88I Discharge from indefinite notification requirements: England, Wales and Northern Ireland
(1) A relevant offender who is, under the relevant legislation, discharged from the notification requirements of this Part by a court, person or body in England and Wales or Northern Ireland is, by virtue of the discharge, also discharged from the notification requirements of this Part as it applies to Scotland.
(2) In subsection (1) “relevant legislation” means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and Wales or, as the case may be, Northern Ireland for an indefinite period to be discharged from those notification requirements.
(1) Where a person within the first column of the following Table (“the young offender”) is under 18 (or, in Scotland, 16) when he is before the court referred to in the second column of the Table opposite the description that applies to him, that court may direct that subsection (2) applies in respect of an individual (“the parent”) having parental responsibility for (or, in Scotland, parental responsibilities in relation to) the young offender.
TABLE
Description of person | Court which may make the direction
A relevant offender within section 80(1)(a) to (c) or 81(1)(a) to (c) | The court which deals with the offender in respect of the offence or finding
A relevant offender within section 129(1)(a) to (c) | The court which deals with the offender in respect of the offence or finding
A person who is the subject of a notification order, interim notification order, sexual harm prevention order, interim sexual harm prevention order, sexual offences prevention order or interim sexual offences prevention order , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) | The court which makes the order
A relevant offender who is the defendant to an application under subsection (4) (or, in Scotland, the subject of an application under subsection (5)) | The court which hears the application
(1A) In the Table—
(a) the reference to a sexual harm prevention order includes an order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
(b) the reference to an interim sexual harm prevention order includes an order made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
(2) Where this subsection applies—
(a) the obligations that would (apart from this subsection) be imposed by or under sections 83 to 86 on the young offender are to be treated instead as obligations on the parent, and
(b) the parent must ensure that the young offender attends at the police station with him, when a notification is being given.
(3) A direction under subsection (1) takes immediate effect and applies—
(a) until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or
(b) for such shorter period as the court may, at the time the direction is given, direct.
(4) A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for a direction under subsection (1) in respect of a relevant offender (“the defendant”)—
(a) who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and
(b) who the chief officer believes is under 18.
(5) In Scotland, the chief constable of the Police Service of Scotland may, by summary application to any sheriff ..., apply for a direction under subsection (1) in respect of a relevant offender (“the subject”)—
(a) who resides in that area, or who the chief constable believes is in or is intending to come to that area, and
(b) who the chief constable believes is under 16.
90 Parental directions: variations, renewals and discharges
(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a direction under section 89(1).
(2) The persons are—
(a) the young offender;
(b) the parent;
(c) the chief officer of police for the area in which the young offender resides;
(d) a chief officer of police who believes that the young offender is in, or is intending to come to, his police area;
(e) in Scotland—
(i) where the appropriate court is a civil court, the chief constable of the Police Service of Scotland; and
(ii) in any other case, the prosecutor;
(f) where the direction was made on an application under section 89(4), the chief officer of police who made the application;
(g) where the direction was made on an application under section 89(5), the chief constable who made the application.
(3) An application under subsection (1) may be made—
(a) where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court;
(b) in any other case, by complaint (or, in Scotland, by summary application).
(4) On the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the direction, that the court considers appropriate.
(5) In this section, the “appropriate court” means—
(a) where the Court of Appeal made the order, the Crown Court;
(b) in any other case, the court that made the direction under section 89(1).
(1) A person commits an offence if he—
(a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), 85A(2) or (6), 87(4) or 89(2)(b) , 89(2)(b) or 96ZB(3)(b) or any requirement imposed by regulations made under section 86(1); or
(b) notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) , 85(1) or 85A(2) or (6) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(3) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) , 85(1) or 85A(2) or (6) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.
(4) Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.
91A Review of indefinite notification requirements: qualifying relevant offender
(1) A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”).
(2) A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—
(a) subject to the indefinite notification requirements; and
(b) not subject to a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F, a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3) , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction).
(3) The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—
(a) section 80(1);
(b) section 81(1); or
(c) a notice given under section 96ZA.
(4) In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).
(5) Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1).
(6) If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area.
(7) In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.
91B Review of indefinite notification requirements: application for review and qualifying dates
(1) An application for review must be in writing and may be made on or after the qualifying date or, as the case may be, the further qualifying date.
(2) Subject to subsection (7), the qualifying date is—
(a) where the qualifying relevant offender was 18 or over on the relevant date, the day after the end of the 15 year period beginning with the day on which the qualifying relevant offender gives the relevant notification; or
(b) where the qualifying relevant offender was under 18 on the relevant date, the day after the end of the 8 year period beginning with the day on which the qualifying relevant offender gives the relevant notification.
(3) Subject to subsections (4) to (6), the further qualifying date is the day after the end of the 8 year period beginning with the day on which the relevant chief officer of police makes a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements.
(4) Subsection (5) applies if the relevant chief officer of police, when making a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements, considers that the risk of sexual harm posed by a qualifying relevant offender is sufficient to justify a continuation of those requirements after the end of the 8 year period beginning with the day on which the determination is made.
