Decision No. 1/16 - Extension of the Mandate of the OSCE Representative on Freedom of the Media
A person (A) commits an offence if—
he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
B does not consent to the penetration, and
A does not reasonably believe that B consents.
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
Sections 75 and 76 apply to an offence under this section.
A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
A person (A) commits an offence if—
he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
the penetration is sexual,
B does not consent to the penetration, and
A does not reasonably believe that B consents.
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
Sections 75 and 76 apply to an offence under this section.
A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
A person (A) commits an offence if—
he intentionally touches another person (B),
the touching is sexual,
B does not consent to the touching, and
A does not reasonably believe that B consents.
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
Sections 75 and 76 apply to an offence under this section.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person (A) commits an offence if—
he intentionally causes another person (B) to engage in an activity,
the activity is sexual,
B does not consent to engaging in the activity, and
A does not reasonably believe that B consents.
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
Sections 75 and 76 apply to an offence under this section.
A person guilty of an offence under this section, if the activity caused involved— is liable, on conviction on indictment, to imprisonment for life.
penetration of B’s anus or vagina,
penetration of B’s mouth with a person’s penis,
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
penetration of a person’s mouth with B’s penis,
Unless subsection (4) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person commits an offence if—
he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
the other person is under 13.
A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
A person commits an offence if—
he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,
the penetration is sexual, and
the other person is under 13.
A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
A person commits an offence if—
he intentionally touches another person,
the touching is sexual, and
the other person is under 13.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person commits an offence if—
he intentionally causes or incites another person (B) to engage in an activity,
the activity is sexual, and
B is under 13.
A person guilty of an offence under this section, if the activity caused or incited involved— is liable, on conviction on indictment, to imprisonment for life.
penetration of B’s anus or vagina,
penetration of B’s mouth with a person’s penis,
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
penetration of a person’s mouth with B’s penis,
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person aged 18 or over (A) commits an offence if—
he intentionally touches another person (B),
the touching is sexual, and
either—
B is under 16 and A does not reasonably believe that B is 16 or over, or
B is under 13.
A person guilty of an offence under this section, if the touching involved— is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
penetration of B’s anus or vagina with a part of A’s body or anything else,
penetration of B’s mouth with A’s penis,
penetration of A’s anus or vagina with a part of B’s body, or
penetration of A’s mouth with B’s penis,
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person aged 18 or over (A) commits an offence if—
he intentionally causes or incites another person (B) to engage in an activity,
the activity is sexual, and
either—
B is under 16 and A does not reasonably believe that B is 16 or over, or
B is under 13.
A person guilty of an offence under this section, if the activity caused or incited involved— is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
penetration of B’s anus or vagina,
penetration of B’s mouth with a person’s penis,
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
penetration of a person’s mouth with B’s penis,
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person aged 18 or over (A) commits an offence if—
he intentionally engages in an activity,
the activity is sexual,
for the purpose of obtaining sexual gratification, he engages in it—
when another person (B) is present or is in a place from which A can be observed, and
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and
either—
B is under 16 and A does not reasonably believe that B is 16 or over, or
B is under 13.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person aged 18 or over (A) commits an offence if—
for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
the activity is sexual, and
either—
B is under 16 and A does not reasonably believe that B is 16 or over, or
B is under 13.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
A person commits an offence if—
he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and
doing it will involve the commission of an offence under any of sections 5 to 13.
A person does not commit an offence under this section if—
he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do, and
any offence within subsection (1)(b) would be an offence against a child for whose protection he acts.
For the purposes of subsection (2), a person acts for the protection of a child if he acts for the purpose of— and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child’s participation in it.
protecting the child from sexually transmitted infection,
protecting the physical safety of the child,
preventing the child from becoming pregnant, or
promoting the child’s emotional well-being by the giving of advice,
A person guilty of an offence under this section is liable to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b).
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person aged 18 or over (A) commits an offence if—
A has met or communicated with another person (B) on one or more occasions and subsequently—
A intentionally meets B,
A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or
B travels with the intention of meeting A in any part of the world,
A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,
B is under 16, and
A does not reasonably believe that B is 16 or over.
In subsection (1)—
the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world;
“relevant offence” means—
an offence under this Part,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
anything done outside England and Wales . . . which is not an offence within sub-paragraph (i) . . . but would be an offence within sub-paragraph (i) if done in England and Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
subsection (1) has effect with the substitution of “17” for “16” in both places;
subsection (2)(b)(iii) has effect with the substitution of “sub-paragraph (ii) if done in Northern Ireland” for “sub-paragraph (i) if done in England and Wales”.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person aged 18 or over (A) commits an offence if—
for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),
the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and
B is under 16 and A does not reasonably believe that B is 16 or over.
For the purposes of this section, a communication is sexual if— and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.
any part of it relates to sexual activity, or
a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual;
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
A person aged 18 or over (A) commits an offence if—
he intentionally touches another person (B),
the touching is sexual,
A is in a position of trust in relation to B,
where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
either—
B is under 18 and A does not reasonably believe that B is 18 or over, or
B is under 13.
This subsection applies where A—
is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
is not in such a position of trust by virtue of other circumstances.
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
Where in proceedings for an offence under this section— it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.
it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and
it is not proved that he was in such a position of trust by virtue of other circumstances,
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
A person aged 18 or over (A) commits an offence if—
he intentionally causes or incites another person (B) to engage in an activity,
the activity is sexual,
A is in a position of trust in relation to B,
where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
either—
B is under 18 and A does not reasonably believe that B is 18 or over, or
B is under 13.
This subsection applies where A—
is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
is not in such a position of trust by virtue of other circumstances.
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
Where in proceedings for an offence under this section— it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.
it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and
it is not proved that he was in such a position of trust by virtue of other circumstances,
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
A person aged 18 or over (A) commits an offence if—
he intentionally engages in an activity,
the activity is sexual,
for the purpose of obtaining sexual gratification, he engages in it—
when another person (B) is present or is in a place from which A can be observed, and
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
A is in a position of trust in relation to B,
where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
either—
B is under 18 and A does not reasonably believe that B is 18 or over, or
B is under 13.
This subsection applies where A—
is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
is not in such a position of trust by virtue of other circumstances.
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
Where in proceedings for an offence under this section— it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.
it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and
it is not proved that he was in such a position of trust by virtue of other circumstances,
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
A person aged 18 or over (A) commits an offence if—
for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
the activity is sexual,
A is in a position of trust in relation to B,
where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
either—
B is under 18 and A does not reasonably believe that B is 18 or over, or
B is under 13.
This subsection applies where A—
is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
is not in such a position of trust by virtue of other circumstances.
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
Where in proceedings for an offence under this section— it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.
it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and
it is not proved that he was in such a position of trust by virtue of other circumstances,
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
Anything which, if done in England and Wales . . . , would constitute an offence under any of sections 16 to 19 also constitutes that offence if done in Scotland or Northern Ireland.
For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—
any of the following subsections applies, or
any condition specified in an order made by the Secretary of State is met.
This subsection applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution.
This subsection applies if A looks after persons under 18 who are resident in a home or other place in which— and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.
accommodation and maintenance are provided by an authority in accordance with section 22C(6) of the Children Act 1989 (c. 41) or section 81(6) of the Social Services and Well-being (Wales) Act 2014 ..., or
accommodation is provided by a voluntary organisation under section 59(1) of the Children Act 1989 ...,
This subsection applies if A looks after persons under 18 who are accommodated and cared for in one of the following institutions— and B is accommodated and cared for in that institution.
a hospital,
in Wales, an independent clinic,
a care home, ...
a community home, voluntary home or children’s home, or
a home provided under section 82(5) of the Children Act 1989, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a place in Wales at which a care home service is provided,
premises in Wales at which a secure accommodation service is provided,
This subsection applies if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under— and, in that capacity, looks after B on an individual basis.
sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or
section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,
This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—
in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41) or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 ... on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).
