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;
“child” means a person under 16.
136A Meaning of specified prostitution offence etc.
(1) This section applies for the purposes of this Part.
(2) The specified prostitution offences are—
(a) an offence under ... Article 37 of the Sexual Offences (Northern Ireland) Order 2008 (“the Northern Ireland Order”);
(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 Article 38 of the Northern Ireland Order committed by causing or inciting a child to become a prostitute;
(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 Article 39 of the Northern Ireland Order committed by controlling the activities of a child relating to the child's prostitution;
(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 Article 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—
(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 Article 38 of the Northern Ireland Order committed by causing or inciting a child to be involved in pornography;
(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 Article 39 of the Northern Ireland Order committed by controlling the activities of a child relating to the child's involvement in pornography;
(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 Article 40 of the Northern Ireland Order committed by arranging or facilitating a child's involvement in pornography.
(3A) The specified child sex offences are—
(a) an offence under any of the following sections of this Act—
sections 5 to 13;
sections 16 to 19;
sections 25 and 26;
sections 47 to 50;
(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—
sections 1 to 4;
sections 30 to 41;
section 59A;
section 61;
sections 66 , 66A, 66B(2) and (3) and 67.
(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 ... Article 37 of the Northern Ireland Order, at any time when the sexual services mentioned in ... 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.
(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.
136B Power to authorise issue of closure notice: prostitution or pornography offences
(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.
136BA Power to authorise issue of closure notice: child sex offences in England and Wales
(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.
(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 or 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) or 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).
(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 at 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.
(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 subsections (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 prostitution, 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) or 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 prostitution, pornography or child sex offences that the court is satisfied has been committed.
136E Making of closure orders: supplementary provision
(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.
(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.
(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.
(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 prostitution, 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.
(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 prostitution, 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.
(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 prostitution, 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.
(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.
(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.
(1) A local 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 local 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 local policing body , and
(c) the owner of the premises.
(5) In the application of this section to Northern Ireland references to the local policing body are to be read as references to the Northern Ireland Policing Board.
(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.
(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 or 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.
(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.
136Q Issue of closure notices by persons other than police officers
(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.
(1) This section applies for the purposes of this Part.
(2) “A closure notice” means a notice issued under section 136B or 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.
(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).
(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.