(5) If this subsection applies, the relevant chief officer of police may make a determination to require a qualifying relevant offender to remain subject to the indefinite notification requirements for a period which may be no longer than the 15 year period beginning with the day on which the determination is made.
(6) If subsection (5) applies, the further qualifying date is the day after the end of the period determined under that subsection.
(7) The qualifying date must not be earlier than the expiry of the fixed period specified in a notification continuation order made in relation to a qualifying relevant offender in accordance with sections 88A to 88I.
(8) The relevant chief officer of police within 14 days of receipt of an application for review—
(a) must give an acknowledgment of receipt of the application to the qualifying relevant offender, and
(b) may notify a responsible body that the application has been made.
(9) Where a responsible body is notified of the application for review under subsection (8)(b) and holds information which it considers to be relevant to the application, the responsible body must give such information to the relevant chief officer of police within 28 days of receipt of the notification.
(10) In this section “the relevant notification” means the first notification which the relevant offender gives under section 83, 84 or 85 when he is first released after—
(a) being remanded in or committed to custody by an order of a court in relation to the conviction for the offence giving rise to the indefinite notification requirements;
(b) serving a sentence of imprisonment or a term of service detention in relation to that conviction;
(c) being detained in hospital in relation to that conviction.
(11) For the purposes of this Part—
(a) “responsible body” means—
(i) the probation trust for any area that includes any part of the police area concerned,
(ii) in relation to any part of the police area concerned for which there is no probation trust, each provider of probation services which has been identified as a relevant provider of probation services for the purposes of section 325 of the Criminal Justice Act 2003 by arrangements under section 3 of the Offender Management Act 2007,
(iii) the Minister of the Crown exercising functions in relation to prisons (and for this purpose “prison” has the same meaning as in the Prison Act 1952), and
(iv) each body mentioned in section 325(6) of the Criminal Justice Act 2003, but as if the references in that subsection to the relevant area were references to the police area concerned;
(b) “risk of sexual harm” means a risk of physical or psychological harm to the public in the United Kingdom or any particular members of the public caused by the qualifying relevant offender committing one or more of the offences listed in Schedule 3.
91C Review of indefinite notification requirements: determination of application for review
(1) The relevant chief officer of police must, within 6 weeks of the latest date on which any body to which a notification has been given under section 91B(8)(b) may give information under section 91B(9)—
(a) determine the application for review, and
(b) give notice of the determination to the qualifying relevant offender.
(2) For the purposes of the determination of an application for review under this section, a qualifying relevant offender must satisfy the relevant chief officer of police that it is not necessary for the purpose of protecting the public or any particular members of the public from sexual harm for the qualifying relevant offender to remain subject to the indefinite notification requirements.
(3) If the relevant chief officer of police determines under this section that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of the determination must—
(a) contain a statement of reasons for the determination, and
(b) inform the qualifying relevant offender that he may appeal the determination in accordance with section 91E.
(4) If the relevant chief officer of police determines under this section that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.
(5) The Secretary of State may by order amend the period in subsection (1).
91D Review of indefinite notification requirements: factors applying to determination under section 91C
(1) In determining an application for review under section 91C, the relevant chief officer of police must—
(a) have regard to information (if any) received from a responsible body;
(b) consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender; and
(c) take into account the matters listed in subsection (2).
(2) The matters are—
(a) the seriousness of the offence in relation to which the qualifying relevant offender became subject to the indefinite notification requirements;
(b) the period of time which has elapsed since the qualifying relevant offender committed the offence (or other offences);
(c) where the qualifying relevant offender falls within section 81(1), whether the qualifying relevant offender committed any offence under section 3 of the Sex Offenders Act 1997;
(d) whether the qualifying relevant offender has committed any offence under section 91;
(e) the age of the qualifying relevant offender at the qualifying date or further qualifying date;
(f) the age of the qualifying relevant offender at the time the offence referred to in paragraph (a) was committed;
(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the qualifying relevant offender at the time the offence was committed;
(h) any assessment of the risk posed by the qualifying relevant offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;
(i) any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;
(j) any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the qualifying relevant offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);
(k) any caution which the qualifying relevant offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;
(l) any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the qualifying relevant offender for any offence listed in Schedule 5 where the behaviour of the qualifying relevant offender since the date of such conviction or finding indicates a risk of sexual harm;
(m) any other submission or evidence of the risk of sexual harm posed by the qualifying relevant offender;
(n) any evidence presented by or on behalf of the qualifying relevant offender which demonstrates that the qualifying relevant offender does not pose a risk of sexual harm; and
(o) any other matter which the relevant chief officer of police considers to be appropriate.
(3) In this section, a reference to a conviction, finding or caution for an offence committed in a country outside the United Kingdom means a conviction, finding or caution for an act which—
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted an offence listed in Schedule 3 or Schedule 5 if it had been done in any part of the United Kingdom.
91E Review of indefinite notification requirements: appeals
(1) A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91C.
(2) An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.
(3) A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.
(4) If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.
91F Review of indefinite notification requirements: guidance
(1) The Secretary of State must issue guidance to relevant chief officers of police in relation to the determination by them of applications made under section 91B.