This subsection applies if A is a personal adviser appointed for B under— and, in that capacity, looks after B on an individual basis.
section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, ... or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 106(1) of the Social Services and Well-being (Wales) Act 2014 in respect of category 1 or 2 young persons within the meaning of that Act,
This subsection applies if—
B is subject to a care order, a supervision order or an education supervision order, and
in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis.
This subsection applies if A— and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means).
is an officer of the Service or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) appointed for B under section 41(1) of the Children Act 1989,
is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), ...
is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) ..., or
is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),
This subsection applies if—
B is subject to requirements imposed by or under an enactment on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and
A looks after B on an individual basis in pursuance of the requirements.
The following provisions apply for the purposes of section 21.
Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.
A person (A) looks after another person (B) on an individual basis if—
A is regularly involved in caring for, training or supervising B, and
in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means).
A person receives education at an educational institution if—
he is registered or otherwise enrolled as a pupil or student at the institution, or
he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.
In section 21—
“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);
“relevant person”, in relation to a body, means—
“sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
In section 36 of the Sexual Offences Act 1956 (permitting premises to be used for prostitution), at the end insert “ (whether any prostitute involved is male or female) ”.
section 37 of the Mental Health Act 1983 (c. 20), section 57(2)(a) or 58 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));
“child” means a person under 18;
“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;
In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), after “prostitute” insert “ (whether male or female) ”.
“child” means a person under 18;
“child” means a person under 18;
An offence under— of which the corresponding civil offence (within the meaning of that Act) is an offence listed in any of paragraphs 1 to 35B. A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under an enactment referred to in sub-paragraph (1), as a reference to being sentenced to a term of . . . detention of at least 112 days. In sub-paragraph (2), the reference to detention is to detention awarded under section 71(1)(e) of the Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.
If the Secretary of State decides that it appears as mentioned in paragraph 2(1), the relevant offender ceases, from the beginning of the day on which the decision is recorded under paragraph 3(2)(a), to be subject to the notification requirements of this Part as a result of the conviction, finding or caution in respect of the offence. Sub-paragraph (1) does not affect the operation of this Part as a result of any other conviction, finding or caution or any court order.
Until the coming into force of the repeal by this Act of Part 1 of the Sex Offenders Act 1997 (c. 51), this Schedule has effect as if references to this Part of this Act were references to Part 1 of that Act.
In section 4 of the Vagrancy Act 1824 (rogues and vagabonds) except so far as extending to Northern Ireland, omit the words from “every person wilfully” to “female”.
In the Criminal Law Amendment Act 1885, omit—
in section 2, subsections (2) to (4), and
section 11.
Paragraph 1 of the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3 of that Act) is amended as follows. Before sub-paragraph (a) insert—. In sub-paragraph (a), omit “rape” and “buggery”. In sub-paragraph (b), after paragraph (xii) insert—
In the Sexual Offences Act 1956, omit—
sections 1 to 7, 9 to 17, 19 to 32 and 41 to 47 (offences), and
in Schedule 2 (prosecution, punishment etc.), paragraphs 1 to 32.
The Indecency with Children Act 1960 ceases to have effect.
In section 9 of the Theft Act 1968 (burglary), in subsection (2) omit “or raping any person”.
The Sexual Offences (Amendment) Act 1976 is amended as follows. In section 1 (meaning of “rape”), omit subsection (2). In section 7 (citation, interpretation etc.)—
Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the purposes of that Act) is amended as follows. In paragraph 3, after “Rape” insert “ under the law of Scotland or Northern Ireland ”. For paragraph 9 substitute—.
The Magistrates' Courts Act 1980 is amended as follows. In section 103 (evidence of persons under 14 in committal proceedings), in subsection (2)(c), after “the Protection of Children Act 1978” insert “ or Part 1 of the Sexual Offences Act 2003 ”. In Schedule 7 (consequential amendments), omit paragraph 18.
The Criminal Justice Act 1988 is amended as follows. In section 32 (evidence through television links), in subsection (2)(c), after “the Protection of Children Act 1978” insert “ or Part 1 of the Sexual Offences Act 2003 ”. In section 160(1) (possession of indecent photograph of child), at the beginning insert “ Subject to subsection (1A), ”.
The Criminal Justice and Public Order Act 1994 is amended as follows. In section 25 (no bail if previous conviction for certain offences), for subsection (2)(d) and (e) substitute— Omit sections 142 to 144. In Schedule 10 (consequential amendments) omit paragraphs 26 and 35(2) and (4).
In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 (sexual offences for the purposes of that Act), in paragraph 1—
for sub-paragraph (1)(b) substitute—;
in sub-paragraph (2), for “In sub-paragraph (1)(a), sub-paragraphs (i), (iv), (v) and (vi) do” substitute “ Sub-paragraph (1)(b) does ”.
The Crime and Disorder Act 1998 is amended as follows. Omit sections 2, 2A, 2B and 3 (sex offender orders and interim orders). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omit section 20. In section 21 (procedural provisions with respect to orders)— Omit section 21A. In section 22 (offences in connection with breach of orders), omit subsections (6) and (7). In Schedule 8 (minor and consequential amendments), omit paragraph 144.
The Youth Justice and Criminal Evidence Act 1999 is amended as follows. In section 35 (cross examination of child witnesses), in subsection (3)(a), after sub-paragraph (v) insertor . In section 62 (meaning of “sexual offence” etc.), for subsection (1) substitute—
The Criminal Justice and Courts Services Act 2000 is amended as follows. Omit sections 39 and 66. In section 68 (sexual and violent offenders for the purposes of risk assessment etc.), in subsection (2), for “Part I of the Sex Offenders Act 1997” substitute “ Part 2 of the Sexual Offences Act 2003 ”. In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8)(b), for “Part I of the Sex Offenders Act 1997” substitute “ Part 2 of the Sexual Offences Act 2003 ”. In Schedule 4 (offences against children for the purposes of disqualification orders)— Omit Schedule 5.
In section 74 of the Adoption and Children Act 2002 (status conferred by adoption not to apply for the purposes of certain enactments), in subsection (1) for paragraphs (b) and (c) substituteor
In paragraph 1 of Schedule 1 to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, after sub-paragraph (n) insert—.
In section 4 of the Vagrancy Act 1824 as it extends to Northern Ireland, omit the words from “wilfully, openly, lewdly” to “any female; or”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“adult magistrates’ court” means a magistrates’ court that is not a youth court;
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
“child” means a person under 18;
Rape at common law.
A reference in a preceding paragraph to an offence includes—
a reference to an attempt, conspiracy or incitement to commit that offence, and
except in paragraphs 36 to 43, a reference to aiding, abetting, counselling or procuring the commission of that offence.
In section 28 of the Town Police Clauses Act 1847 (penalty for committing certain acts), omit “Every person who wilfully and indecently exposes his person:”.
The Vagrancy Act 1898 ceases to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit “or rape”, and
after “International Criminal Court Act 2001” insert “or an offence under section 1 of the Sexual Offences Act 2003 (rape)”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit “or rape”, and
before “committed on shore” insert “or an offence under section 1 of the Sexual Offences Act 2003 (rape)”.
In the Sexual Offences Act 1967, omit the following—
section 1 (amendment of law relating to homosexual acts in private),
section 4 (procuring others to commit homosexual acts),
section 5 (living on earnings of male prostitution),
section 7 (time limit on prosecutions),
section 8 (restriction on prosecutions), and
section 10 (past offences).