(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
(1) Subsection (2) applies where on any date a person is—
(a) convicted of an offence listed in Schedule 3;
(b) found not guilty of such an offence by reason of insanity; or
(c) found to be under a disability and to have done the act charged against him in respect of such an offence.
(2) If the court by or before which the person is so convicted or found—
(a) states in open court—
(i) that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and
(ii) that the offence in question is an offence listed in Schedule 3, and
(b) certifies those facts, whether at the time or subsequently,
the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
(3) Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.
(4) If the constable—
(a) informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and
(b) certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,
the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
94 Part 2: supply of information to Secretary of State etc. for verification
(1) This section applies to information notified to the police under—
(a) section 83, 84 or 85, or
(b) section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).
(2) A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—
(a) the Secretary of State,
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a Northern Ireland Department, or
(c) a person providing services to the Secretary of State ... or a Northern Ireland Department in connection with a relevant function,
for use for the purpose of verifying the information.
(3) The persons are—
(a) a chief officer of police (in Scotland, the chief constable of the Police Service of Scotland),
(b) the Director General of the National Crime Agency.
(4) In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—
(a) checking its accuracy by comparing it with information held—
(i) where the person is the Secretary of State ... or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or
(ii) where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and
(b) compiling a report of that comparison.
(5) Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).
(6) This section does not authorise the doing of anything that contravenes the data protection legislation.
(7) This section does not affect any power existing apart from this section to supply information.
(8) In this section—
“ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“Northern Ireland Department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;
“relevant function” means—
a function relating to social security, child support, employment or training,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a function relating to passports,
a function under Part 3 of the Road Traffic Act 1988 (c. 52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).
95 Part 2: supply of information by Secretary of State etc.
(1) A report compiled under section 94 may be supplied by—
(a) the Secretary of State,
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a Northern Ireland Department, or
(c) a person within section 94(2)(c),
to a person within subsection (2).
(2) The persons are—
(a) a chief officer of police (in Scotland, the chief constable of the Police Service of Scotland),
(b) the Serious Organised Crime Agency.
(3) Such a report may contain any information held—
(a) by the Secretary of State ... or a Northern Ireland Department in connection with the exercise of a relevant function, or
(b) by a person within section 94(2)(c) in connection with the provision of services referred to there.
(4) Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—
(a) may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and
(b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.
(5) Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94.
(1) This section applies to a relevant offender who is serving a sentence of imprisonment or a term of service detention, or is detained in a hospital.
(2) The Secretary of State may by regulations make provision requiring notice to be given by the person who is responsible for that offender to persons prescribed by the regulations, of any occasion when the offender is released or a different person becomes responsible for him.
(2A) The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide—
(a) any information about the offender, or
(b) a photograph of any part of the offender.
(2B) In subsection (2A), “photograph” is to be construed in accordance with section 88(2).
(3) The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96A Offences committed in a country outside the United Kingdom
(1) This section applies to a person (“P”) if the following 3 conditions are met with respect to P.
(2) The first condition is that under the law in force in a country outside the United Kingdom—
(a) P has been convicted of a relevant offence (whether or not P has been punished for it),
(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that P is not guilty by reason of insanity,
(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that P is under a disability and did the act charged against P in respect of the offence, or
(d) P has been cautioned in respect of a relevant offence.
(3) The second condition is that—
(a) the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,
(b) the first condition is met because of a conviction or finding which occurred before that date, but P was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or
(c) the first condition is met because of a conviction or finding which occurred before that date, but on that date P was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).
(4) The third condition is that the period set out in section 82 (as modified by subsections (6) and (7) below) in respect of the relevant offence has not expired.
(5) Where this section applies to P, P is subject to the notification requirements of this Part for the notification period set out in section 82; but the application of this Part to P in respect of the conviction, finding or caution is subject—
(a) in all cases, to the modifications set out below; and
(b) in a case where the first condition mentioned in subsection (2) is met by reason of a conviction, finding or caution in a country which is not a member of the Council of Europe, to the further provisions in section 96AA.
(6) The “relevant date” means—
(a) in the case where P is within subsection (2)(a), the date of the conviction;
(b) in the case where P is within subsection (2)(b) or (c), the date of the finding;
(c) in the case where P is within subsection (2)(d), the date of the caution.
(7) In section 82—
(a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P;
(b) the reference in the Table to section 80(1)(d) is to be read as a reference to subsection (2)(d);
(c) references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which this section applies to P;
(d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.
(8) In sections 83 and 85 references to the commencement of this Part are to be read as references to the commencement of section 4 of the Criminal Justice Act (Northern Ireland) 2013.
(9) Section 83 has effect as if after subsection (1) there were inserted—
(1A) In the case of a person who is not ordinarily resident in Northern Ireland, in calculating the period of 3 days mentioned in subsection (1) there is to be disregarded a period of 7 days (or two or more periods in any period of 12 months taken together which amount to 7 days) after that person's entry into Northern Ireland.
.
(10) Section 83(4) has effect as if—
(a) for the words “Where a notification order is made” there were substituted “ Where a relevant offender is subject to the notification requirements of this Part by virtue of section 96A ”; and
(b) in paragraph (a) for the words “the order was made” there were substituted “ he became a person to whom section 96A applies ”.
(11) In this section “relevant offence” means an act which—
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom;
and for the purposes of this subsection an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.
96AA Convictions, etc. in a country which is not a member of the Council of Europe
(1) The further provisions referred to in section 96A(5)(b) are as follows.
(2) Where P is charged with an offence under section 91(1)(a), it is a defence for P to prove that the relevant conviction, finding or caution falls within subsection (4).
(3) P shall cease to be subject to the notification requirements of this Part by virtue of section 96A if the High Court, on an application made by P in accordance with rules of court, so orders; but the High Court shall not make such an order unless it is satisfied that the relevant conviction, finding or caution falls within subsection (4).
(4) A conviction, finding or caution falls within this subsection if the relevant court is satisfied—
(a) that any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights which P would have had if those investigations or proceedings had taken place in the United Kingdom; and
(b) that contravention was such that, in the opinion of the court, the conviction, finding or caution cannot safely be relied on for the purposes of meeting the condition in section 96A(2).
(5) In this section—
“the relevant conviction, finding or caution” means the conviction, finding or caution by reason of which P is subject, by virtue of section 96A, to the notification requirements of this Part;
“the relevant court” means—
in a case to which subsection (2) applies, the court before which P is charged;
in a case to which subsection (3) applies, the High Court.
96ZA Offences outside the United Kingdom: notification requirements
(1) Where this section applies to a person (“P”), P is subject to the notification requirements of this Part for the notification period set out in section 82.
This is subject to sections 96ZB (young offenders: parental notices) and 96ZC (modifications of notification requirements).
(2) This section applies to P if P has been given a notice under subsection (3) and that notice has not been cancelled.
(3) A constable may give a notice to P if—
(a) the conditions in subsections (6), (7) and (8) are met in respect of P, and
(b) an officer of at least the rank of inspector has authorised the giving of the notice to P.
(4) A notice given to P under subsection (3) must be given to P in person and must contain details of—
(a) the notifications that P is required to give under this Part,
(b) when those notifications must be given, and
(c) where those notifications may be given.
(5) A notice given under subsection (3) may be cancelled by a constable giving notice in writing to P in person but such a cancellation must be authorised by an officer of at least the rank of inspector.
(6) The first condition is that under the law in force in a country outside the United Kingdom—
(a) P has been convicted of a relevant offence (whether or not P has been punished for it),
(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that P is not guilty by reason of insanity,
(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that P is under a disability and did the act charged against P in respect of the offence, or
(d) P has been cautioned in respect of a relevant offence.
(7) The second condition is that—
(a) the first condition is met because of a conviction, finding or caution which occurred on or after 1 September 1997,
(b) the first condition is met because of a conviction or finding which occurred before that date, but P was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or
(c) the first condition is met because of a conviction or finding which occurred before that date, but on that date P was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).
(8) The third condition is that the period set out in section 82 (as it would have effect as modified by section 96ZC(2) and (3) if this section applied to P) in respect of the relevant offence has not expired.
(9) In this section and section 96ZC “relevant offence” means an act which—
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.
(10) For the purposes of subsection (9)(a), an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.
(1) Where the person (“P”) given a notice under section 96ZA is under 18 a constable may also give a notice (a “parental notice”) to a person (“the parent”) with parental responsibility for P.
(2) Subsections (3)(b) to (5) of section 96ZA apply to the giving of a parental notice as if references to P were references to the parent.
(3) If a parental notice has been given to the parent and has not been cancelled or ceased to have effect—
(a) the obligations that would (apart from this subsection) be imposed by virtue of section 96ZA on P are to be treated instead as obligations on the parent, and
(b) the parent must ensure that P attends with them at the police station when a notification under this Part is being given.
(4) The parental notice ceases to have effect when P reaches the age of 18.
(5) If a parental notice is to be given, section 96ZA(4)(a) has effect in relation to the notice given to P as if the reference to the notifications that P is required to give under this Part were a reference to—
(a) the notifications that the parent is required to give under this Part, and
(b) the notifications (if any) that P is required to give under this Part once the parental notice ceases to have effect.
(1) The application of this Part to a person (“P”) to whom section 96ZA applies in respect of a conviction, finding or caution is subject to the modifications set out in this section.
(2) References to the “relevant date”—
(a) in a case where P is within section 96ZA(6)(a), are to the date of the conviction,
(b) in a case where P is within section 96ZA(6)(b) or (c), are to the date of the finding, and
(c) in a case where P is within section 96ZA(6)(d), are to the date of the caution.
(3) In section 82—
(a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P;
(b) the reference in the Table to section 80(1)(d) is to be read as a reference to section 96ZA(6)(d);
(c) references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which a notice has been given to P under section 96ZA;
(d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences (see section 96ZA(9)).
(4) Section 83 has effect as if after subsection (1) there were inserted—
(1A) In the case of a relevant offender who is subject to the notification requirements of this Part by virtue of a notice being given to the relevant offender under section 96ZA, the reference in subsection (1) to the period of 3 days beginning with the relevant date (or if later the commencement of this Part) is to be read as a reference to the period of 3 days beginning with the day on which the notice was given to the relevant offender.