The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 1 (offences against children and young persons to which special provisions of that Act apply), at the end insert— “ Any offence against a child or young person under any of sections 15 to 19, 47 to 59, 66 and 67 of the Sexual Offences Act 2003 or any attempt to commit such an offence. ”
In the Criminal Law Act 1977, omit section 54 (inciting girl under 16 to have incestuous sexual intercourse).
In section 1(1) of the Protection of Children Act 1978 (indecent photographs of children), at the beginning insert “ Subject to sections 1A and 1B, ”.
In the Criminal Justice Act 1982, in Part 2 of Schedule 1 (offences excluded from early release provisions), after the entry relating to the Proceeds of Crime Act 2002 (c. 29) insert—
In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)(da), for “Part I of the Sex Offenders Act 1997” substitute “ Part 2 of the Sexual Offences Act 2003 ”.
In section 5(6) of the Criminal Law (Consolidation) (Scotland) Act 1995 (which relates to construing the expression “a like offence”), after paragraph (c) insertor .
In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual offences for the purposes of that Act)—
after paragraph 5 insert—;
in paragraph 6, for “1 to 5” substitute “ 5 and 5A ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit sub-paragraphs (c), (e) and (j);
after sub-paragraph (l) insert—
The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Article 23 (protection of child complainants and other child witnesses)—
The Sexual Offences (Amendment) Act 2000 is amended as follows. In section 1 (reduction in age at which certain sexual acts are lawful), omit subsections (1) and (2). In section 2 (defences available to persons under age), omit subsections (1) to (3). Omit sections 3 and 4 (abuse of position of trust) except so far as extending to Scotland. Omit section 5 (notification requirements for offenders under section 3). In section 6 (meaning of “sexual offence” for the purposes of certain enactments), omit subsection (1).
In the Nationality, Asylum and Immigration Act 2002, omit sections 145 and 146 (traffic in prostitution).
In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003, in paragraph 2(d)—
omit sub-paragraph (x),
omit “or” at the end of sub-paragraph (xi),
at the end of sub-paragraph (xii) insert or.
An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.
Clandestine injury to women.
A reference in a preceding paragraph to a person’s age is—
in the case of an indecent photograph, a reference to the person’s age when the photograph was taken;
in any other case, a reference to his age at the time of the offence.
The date is—
where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge;
where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or
where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge.
Abduction of woman or girl with intent to rape.
In this Schedule “community sentence” has—
in relation to England and Wales, the same meaning as in the Sentencing Code, and
in relation to Northern Ireland, the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
The decision of a sheriff—
on an application made under section 88F(1);
on appeal made under subsection (1); and
in relation to the fixed period of the notification continuation order,
Assault with intent to rape or ravish.
For the purposes of paragraphs 14, 44 and 78—
a person is to be taken to have been under 16 at any time if it appears from the evidence as a whole that he was under that age at that time;
section 7 of the Protection of Children Act 1978 (c. 37) (interpretation), subsections (2) to (2C) and (8) to (10) of section 52 of the Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and (3) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each provision applies for the purposes of the Act or Order of which it forms part.
Indecent assault.
A determination under paragraph 60 constitutes part of a person’s sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review.
Lewd, indecent or libidinous behaviour or practices.
Shameless indecency, if a person (other than the offender) involved in the offence was under 18.
Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16.
An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children) if— .
the child was under 16 and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph
An offence under section 52A of that Act (possession of indecent images of children) if— .
the child was under 16 and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph
An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).
An offence under section 107 of that Act (protection of patients).
An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (incest), if a person (other than the offender) involved in the offence was under 18.
An offence under section 2 of that Act (intercourse with a stepchild), if a person (other than the offender) involved in the offence was under 18.
An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).
An offence under section 5 of that Act (unlawful intercourse with girl under 16), save in the case of an offence in contravention of subsection (3) of that section where the offender was under 20.
An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).
An offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse).
An offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).
An offence under section 13(5) of that Act (homosexual offences) unless every person involved (whether in the offence or in the homosexual act) was 16 or over and was a willing participant.
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), where the offender was 20 or over.
An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).
An offence under section 313(1) of that Act (persons providing care services: sexual offences).
An offence in Scotland other than is mentioned in paragraphs 36 to 59ZL if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender’s behaviour in committing the offence.
“the appropriate court” means—
The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows—
medical treatment under anaesthesia or intravenously administered sedation;
dental treatment under general anaesthesia;
obstetric services and, in connection with childbirth, medical services;
termination of pregnancies;
cosmetic surgery, other than—
ear and body piercing;
tattooing;
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if at the time —
B is 16 or over, and
A and B are lawfully married or civil partners of each other.
In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other.
For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—
A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and
A knows that they coach, teach, train, supervise or instruct B, on a regular basis, in that sport or religion.
In subsection (1)—
This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21.
The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.
Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if, immediately before the position of trust arose, a sexual relationship existed between A and B.
Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.
In proceedings for an offence under any of sections 16 to 19 it is for the defendant to prove that such a relationship existed at that time.
A person (A) commits an offence if—
he intentionally touches another person (B),
the touching is sexual,
the relation of A to B is within section 27,
A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
either—
B is under 18 and A does not reasonably believe that B is 18 or over, or
B is under 13.
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.
A person guilty of an offence under this section, if aged 18 or over at the time of the offence, is liable—
where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;
in any other case—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Unless subsection (4) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
This subsection applies where the touching involved—
penetration of B’s anus or vagina with a part of A’s body or anything else,
penetration of B’s mouth with A’s penis,
penetration of A’s anus or vagina with a part of B’s body, or
penetration of A’s mouth with B’s penis.
A person (A) commits an offence if—
he intentionally incites another person (B) to touch, or allow himself to be touched by, A,
the touching is sexual,
the relation of A to B is within section 27,
A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
either—
B is under 18 and A does not reasonably believe that B is 18 or over, or
B is under 13.
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.
A person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable—
where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;
in any other case—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Unless subsection (4) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
This subsection applies where the touching to which the incitement related involved—
penetration of B’s anus or vagina with a part of A’s body or anything else,
penetration of B’s mouth with A’s penis,
penetration of A’s anus or vagina with a part of B’s body, or
penetration of A’s mouth with B’s penis.
The relation of one person (A) to another (B) is within this section if—
it is within any of subsections (2) to (4), or
it would be within one of those subsections but for section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption).
The relation of A to B is within this subsection if—
one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or
A is or has been B’s foster parent.
The relation of A to B is within this subsection if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and—
one of them is or has been the other’s step-parent,
A and B are cousins,
one of them is or has been the other’s stepbrother or stepsister, or
the parent or present or former foster parent of one of them is or has been the other’s foster parent.
The relation of A to B is within this subsection if—
A and B live in the same household, and
A is regularly involved in caring for, training, supervising or being in sole charge of B.
For the purposes of this section—
“aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning;
“cousin” means the child of an aunt or uncle;
a person is a child’s foster parent if
he is a person with whom the child has been placed under section 22C of the Children Act 1989 in a placement falling within subsection (6)(a) or (b) of that section (placement with local authority foster parent),
he fosters the child privately, within the meaning given by section 66(1)(b) of that Act;
he is a person with whom the child has been placed under section 59(1)(a) of that Act (placement by voluntary organisation),
he is a person with whom the child has been placed under section 81 of the Social Services and Well-being (Wales) Act 2014 in a placement falling within subsection (6)(a) or (b) of that section (placement with a local authority foster parent),
a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship;
“step-parent” includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner.
Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if at the time—
B is 16 or over, and
A and B are lawfully married or civil partners of each other.
In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other.
Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if—
the relation of A to B is not within subsection (2) of section 27,
it would not be within that subsection if section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and
immediately before the relation of A to B first became such as to fall within section 27, a sexual relationship existed between A and B.
Subsection (1) does not apply if at the time referred to in subsection (1)(c) sexual intercourse between A and B would have been unlawful.
In proceedings for an offence under section 25 or 26 it is for the defendant to prove the matters mentioned in subsection (1)(a) to (c).
A person (A) commits an offence if—
he intentionally touches another person (B),
the touching is sexual,
B is unable to refuse because of or for a reason related to a mental disorder, and
A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.
B is unable to refuse if—
he lacks the capacity to choose whether to agree to the touching (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of what is being done, or for any other reason), or
he is unable to communicate such a choice to A.
A person guilty of an offence under this section, if the touching involved— is liable, on conviction on indictment, to imprisonment for life.
penetration of B’s anus or vagina with a part of A’s body or anything else,
penetration of B’s mouth with A’s penis,
penetration of A’s anus or vagina with a part of B’s body, or
penetration of A’s mouth with B’s penis,
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person (A) commits an offence if—
he intentionally causes or incites another person (B) to engage in an activity,
the activity is sexual,
B is unable to refuse because of or for a reason related to a mental disorder, and
A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.
B is unable to refuse if—
he lacks the capacity to choose whether to agree to engaging in the activity caused or incited (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of the activity, or for any other reason), or
he is unable to communicate such a choice to A.
A person guilty of an offence under this section, if the activity caused or incited involved— is liable, on conviction on indictment, to imprisonment for life.
penetration of B’s anus or vagina,
penetration of B’s mouth with a person’s penis,
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
penetration of a person’s mouth with B’s penis,
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person (A) commits an offence if—
he intentionally engages in an activity,
the activity is sexual,
for the purpose of obtaining sexual gratification, he engages in it—
when another person (B) is present or is in a place from which A can be observed, and
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
B is unable to refuse because of or for a reason related to a mental disorder, and
A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.
B is unable to refuse if—
he lacks the capacity to choose whether to agree to being present (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or
he is unable to communicate such a choice to A.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person (A) commits an offence if—
for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
the activity is sexual,
B is unable to refuse because of or for a reason related to a mental disorder, and
A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.
B is unable to refuse if—
he lacks the capacity to choose whether to agree to watching or looking (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or
he is unable to communicate such a choice to A.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person (A) commits an offence if—
with the agreement of another person (B) he intentionally touches that person,
the touching is sexual,
A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose,
B has a mental disorder, and
A knows or could reasonably be expected to know that B has a mental disorder.
A person guilty of an offence under this section, if the touching involved— is liable, on conviction on indictment, to imprisonment for life.
penetration of B’s anus or vagina with a part of A’s body or anything else,
penetration of B’s mouth with A’s penis,
penetration of A’s anus or vagina with a part of B’s body, or
penetration of A’s mouth with B’s penis,
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person (A) commits an offence if—
by means of an inducement offered or given, a threat made or a deception practised by him for this purpose, he intentionally causes another person (B) to engage in, or to agree to engage in, an activity,
the activity is sexual,
B has a mental disorder, and
A knows or could reasonably be expected to know that B has a mental disorder.
A person guilty of an offence under this section, if the activity caused or agreed to involved— is liable, on conviction on indictment, to imprisonment for life.
penetration of B’s anus or vagina,
penetration of B’s mouth with a person’s penis,
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
penetration of a person’s mouth with B’s penis,
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person (A) commits an offence if—
he intentionally engages in an activity,
the activity is sexual,
for the purpose of obtaining sexual gratification, he engages in it—
when another person (B) is present or is in a place from which A can be observed, and
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
B agrees to be present or in the place referred to in paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,
B has a mental disorder, and
A knows or could reasonably be expected to know that B has a mental disorder.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person (A) commits an offence if—
for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
the activity is sexual,
B agrees to watch or look because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,
B has a mental disorder, and
A knows or could reasonably be expected to know that B has a mental disorder.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person (A) commits an offence if—
he intentionally touches another person (B),
the touching is sexual,
B has a mental disorder,
A knows or could reasonably be expected to know that B has a mental disorder, and
A is involved in B’s care in a way that falls within section 42.
Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
A person guilty of an offence under this section, if the touching involved— is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
penetration of B’s anus or vagina with a part of A’s body or anything else,
penetration of B’s mouth with A’s penis,
penetration of A’s anus or vagina with a part of B’s body, or
penetration of A’s mouth with B’s penis,
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person (A) commits an offence if—
he intentionally causes or incites another person (B) to engage in an activity,
the activity is sexual,
B has a mental disorder,
A knows or could reasonably be expected to know that B has a mental disorder, and
A is involved in B’s care in a way that falls within section 42.
Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
A person guilty of an offence under this section, if the activity caused or incited involved— is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
penetration of B’s anus or vagina,
penetration of B’s mouth with a person’s penis,
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
penetration of a person’s mouth with B’s penis,
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person (A) commits an offence if—
he intentionally engages in an activity,
the activity is sexual,
for the purpose of obtaining sexual gratification, he engages in it—
when another person (B) is present or is in a place from which A can be observed, and
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
B has a mental disorder,
A knows or could reasonably be expected to know that B has a mental disorder, and
A is involved in B’s care in a way that falls within section 42.
Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
A person (A) commits an offence if—
for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
the activity is sexual,
B has a mental disorder,
A knows or could reasonably be expected to know that B has a mental disorder, and
A is involved in B’s care in a way that falls within section 42.
Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
For the purposes of sections 38 to 41, a person (A) is involved in the care of another person (B) in a way that falls within this section if any of subsections (2) to (4) applies.
This subsection applies if—
B is accommodated and cared for in a care home, community home, voluntary home , children’s home, or premises in Wales at which a secure accommodation service is provided, and
A has functions to perform ... in the course of employment in the home or the premises which have brought him or are likely to bring him into regular face to face contact with B.
This subsection applies if B is a patient for whom services are provided— and A has functions to perform for the body or agency or in the hospital or clinic in the course of employment which have brought A or are likely to bring A into regular face to face contact with B.
by a National Health Service body or an independent medical agency;
in an independent hospital; or
in Wales, in an independent clinic,
This subsection applies if A—
is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B’s mental disorder, and
as such, has had or is likely to have regular face to face contact with B.
In this section—
“National Health Service body” means—
“the appropriate court” means—
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)).
In subsection (5), in the definition of “independent medical agency”, “undertaking” includes any business or profession and—
in relation to a public or local authority, includes the exercise of any functions of that authority; and
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.
Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if at the time—
B is 16 or over, and
A and B are lawfully married or civil partners of each other.
In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other.
Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within section 42, a sexual relationship existed between A and B.
Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.
In proceedings for an offence under any of sections 38 to 41 it is for the defendant to prove that such a relationship existed at that time.
The Protection of Children Act 1978 (c. 37) (which makes provision about indecent photographs of persons under 16) is amended as follows.
In section 2(3) (evidence) and section 7(6) (meaning of “child”), for “16” substitute “ 18 ”.
After section 1 insert—
After section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child) insert—
After section 1A of the Protection of Children Act 1978 (c. 37) insert—
After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) insert—
A person (A) commits an offence if—
he intentionally obtains for himself the sexual services of another person (B),
before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and
either—
B is under 18, and A does not reasonably believe that B is 18 or over, or
B is under 13.
In this section, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.
A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life.
Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable—
where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;
in any other case—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Unless subsection (3) or (4) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
This subsection applies where the offence involved—
penetration of B’s anus or vagina with a part of A’s body or anything else,
penetration of B’s mouth with A’s penis,
penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or
penetration of A’s mouth with B’s penis.
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A person (A) commits an offence if—
he intentionally causes or incites another person (B) to be sexually exploited in any part of the world, and
either—
B is under 18, and A does not reasonably believe that B is 18 or over, or
B is under 13.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person (A) commits an offence if—
he intentionally controls any of the activities of another person (B) relating to B’s sexual exploitation in any part of the world, and
either—
B is under 18, and A does not reasonably believe that B is 18 or over, or
B is under 13.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
A person (A) commits an offence if—
he intentionally arranges or facilitates the sexual exploitation in any part of the world of another person (B), and
either—
B is under 18, and A does not reasonably believe that B is 18 or over, or
B is under 13.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
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For the purposes of sections 48 to 50, a person (B) is sexually exploited if— and “sexual exploitation” is to be interpreted accordingly.
on at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment or a promise of payment to B or a third person, or
an indecent image of B is recorded or streamed or otherwise transmitted ;
In subsection (2), “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.
A person commits an offence if—
he intentionally causes or incites another person to become a prostitute in any part of the world, and
he does so for or in the expectation of gain for himself or a third person.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.
The reference to a person in a street or public place includes a person in a vehicle in a street or public place.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.
A person commits an offence if—
he intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and
he does so for or in the expectation of gain for himself or a third person.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
In sections 52, 53 and 53A, “gain” means—
any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or
the goodwill of any person which is or appears likely, in time, to bring financial advantage.
In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly.
In subsection (2) and section 53A, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.
A person (A) commits an offence if—
A makes or promises payment for the sexual services of a prostitute (B),
a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and
C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).
The following are irrelevant—
where in the world the sexual services are to be provided and whether those services are provided,
whether A is, or ought to be, aware that C has engaged in exploitative conduct.
C engages in exploitative conduct if—
C uses force, threats (whether or not relating to violence) or any other form of coercion, or
C practises any form of deception.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The Sexual Offences Act 1956 (c. 69) is amended as follows.
After section 33 insert—
33A Keeping a brothel used for prostitution (section 33A). (i) on indictment (ii) summarily Seven years Six months, or the statutory maximum, or both.
Schedule 1 (extension of gender-specific prostitution offences) has effect.
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A person commits an offence if he intentionally arranges or facilitates the arrival in the United Kingdom of another person (B) and either—
he intends to do anything to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence, or
he believes that another person is likely to do something to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
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A person commits an offence if he intentionally arranges or facilitates travel within the United Kingdom by another person (B) and either—
he intends to do anything to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence, or
he believes that another person is likely to do something to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
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A person commits an offence if he intentionally arranges or facilitates the departure from the United Kingdom of another person (B) and either—
he intends to do anything to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence, or
he believes that another person is likely to do something to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
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In sections 57 to 59, “relevant offence” means—
an offence under this Part,
an offence under section 1(1)(a) of the Protection of Children Act 1978 (c. 37),
an offence listed in Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),
an offence under Article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)), or
anything done outside England and Wales and Northern Ireland which is not an offence within any of paragraphs (a) to (d) but would be if done in England and Wales or Northern Ireland.
Sections 57 to 59 apply to anything done—
in the United Kingdom, or
outside the United Kingdom, by a body incorporated under the law of a part of the United Kingdom or by an individual to whom subsection (3) applies.
This subsection applies to—
a British citizen,
a British overseas territories citizen,
a British National (Overseas),
a British Overseas citizen,
a person who is a British subject under the British Nationality Act 1981 (c. 61),
a British protected person within the meaning given by section 50(1) of that Act.
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A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—
knowing that B does not consent, and
with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence.
In this section, “relevant sexual offence” means any offence under this Part (including an offence of aiding, abetting, counselling or procuring such an offence).
A person guilty of an offence under this section is liable on conviction on indictment, where the offence is committed by kidnapping or false imprisonment, to imprisonment for life.
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person commits an offence if—
he is a trespasser on any premises,
he intends to commit a relevant sexual offence on the premises, and
he knows that, or is reckless as to whether, he is a trespasser.
In this section—
“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;
Murder.
A reference in a preceding paragraph to an offence includes—
a reference to an attempt, conspiracy or incitement to commit that offence, and
a reference to aiding, abetting, counselling or procuring the commission of that offence.
Culpable homicide.
A reference in a preceding paragraph to a person’s age is a reference to his age at the time of the offence.
Assault.
Assault and robbery.
Abduction.
Plagium.
Wrongful imprisonment.
Threatening personal violence.
Breach of the peace inferring personal violence.
Wilful fireraising.
Culpable and reckless fireraising.
Mobbing and rioting.
An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosives with intent to endanger life or property).
An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).
An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).
An offence under section 17(1) of that Act (use of firearm to resist arrest).
An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
An offence under section 18 of that Act (carrying a firearm with criminal intent).
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
An offence under section 105 of the Mental Health (Scotland) Act 1984 (c. 36) (ill-treatment of patients).
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).
An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
An offence under section 9 of that Act (hijacking of ships).
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
An offence under section 13 of that Act (offences involving threats).
An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
An offence under section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (procuring).
An offence under section 9 of that Act (permitting girl to use premises for intercourse).
An offence under section 11 of that Act (trading in prostitution and brothel-keeping).
An offence under section 12 of that Act (allowing child to be in brothel).
An offence under section 13(9) of that Act (living on earnings of male prostitution etc.).
An offence under section 50A of that Act (racially-aggravated harassment).
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act).
An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).
An offence to which section 74 of that Act applies (offences aggravated by religious prejudice).
An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally disordered person).
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;
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A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
A person aged 16 or over (A) (subject to subsection (3A)) commits an offence if—
he intentionally penetrates another person’s vagina or anus with a part of his body or anything else, or penetrates another person’s mouth with his penis,
the penetration is sexual,
the other person (B) is aged 18 or over,
A is related to B in a way mentioned in subsection (2), and
A knows or could reasonably be expected to know that he is related to B in that way.
The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
“uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;
“nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.
Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was.
Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
Nothing in— is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.
section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or
section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),
A person aged 16 or over (A) (subject to subsection (3A)) commits an offence if—
another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis,
A consents to the penetration,
the penetration is sexual,
B is aged 18 or over,
A is related to B in a way mentioned in subsection (2), and
A knows or could reasonably be expected to know that he is related to B in that way.
The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
“uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;
“nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.
Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was.
Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
Nothing in— is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.
section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or
section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),
A person commits an offence if—
he intentionally exposes his genitals, and
he intends that someone will see them and be caused alarm or distress.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
A person commits an offence if—
for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
he knows that the other person does not consent to being observed for his sexual gratification.
A person commits an offence if—
he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
he knows that B does not consent to his operating equipment with that intention.
A person commits an offence if—
he records another person (B) doing a private act,
he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
he knows that B does not consent to his recording the act with that intention.
A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
A person (A) who intentionally sends or gives a photograph or film of any person’s genitals to another person (B) commits an offence if—
A intends that B will see the genitals and be caused alarm, distress or humiliation, or
A sends or gives such a photograph or film for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress or humiliation.
References to sending or giving such a photograph or film to another person include, in particular—
sending it to another person by any means, electronically or otherwise,
showing it to another person, and
placing it for a particular person to find.
“Photograph” includes the negative as well as the positive version.
“Film” means a moving image.
References to a photograph or film also include—
an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film,
a copy of a photograph, film or image within paragraph (a), and
data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a).
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years.