(5) Section 83(4) has effect as if—
(a) for the words “Where a notification order is made” there were substituted “Where a relevant offender is subject to the notification requirements of this Part by virtue of a notice given under section 96ZA”, and
(b) in paragraph (a) for the words “the order was made” there were substituted “the notice was given to the relevant offender”.
96ZD Appeal against the issue of a notice under section 96ZA or 96ZB
(1) A person (“P”) may appeal to a magistrates’ court against the decision to give them a notice under section 96ZA.
(2) The grounds for bringing an appeal under subsection (1) include—
(a) that one or more of the conditions for the giving of the notice were not met in respect of P at the time the notice was given;
(b) that the conviction, finding or caution by reason of which P was given the notice falls within subsection (3).
(3) A conviction, finding or caution falls within this subsection if—
(a) any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights (within the meaning of section 1 of the Human Rights Act 1998) which P would have had if those investigations or proceedings had taken place in the United Kingdom, and
(b) that contravention was such that the conviction, finding or caution cannot be safely relied on for the purposes of meeting the condition in section 96ZA(6).
(4) A person (“the parent”) may appeal to a magistrates’ court against the decision to give them a parental notice under section 96ZB.
(5) The grounds for bringing an appeal under subsection (4) include—
(a) that one or more of the conditions for the giving of a notice under section 96ZA to the person (“P”) for whom the parent has parental responsibility were not met in respect of P at the time the notice under section 96ZA was given;
(b) that the conviction, finding or caution by reason of which P was given a notice under section 96ZA falls within subsection (3);
(c) that one or more of the requirements for giving the parent a parental notice under section 96ZB were not met at the time the parental notice was given.
(6) On an appeal under subsection (1) or (4) a magistrates’ court may cancel or confirm the notice which is the subject of the appeal.
96A Police powers of entry to and examination of relevant offender's home address
(1) A sheriff may, if satisfied on the application of a senior police officer ... as to the matters mentioned in subsection (2), grant a warrant authorising any constable of the Police Service of Scotland to enter premises in the sheriffdom (if necessary using reasonable force) and to examine and search them, and the things in them, for the purpose mentioned in subsection (3).
(2) Those matters are—
(a) that the premises are either—
(i) premises whose address has been notified by a relevant offender as his home address in his most recent notification of a home address under this Part; or
(ii) premises whose address has been notified by a relevant offender as the address of any other premises at which he regularly resides or stays, in his most recent notification under section 83(1) or 85(1) or in any notification under section 84(1) given by him since that notification;
(b) that the offender is not one to whom subsection (4) applies;
(c) that it would assist the carrying out of the purpose mentioned in subsection (3), for a constable of the relevant force to examine and search the premises and the things in them; and
(d) that on more than one occasion, a constable of the Police Service of Scotland has attempted to examine and search the premises and the things in them for the purpose mentioned in subsection (3) and has been unable (whether by not being able to search and examine the premises and the things in them, or by not being able to obtain entry to the premises) to do so.
(3) That purpose is assessing the risk of the offender committing a sexual offence.
(4) This subsection applies to the relevant offender if he is—
(a) remanded in or committed to custody by an order of a court;
(b) serving a sentence of imprisonment or a term of service detention;
(c) detained in a hospital; or
(d) outside the United Kingdom.
(5) A sheriff is to determine an application for a warrant under subsection (1) without hearing from the relevant offender or any other person who has an interest in the premises.
(6) A warrant under subsection (1) does not confer power to seize anything in the premises to which it relates.
(7) A warrant under subsection (1) must be executed at a reasonable hour.
(8) A warrant under subsection (1) continues in force until the expiry of the period of one month beginning with the date of the warrant's grant.
(9) A warrant under subsection (1) authorises entry on one occasion only.
(10) This section does not prejudice any other power of entry, examination, search or seizure.
(11) In this section—
...
“senior police officer” means a constable of the Police Service of Scotland of the rank of superintendent or above; and
“sexual offence” means—
an offence within any of paragraphs 36 to 59C of Schedule 3; or
any other offence in circumstances in which it would be likely that a determination such as is mentioned in paragraph 60 of that Schedule would be made in relation to the offence.
96B Power of entry and search of relevant offender's home address
(1) If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force—
(a) to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and
(b) to search the premises for that purpose.
(2) The requirements are—
(a) that the address of each set of premises specified in the application is an address falling within subsection (3);
(b) that the relevant offender is not one to whom subsection (4) applies;
(c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and
(d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.
(3) An address falls within this subsection if—
(a) it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or
(b) there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.
(4) This subsection applies to a relevant offender if he is—
(a) remanded in or committed to custody by order of a court;
(b) serving a sentence of imprisonment or a term of service detention;
(c) detained in a hospital; or
(d) outside the United Kingdom.
(5) A warrant issued under this section must specify the one or more sets of premises to which it relates.
(6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.
(7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).
(8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.
(9) In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender—
(a) who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or
(b) in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.
(10) In this section—
“the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;
“senior police officer” means a constable of the rank of superintendent or above.
(1) The chief constable of the Police Service of Scotland (“the chief constable”) may by application to any sheriff, apply for an order under this section (a “notification order”) in respect of a person ... if—
(a) it appears to the chief constable that the following three conditions are met with respect to the person, and
(b) the person resides in Scotland or the chief constable believes that the person is in, or is intending to come to, Scotland.
(2) The first condition is that under the law in force in a country outside the United Kingdom—
(a) the person has been convicted of a relevant offence (whether or not the person has been punished for it),
(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person is not guilty by reason of insanity,
(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence, or
(d) the person has been cautioned in respect of a relevant offence.
(3) The second condition is that—
(a) the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,
(b) the first condition is met because of a conviction or finding which occurred before that date, but the person was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or
(c) the first condition is met because of a conviction or finding which occurred before that date, but on that date the person was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).
(4) The third condition is that the period set out in section 82 (as modified by subsections (2) and (3) of section 98) in respect of the relevant offence has not expired.
(5) If on the application it is proved that the conditions in subsections (2) to (4) are met, the sheriff must make a notification order.
(5A) A record of evidence must be kept on any application for an order under this section.
(5B) The clerk of the court by which a notification order under this section is made must cause a copy of the order as so made to be—
(a) given to the person named in the order,
(b) sent to the person by registered post, or
(c) sent to the person by the recorded delivery service,
and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.
(6) In this section and section 98, “relevant offence” has the meaning given by section 99.
(1) Where a notification order is made—
(a) the application of this Part to the person in respect of whom the order has effect in respect of the conviction, finding or caution to which the order relates is subject to the modifications set out below, and
(b) subject to those modifications, the person becomes or (as the case may be) remains subject to the notification requirements of this Part for the notification period set out in section 82.
(2) The “relevant date” means—
(a) in the case of a person within section 97(2)(a), the date of the conviction;
(b) in the case of a person within section 97(2)(b) or (c), the date of the finding;
(c) in the case of a person within section 97(2)(d), the date of the caution.
(3) In section 82—
(a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to the person in respect of whom the order has effect;
(b) the reference in the Table to section 80(1)(d) is to be read as a reference to section 97(2)(d);
(c) references to an order of any description are to be read as references to any corresponding disposal made in relation to the person in respect of whom the order has effect in respect of an offence or finding by reference to which the notification order was made;
(d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.
(4) In sections 83 and 85, references to the commencement of this Part are to be read as references to the date of service of the notification order.
(1) “Relevant offence” in sections 97 and 98 means an act which—
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.
(2) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) however it is described in that law.
(3) Subject to subsection (4), on an application for a notification order the condition in subsection (1)(b) is to be taken as met unless, not later than rules of court may provide, the person in respect of whom the order is sought serves on the applicant a notice—
(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
(b) showing his grounds for that opinion, and
(c) requiring the applicant to prove that the condition is met.
(4) The court, if it thinks fit, may permit the person in respect of whom the order is sought to require the applicant to prove that the condition is met without service of a notice under subsection (3).
(1) This section applies where an application for a notification order (“the main application”) has not been determined.
(2) An application for an order under this section (“an interim notification order”)—
(a) may be made in ... the main application, or
(b) if the main application has been made, may be made by the person who has made that application, by further application to the sheriff to whom the main application has been made.
(3) The court may, if it considers it just to do so, make an interim notification order.
(4) Such an order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(5) While such an order has effect—
(a) the person in respect of whom the order has effect is subject to the notification requirements of this Part;
(b) this Part applies to the person, subject to the modification set out in subsection (6).
(6) The “relevant date” means the date of service of the order.
(7) The applicant or the person in respect of whom the order has effect may by application apply to the court that made the interim notification order for the order to be varied, renewed or discharged.
(7A) A record of evidence must be kept on any application for an order under this section.
(7B) The clerk of the court by which an interim notification order is made, varied, renewed or discharged under this section must cause a copy of, as the case may be—
(a) the order as so made, varied or renewed, or
(b) the interlocutor by which discharge is effected,
to be given to the person named in the order or to be sent to the person in accordance with subsection (7C).
(7C) A copy of the order may be sent to the person named in the order—
(a) by registered post, or
(b) by the recorded delivery service,
and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.
102 Appeals in relation to notification orders and interim notification orders: Scotland
In Scotland—
(a) an interlocutor granting or refusing a notification order or interim notification order is an appealable interlocutor; and
(b) where an appeal is taken against an interlocutor so granting such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.
103A Sexual harm prevention orders: applications and grounds
(1) A court may make an order under this section (a “sexual harm prevention order”) in respect of a person (“the defendant”) where subsection (2) or (3) applies to the defendant.
(2) This subsection applies to the defendant where—
(a) the court deals with the defendant in respect of—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) a finding that the defendant is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or
(iii) a finding that the defendant is under a disability and has done the act charged against the defendant in respect of an offence listed in Schedule 3 or 5,
and
(b) the court is satisfied that it is necessary to make a sexual harm prevention order, for the purpose of—
(i) protecting the public or any particular members of the public from sexual harm from the defendant, or
(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(3) This subsection applies to the defendant where—
(a) an application under subsection (4) has been made in respect of the defendant and it is proved on the application that the defendant is a qualifying offender, ...