For the purposes of section 67, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and—
the person’s genitals, buttocks or breasts are exposed or covered only with underwear,
the person is using a lavatory, or
the person is doing a sexual act that is not of a kind ordinarily done in public.
In section 67, “structure” includes a tent, vehicle or vessel or other temporary or movable structure.
For the purposes of sections 67 and 67A, operating equipment includes enabling or securing its activation by another person without that person's knowledge.
A person (A) commits an offence if—
A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,
B does not consent to the sharing of the photograph or film, and
A does not reasonably believe that B consents.
A person (A) commits an offence if—
A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,
A does so with the intention of causing B alarm, distress or humiliation, and
B does not consent to the sharing of the photograph or film.
A person (A) commits an offence if—
A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,
A does so for the purpose of A or another person obtaining sexual gratification,
B does not consent to the sharing of the photograph or film, and
A does not reasonably believe that B consents.
A person (A) commits an offence if—
A threatens to share a photograph or film which shows, or appears to show, another person (B) in an intimate state, and
A does so—
with the intention that B or another person who knows B will fear that the threat will be carried out, or
being reckless as to whether B or another person who knows B will fear that the threat will be carried out.
Subsections (1) to (4) are subject to section 66C (exemptions).
For the purposes of subsections (1) to (3) and section 66C(3)(b)—
“consent” to the sharing of a photograph or film includes general consent covering the particular act of sharing as well as specific consent to the particular act of sharing, and
whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents.
Where a person is charged with an offence under subsection (4), it is not necessary for the prosecution to prove—
that the photograph or film mentioned in the threat exists, or
if it does exist, that it is in fact a photograph or film which shows or appears to show a person in an intimate state.
It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for sharing the photograph or film.
A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
A person who commits an offence under subsection (2), (3) or (4) is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
In subsection (9) “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
if the offence is committed after that time, 51 weeks.
If on the trial of a person charged with an offence under subsection (2) or (3) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1).
The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (12) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.
A person commits an offence if—
he intentionally performs an act of penetration with his penis,
what is penetrated is the vagina or anus of a living animal, and
he knows that, or is reckless as to whether, that is what is penetrated.
A person (A) commits an offence if—
A intentionally causes, or allows, A’s vagina or anus to be penetrated,
the penetration is by the penis of a living animal, and
A knows that, or is reckless as to whether, that is what A is being penetrated by.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1), (2) or (3) if—
the photograph or film was taken in a place to which the public or a section of the public had or were permitted to have access (whether on payment or otherwise),
B had no reasonable expectation of privacy from the photograph or film being taken, and
B was, or A reasonably believes that B was, in the intimate state voluntarily.
For the purposes of subsection (1)(b), whether a person had a reasonable expectation of privacy from a photograph or film being taken is to be determined by reference to the circumstances that the person sharing the photograph or film reasonably believes to have existed at the time the photograph or film was taken.
A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1), (2) or (3) if—
the photograph or film had, or A reasonably believes that the photograph or film had, been previously publicly shared, and
B had, or A reasonably believes that B had, consented to the previous sharing.
A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1) if—
B is a person under 16,
B lacks, or A reasonably believes that B lacks, capacity to consent to the sharing of the photograph or film, and
the photograph or film is shared—
with a healthcare professional acting in that capacity, or
otherwise in connection with the care or treatment of B by a healthcare professional.
A person who shares a photograph or film which shows, or appears to show, a child in an intimate state does not commit an offence under section 66B(1) if the photograph or film is of a kind ordinarily shared between family and friends.
A person who threatens to share a photograph or film which shows, or appears to show, another person in an intimate state does not commit an offence under section 66B(4) if, by reason of this section, the person would not commit an offence under section 66B(1), (2) or (3) by sharing the photograph or film in the circumstances conveyed by the threat.
A person commits an offence if—
he intentionally performs an act of penetration with a part of his body or anything else,
what is penetrated is a part of the body of a dead person,
he knows that, or is reckless as to whether, that is what is penetrated, and
the penetration is sexual.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
This section applies for the purposes of sections 66B and 66C.
A person “shares” something if the person, by any means, gives or shows it to another person or makes it available to another person.
But a provider of an internet service by means of which a photograph or film is shared is not to be regarded as a person who shares it.
“Photograph” and “film” have the same meaning as in section 66A (see subsections (3) to (5) of that section).
Except where a photograph or film falls within subsection (8), a photograph or film shows, or appears to show, another person in an intimate state if it shows or appears to show—
the person participating or engaging in an act which a reasonable person would consider to be a sexual act,
the person doing a thing which a reasonable person would consider to be sexual,
all or part of the person’s exposed genitals, buttocks or breasts,
the person in an act of urination or defecation, or
the person carrying out an act of personal care associated with the person’s urination, defecation or genital or anal discharge.
For the purposes of subsection (5)(c) the reference to all or part of a person’s “exposed” genitals, buttocks or breasts includes—
a reference to all or part of the person’s genitals, buttocks or breasts visible through wet or otherwise transparent clothing,
the case where all or part of the person’s genitals, buttocks or breasts would be exposed but for the fact that they are covered only with underwear, and
the case where all or part of the person’s genitals, buttocks or breasts would be exposed but for the fact that they are obscured, provided that the area obscured is similar to or smaller than an area that would typically be covered by underwear worn to cover a person’s genitals, buttocks or breasts (as the case may be).
In subsection (6)(c) “obscured” means obscured by any means, other than by clothing that a person is wearing, including, in particular, by an object, by part of a person’s body or by digital alteration.
A photograph or film falls within this subsection if (so far as it shows or appears to show a person in an intimate state) it shows or appears to show something, other than breastfeeding, that is of a kind ordinarily seen in public.
For the purposes of subsection (8) “breastfeeding” includes the rearranging of clothing in the course of preparing to breastfeed or having just finished breastfeeding.
A person commits an offence if—
he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,
he intentionally engages in an activity, and,
the activity is sexual.
For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.
A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
A person (A) commits an offence if—
A intentionally creates a purported intimate image of another person (B),
B does not consent to the creation of the purported intimate image, and
A does not reasonably believe that B consents.
“Purported intimate image” of a person means an image which—
appears to be, or to include, a photograph or film of the person (but is not, or is not only, a photograph or film of the person),
appears to be of an adult, and
appears to show the person in an intimate state.
Subsections (5) to (9) of section 66D (person in an intimate state) apply for the purposes of this section as if references in those subsections to a photograph or film were references to an image.
References in this section to creating a purported intimate image of a person do not include doing so by modifying a photograph or film of the person where what is created by the modification is an image which—
appears to show the person, but
does not appear to show—
something within section 66D(5)(a) to (e) (read with subsections (6) and (7) of that section) which is not shown in the photograph or film, or
a person who is not shown in the photograph or film.
It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for creating the purported intimate image.
A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
The Secretary of State must—
review the operation of subsection (5),
publish the outcome of the review in a report before the end of the period of two years beginning with the day on which this section comes into force, and
lay the report before Parliament.
A person (A) commits an offence if—
A intentionally requests the creation of a purported intimate image of another person (B) (either in general or specific terms),
B does not consent to A requesting the creation of the purported intimate image, and
A does not reasonably believe that B consents.
A person (A) commits an offence if—
A intentionally requests that, if a purported intimate image of another person (B) is created, it includes or excludes something in particular (whether relating to B’s appearance, the intimate state in which B is shown or anything else),
B does not consent to A requesting the inclusion or exclusion of that thing, and
A does not reasonably believe that B consents.
References in this section to making a request (however expressed) include doing an act which could reasonably be taken to be a request (such as, for example, indicating agreement in response to an offer or complying with conditions of an offer).