(b) the court is satisfied on the balance of probabilities that since the appropriate date the defendant has acted in one or more of the ways alleged by the person making the application, and
(c) the court is satisfied that the defendant having acted in such a way makes it necessary to make a sexual harm prevention order, for the purpose of—
(i) protecting the public or any particular members of the public from sexual harm from the defendant, or
(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(3A) 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, the court must have regard to the list in considering—
(a) whether a sexual harm prevention 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 a prohibition on foreign travel (see section 103D) is necessary for that purpose.
(4) A person mentioned in subsection (4A) (“the applicant”) may by complaint to a magistrates’ court apply for a sexual harm prevention order in respect of a person if it appears to the applicant that—
(a) the person is a qualifying offender, and
(b) the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
(4A) Those persons are—
(a) a chief officer of police;
(b) the Director General of the National Crime Agency (“the Director General”);
(c) the chief constable of the British Transport Police Force;
(d) the chief constable of the Ministry of Defence Police.
(4B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, a person mentioned in subsection (4A) must have regard to the list in considering—
(a) whether a person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for a sexual harm prevention order to be made for the purpose of protecting children generally, or any particular children, from sexual harm from that person outside the United Kingdom, and
(b) whether to apply for a prohibition on foreign travel (see section 103D) to be included in any such order for that purpose.
(5) A chief officer of police may make an application under subsection (4) only in respect of a person—
(a) who resides in the chief officer's police area, or
(b) who the chief officer believes is in that area or is intending to come to it.
(6) An application under subsection (4) may be made to any magistrates' court acting for a local justice area that includes—
(a) any part of a relevant police area, or
(b) any place where it is alleged that the person acted in a way mentioned in subsection (4)(b).
(7) If the Director General, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under subsection (4), that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.
(8) Where the defendant is a child, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 103K(1)).
(9) In this section “relevant police area” means—
(a) where the applicant is a chief officer of police, the officer's police area;
(b) where the applicant is the Director General , the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police—
(i) the police area where the person in question resides, or
(ii) a police area which the applicant believes the person is in or is intending to come to.
(1) In section 103A—
“appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which the offender was convicted, found or cautioned as mentioned in subsection (2) or (3) below;
“child” means a person under 18;
“the public” means the public in the United Kingdom;
“sexual harm” from a person means physical or psychological harm caused—
by the person committing one or more offences listed in Schedule 3, or
(in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;
“qualifying offender” means a person within subsection (2) or (3) below;
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.
(2) A person is within this subsection if, whether before or after the commencement of this Part, the person—
(a) has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,
(b) has been found not guilty of such an offence by reason of insanity,
(c) has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
(d) has been cautioned in respect of such an offence.
(3) A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a) the person has been convicted of a relevant offence (whether or not the person has been punished for it),
(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person is not guilty by reason of insanity,
(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence, or
(d) the person has been cautioned in respect of a relevant offence.
(4) In subsection (3), “relevant offence” means an act which—
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.
For this purpose an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law, however it is described in that law.
(5) For the purposes of section 103A, acts, behaviour, convictions and findings include those occurring before the commencement of this Part.
(6) Subject to subsection (7), on an application under section 103A(4) the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,
(b) showing the grounds for that opinion, and
(c) requiring the applicant to prove that the condition is met.
(7) The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).
(8) Subsection (9) applies for the purposes of section 103A and this section.
(9) In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—
(a) to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or
(b) to the age of any person,
is to be disregarded.
(1) A sexual harm prevention order may—
(a) prohibit the defendant from doing anything described in the order;
(b) require the defendant to do anything described in the order.
(2) Subject to section 103D(1), a prohibition or requirement contained in a sexual harm prevention order has effect—
(a) for a fixed period, specified in the order, of at least 5 years, or
(b) until further order.
(3) A sexual harm prevention order—
(a) may specify that some of its prohibitions or requirements have effect until further order and some for a fixed period;
(b) may specify different periods for different prohibitions or requirements.
(4) The only prohibitions or requirements that may be included in a sexual harm prevention order are those necessary for the purpose of—
(a) protecting the public or any particular members of the public from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(4A) The prohibitions or requirements which are imposed on the defendant by a sexual harm prevention order must, so far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs,
(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (6)).
(5) In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
(6) Where a court makes a sexual harm prevention order in relation to a person who is already subject to such an order (whether made by that court or another), or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction), the earlier order ceases to have effect.
(1) A sexual harm prevention order that imposes a requirement to do something on a defendant must specify a person who is to be responsible for supervising compliance with the requirement.
The person may be an individual or an organisation.
(2) Before including such a requirement in a sexual harm prevention order, the court must receive evidence about its suitability and enforceability from—
(a) the individual to be specified under subsection (1), if an individual is to be specified;
(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
(3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 103FA(5) and (6)).
(4) It is the duty of a person specified under subsection (1)—
(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”);
(b) to promote the defendant’s compliance with the relevant requirements;
(c) if the person considers that—
(i) the defendant has complied with all the relevant requirements, or
(ii) the defendant has failed to comply with a relevant requirement,
to inform the appropriate chief officer of police.
(5) In subsection (4)(c) the “appropriate chief officer of police means—
(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the defendant resides, or
(b) if it appears to that person that the defendant resides in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform.
(6) A defendant subject to a requirement imposed by a sexual harm prevention order must—
(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and
(b) notify that person of any change of the defendant’s home address.
These obligations have effect as requirements of the order.
(1) A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.
(2) A “prohibition on foreign travel” means—
(a) a prohibition on travelling to any country outside the United Kingdom named or described in the order,
(b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
(c) a prohibition on travelling to any country outside the United Kingdom.
(3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 103E.
(4) A sexual harm prevention order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—
(a) on or before the date when the prohibition takes effect, or
(b) within a period specified in the order.
(5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual harm prevention order containing a prohibition within subsection (2)(c) (unless the person is subject to an equivalent prohibition under another order).
(6) Subsection (5) does not apply in relation to—
(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
(7) In this section “passport” means—
(a) a United Kingdom passport within the meaning of the Immigration Act 1971;
(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
(c) a document that can be used (in some or all circumstances) instead of a passport.
(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant resides;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d) where the order was made on an application by a chief officer of police under section 103A(4), that officer.
(2A) 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 (2)(b) to (d) must have regard to the list in considering—
(a) whether to apply for an order varying or renewing a sexual harm prevention 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.
(3) An application under subsection (1) may be made—
(a) where the appropriate court is the Crown Court, in accordance with rules of court;
(b) in any other case, by complaint.
(4) Subject to subsections (5) and (7), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual harm prevention order, that the court considers appropriate.
(5) An order may be renewed, or varied so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public or any particular members of the public from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
Any renewed or varied order may contain only such prohibitions and requirements as are necessary for this purpose.
(5A) Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs,
(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the defendant may be subject.
(5B) 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 sexual harm prevention 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.
(6) In subsections (2A), (5) and (5B) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
(7) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—
(a) where the application is made by a chief officer of police, that chief officer, or
(b) in any other case, the chief officer of police for the area in which the defendant resides.
(8) Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions or requirements.
(9) In this section “the appropriate court” means—
(a) where the Crown Court or the Court of Appeal made the sexual harm prevention order, the Crown Court;
(b) where an adult magistrates' court made the order, that court, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(d) where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.
(1) This section applies where an application under section 103A(4) (“the main application”) has not been determined.
(2) An application for an order under this section (“an interim sexual harm prevention order”)—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(2A) 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 who has made, or is considering making, an application under section 103A(4) must have regard to the list in considering—
(a) whether to apply for an interim sexual harm prevention 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 a prohibition on foreign travel to be included in any such order for that purpose.
(3) The court may, if it considers it just to do so, make an interim sexual harm prevention order—
(a) prohibiting the defendant from doing anything described in the order;
(b) requiring the defendant to do anything described in the order.
(3A) 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 to make an interim sexual harm prevention 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 include in any such order a prohibition on foreign travel for that purpose.
(4) Such an order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(5) The applicant or the defendant may by complaint apply to the court that made the interim sexual harm prevention order for the order to be varied, renewed or discharged.
(6) Subsections (2A) and (3A) apply in relation to an application for the variation or renewal of an interim sexual harm prevention order as they apply in relation to an application for such an order.
(7) If the Director General of the National Crime Agency, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under this section, that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.
(8) In subsection (7), “relevant police area” has the same meaning as in section 103A (sexual harm prevention orders: applications and grounds) (see section 103A(9)).
103G SHPOs and interim SHPOs: notification requirements
(1) Where—
(a) a sexual harm prevention order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and
(b) the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
(2) Where a sexual harm prevention order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—
(a) the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and
(b) this Part applies to the defendant, subject to the modification set out in subsection (3).
(3) The “relevant date” is the date of service of the order.
(4) Subsections (1) to (3) apply to an interim sexual harm prevention order as if references to a sexual harm prevention order were references to an interim sexual harm prevention order, and with the omission of “(as renewed from time to time)” in both places.
(5) Where—
(a) a sexual harm prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A), and
(b) by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,
the sexual harm prevention order ceases to have effect.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A defendant may appeal against the making of a sexual harm prevention order—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) where the order was made by virtue of section 103A(2)(a)(ii) or (iii), as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence;
(c) where the order was made on an application under section 103A(4), to the Crown Court.
(2) A defendant may appeal to the Crown Court against the making of an interim sexual harm prevention order.
(3) A defendant may appeal against the making of an order under section 103E, or the refusal to make such an order—
(a) where the application for such an order was made to the Crown Court, to the Court of Appeal;
(b) in any other case, to the Crown Court.
(4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(5) Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 103E(9) or 103F(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).
(A1) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a sexual harm prevention order or an interim sexual harm prevention order, or
(b) fails to do something that the person is required to do by a sexual harm prevention order or an interim sexual harm prevention order,
commits an offence.
(1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a sexual offences prevention order,
(d) an interim sexual offences prevention order, or
(e) a foreign travel order,
commits an offence.
(1A) A person who, without reasonable excuse, fails to do something that the person is required to do by a sexual offences prevention order or an interim sexual offences prevention 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 harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or
(b) an interim sexual harm prevention order made under section 21 of that Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.