References in this section to making a request (however expressed) are references to—
making a request directed to a particular person or persons, or
making a request so that it is available to one or more persons (or people generally), without directing it to a particular person or persons.
References in this section to consent to a person requesting something are—
in a case described in subsection (4)(a), references to consent to a request being made that is directed to the particular person or persons, and
in a case described in subsection (4)(b), references to consent to a request being made so that it is available to the person or persons (or people generally), as appropriate.
An offence under this section is committed—
regardless of whether the purported intimate image is created,
regardless of whether the purported intimate image, or the particular thing to be included in or excluded from such an image, is also requested by another person, and
regardless of where in the world the person or persons mentioned in subsection (4)(a)and (b) is or are located.
It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for making the request.
A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
In this section, references to a purported intimate image, to creating such an image and to a person shown in an intimate state have the same meaning as in section 66E.
The Secretary of State must—
review the operation of subsection (7),
publish the outcome of the review in a report before the end of the period of two years beginning with the day on which this section comes into force, and
lay the report before Parliament.
This section applies for the purposes of sections 66E and 66F.
“Consent” to an act includes general consent covering the particular act as well as specific consent to that particular act (and see also section 66F(5)).
Whether a belief is “reasonable” is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
“Photograph” includes the negative as well as the positive version.
“Film” means a moving image.
A reference to an “image”, “photograph” or “film” includes data stored by any means which is capable of conversion into an image, photograph or film.
An image of a person appears to be an image of an adult if—
the impression conveyed by the image is that the person shown is aged 18 or over, or
the predominant impression conveyed by the image is that the person shown is aged 18 or over (even if some of the physical characteristics shown are those of a person under 18).
The “maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
if the offence is committed after that time, 51 weeks.
Notwithstanding section 127(1) of the Magistrates’ Courts Act 1980, a magistrates’ court may try an information or written charge relating to an offence under section 66E or 66F if the information is laid or the charge is issued—
before the end of the period of 3 years beginning with the day on which the offence was committed, and
before the end of the period of 6 months beginning with the day on which evidence which the prosecutor thinks is sufficient to justify a prosecution comes to the prosecutor’s knowledge.
A certificate signed by or on behalf of a prosecutor stating the date on which evidence described in subsection (1)(b) came to the prosecutor’s knowledge is conclusive evidence of that fact.
A person commits an offence if the person— for use as a generator of purported intimate images.
makes or adapts a thing, or
supplies or offers to supply a thing,
A “generator of purported intimate images” is a thing for creating, or facilitating the creation of, purported intimate images of a person.
A person makes, adapts, supplies, or offers to supply a thing for use as a generator of purported intimate images if a reasonable person (having regard to all the circumstances) would consider that they do so.
It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to prevent the thing being used for creating, or facilitating the creation of, purported intimate images of a person without the person’s consent.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine (or both).
Section 72(1) applies in relation to an act which, if done in England and Wales, would constitute an offence under this section as if references to a United Kingdom national included—
a body incorporated under the law of any part of the United Kingdom, or
an unincorporated association formed under the law of any part of the United Kingdom.
In this section—
It is a defence for a person charged with an offence under section 66I to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world.
It is a defence for a person charged with an offence under section 66I to prove that the person—
was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”), and
did the act which constituted the offence for the purposes of the exercise of any function of the security body.
“GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994.
It is a defence for a person charged with an offence under section 66I to prove that the person—
was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and
did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.
In subsection (4)—
“OFCOM” means the Office of Communications;
a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023.
An internet service provider does not commit an offence under section 66I by—
providing access to a communication network, or
transmitting, in a communication network, information provided by a user, if the provider does not—
initiate the transmission,
select the recipient of the transmission, or
select or modify the information contained in the transmission.
The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—
is automatic, intermediate and transient,
is solely for the purpose of carrying out the transmission in the network, and
is for no longer than is reasonably necessary for the transmission.
An internet service provider does not commit an offence under section 66I by storing information provided by a user for transmission in a communication network if—
the storage of the information—
is automatic, intermediate and temporary, and
is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and
the internet service provider—
does not modify the information,
complies with any conditions attached to having access to the information, and
on knowing of a matter within subsection (4), promptly removes the information or disables access to it.
The matters within this subsection are that—
the information at the initial source of the transmission has been removed from the network,
access to it has been disabled, or
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
An internet service provider does not commit an offence under section 66I by storing information provided by a user who is not acting under the authority or control of the provider if—
when the information was provided the provider did not know that it was, or contained, a generator of purported intimate images, and
on knowing that the information was, or contained, a generator of purported intimate images, the provider promptly removed the information or disabled access to it.
In this section—
This section applies where an offence under section 66I is committed by a body.
If the offence is committed with the consent or connivance of— the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
a relevant person in relation to the body, or
a person purporting to act in the capacity of a relevant person in relation to the body,
In this section—
A person (A) commits an offence if—
A operates equipment beneath the clothing of another person (B),
A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe— in circumstances where the genitals, buttocks or underwear would not otherwise be visible, and
B's genitals or buttocks (whether exposed or covered with underwear), or
the underwear covering B's genitals or buttocks,
A does so—
without B's consent, and
without reasonably believing that B consents.
A person (A) commits an offence if—
A records an image beneath the clothing of another person (B),
the image is of— in circumstances where the genitals, buttocks or underwear would not otherwise be visible,
B's genitals or buttocks (whether exposed or covered with underwear), or
the underwear covering B's genitals or buttocks,
A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and
A does so—
without B's consent, and
without reasonably believing that B consents.
A person (A) commits an offence if—
A operates equipment,
A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and
A does so—
without B’s consent, and
without reasonably believing that B consents.
A person (A) commits an offence if—
A records an image of another (B) while B is breast-feeding a child,
A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and
A does so—
without B’s consent, and
without reasonably believing that B consents.
The purposes referred to in subsections (1) to (2B) are—
obtaining sexual gratification (whether for A or C);
humiliating, alarming or distressing B.
In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—
in the course of preparing to breast-feed the child, or
having just finished breast-feeding the child.
It is irrelevant for the purposes of subsections (2A) and (2B)—
whether or not B is in a public place while B is breast-feeding the child,
whether or not B’s breasts are exposed while B is breast-feeding the child, and
what part of B’s body—
is, or is intended by A to be, visible in the recorded image, or
is intended by A to be observed.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
In relation to an offence committed before 2 May 2022, the reference in subsection (4)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
If— the United Kingdom national is guilty in England and Wales of that sexual offence.
a United Kingdom national does an act in a country outside the United Kingdom, and
the act, if done in England and Wales ..., would constitute a sexual offence to which this subsection applies,
If— the United Kingdom resident is guilty in England and Wales of that sexual offence.
a United Kingdom resident does an act in a country outside the United Kingdom,
the act constitutes an offence under the law in force in that country, and
the act, if done in England and Wales ..., would constitute a sexual offence to which this subsection applies,
If— proceedings may be brought against the person in England and Wales for that sexual offence as if the person had done the act there.
a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,
the act constituted an offence under the law in force in that country,
the act, if done in England and Wales ..., would have constituted a sexual offence to which this subsection applies, and
the person meets the residence or nationality condition at the relevant time,
The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.
stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion met,
showing his grounds for that opinion, and
requiring the prosecution to prove that it is met.
An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law.
The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,
showing the grounds for that opinion, and
requiring the prosecution to prove that it is met.
But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).
In the Crown Court the question whether the condition is met is to be decided by the judge alone.
In this section—
Schedule 2 lists the sexual offences to which subsections (1) to (3) apply.
A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of— and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the child’s participation in it.
protecting the child from sexually transmitted infection,
protecting the physical safety of the child,
preventing the child from becoming pregnant, or
promoting the child’s emotional well-being by the giving of advice,
This section applies to—
an offence under any of sections 5 to 7 (offences against children under 13);
an offence under section 9 (sexual activity with a child);
an offence under section 13 which would be an offence under section 9 if the offender were aged 18;
an offence under any of sections 16, 25, 30, 34 and 38 (sexual activity) against a person under 16.
This section does not affect any other enactment or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under this Part.
For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.
If in proceedings for an offence to which this section applies it is proved— the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented, and the defendant is to be taken not to have reasonably believed that the complainant consented unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
that the defendant did the relevant act,
that any of the circumstances specified in subsection (2) existed, and
that the defendant knew that those circumstances existed,
The circumstances are that—
any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;
any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;
the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;
the complainant was asleep or otherwise unconscious at the time of the relevant act;
because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;
any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.
In subsection (2)(a) and (b), the reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of sexual activities, a reference to the time immediately before the first sexual activity began.
If in proceedings for an offence to which this section applies it is proved that the defendant did the relevant act and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—
that the complainant did not consent to the relevant act, and
that the defendant did not believe that the complainant consented to the relevant act.
The circumstances are that—
the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;
the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.
In relation to an offence to which sections 75 and 76 apply, references in those sections to the relevant act and to the complainant are to be read as follows— Offence Relevant Act An offence under section 1 (rape). The defendant intentionally penetrating, with his penis, the vagina, anus or mouth of another person (“the complainant”). An offence under section 2 (assault by penetration). The defendant intentionally penetrating, with a part of his body or anything else, the vagina or anus of another person (“the complainant”), where the penetration is sexual. An offence under section 3 (sexual assault). The defendant intentionally touching another person (“the complainant”), where the touching is sexual. An offence under section 4 (causing a person to engage in sexual activity without consent). The defendant intentionally causing another person (“the complainant”) to engage in an activity, where the activity is sexual.
For the purposes of this Part (except sections 15A , 66B to 66D and 71 ), penetration, touching or any other activity is sexual if a reasonable person would consider that—
whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
The following apply for the purposes of this Part.
Penetration is a continuing act from entry to withdrawal.
References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).
“Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.
References to an image of a person (except in sections 66E, 66F , 66G and 66I) include references to an image of an imaginary person.
“Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).
References to observation (however expressed) are to observation whether direct or by looking at an image.
Touching includes touching— and in particular includes touching amounting to penetration.
with any part of the body,
with anything else,
through anything,
“Vagina” includes vulva.
In relation to an animal, references to the vagina or anus include references to any similar part.
A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if—
he is convicted of an offence listed in Schedule 3;
he is found not guilty of such an offence by reason of insanity;
he is found to be under a disability and to have done the act charged against him in respect of such an offence; or
in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.
A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”.
A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—
he was convicted of an offence listed in Schedule 3;
he was found not guilty of such an offence by reason of insanity;
he was found to be under a disability and to have done the act charged against him in respect of such an offence; or
in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.
Subsection (1) does not apply if the notification period ended before the commencement of this Part.
Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—
had not been dealt with in respect of the offence;
was serving a sentence of imprisonment . . . , or was subject to a community order, in respect of the offence;
was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or
was detained in a hospital or was subject to a guardianship order, following the conviction.
Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—
had not been dealt with in respect of the finding; or
was detained in a hospital, following the finding.
Subsection (1)(d) does not apply to a caution given before 1st September 1997.
A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision.
Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect.
The provisions are—
section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);
section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);
section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);
section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);
Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);
Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).
The notification period for a person within section 80(1) or 81(1) is the period in the second column of the following Table opposite the description that applies to him. Description of relevant offender Notification period A person who, in respect of the offence, is or has been sentenced to imprisonment for life , to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 , to an indeterminate custodial sentence under Article 13(4)(a) of the Criminal Justice (Northern Ireland) Order 2008 or to imprisonment for a term of 30 months or more An indefinite period beginning with the relevant date A person who, in respect of the offence, has been made the subject of an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (order for lifelong restriction) An indefinite period beginning with that date A person who, in respect of the offence or finding, is or has been admitted to a hospital subject to a restriction order An indefinite period beginning with that date A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of more than 6 months but less than 30 months 10 years beginning with that date A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of 6 months or less 7 years beginning with that date A person who, in respect of the offence or finding, is or has been admitted to a hospital without being subject to a restriction order 7 years beginning with that date A person within section 80(1)(d) 2 years beginning with that date A person in whose case an order for conditional discharge or, in Scotland, a community payback order imposing an offender supervision requirement, is made in respect of the offence The period of conditional discharge or, in Scotland, the specified period for the offender supervision requirement A person of any other description 5 years beginning with the relevant date
Where a person is under 18 on the relevant date, subsection (1) has effect as if for any reference to a period of 10 years, 7 years, 5 years or 2 years there were substituted a reference to one-half of that period.
Subsection (4) applies where a relevant offender within section 80(1)(a) or 81(1)(a) is or has been sentenced, in respect of two or more offences listed in Schedule 3—
to consecutive terms of imprisonment; or
to terms of imprisonment which are partly concurrent.
Where this subsection applies, subsection (1) has effect as if the relevant offender were or had been sentenced, in respect of each of the offences, to a term of imprisonment which —
in the case of consecutive terms, is equal to the aggregate of those terms;
in the case of partly concurrent terms (X and Y, which overlap for a period Z), is equal to X plus Y minus Z.
Where a relevant offender the subject of a finding within section 80(1)(c) or 81(1)(c) is subsequently tried for the offence, the notification period relating to the finding ends at the conclusion of the trial.
In this Part, “relevant date” means—
in the case of a person within section 80(1)(a) or 81(1)(a), the date of the conviction;
in the case of a person within section 80(1)(b) or (c) or 81(1)(b) or (c), the date of the finding;
in the case of a person within section 80(1)(d) or 81(1)(d), the date of the caution;
in the case of a person within section 81(7), the date which, for the purposes of Part 1 of the Sex Offenders Act 1997 (c. 51), was the relevant date in relation to that person.
Schedule 3A (which provides for the review and discharge of indefinite notification requirements) has effect.
A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).
Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—
immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),
at that time, he had made a notification under subsection (1) in respect of the earlier event, and
throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.
Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—
immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),
at that time, he had made a notification under subsection (1) in respect of the earlier event, and
throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
The information is—
the relevant offender’s date of birth;
his national insurance number;
his name on the relevant date and, where he used one or more other names on that date, each of those names;
his home address on the relevant date;
his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;
his home address on the date on which notification is given;
the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;
any prescribed information.
When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—
remanded in or committed to custody by an order of a court or kept in service custody;
serving a sentence of imprisonment or a term of service detention;
detained in a hospital; or
outside the United Kingdom.
In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.
In this Part, “home address” means, in relation to any person—
the address of his sole or main residence in the United Kingdom, or
where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.
A relevant offender must, within the period of 3 days beginning with— notify to the police that name, the new home address, the address of those premises , the prescribed details or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5).
his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),
any change of his home address,
his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997,
his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,
any prescribed change of circumstances, or
A notification under subsection (1) may be given before the name is used, the change of home address or the prescribed change of circumstances occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.
If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).
If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—
the notification does not affect the duty imposed by subsection (1), and
the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.
Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).
In this section, “qualifying period” means—
a period of 7 days, or
two or more periods, in any period of 12 months, which taken together amount to 7 days.
In this section—
“prescribed change of circumstances” means any change—
occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and
of a description prescribed by regulations made by the Secretary of State;
“the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.
A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).
Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—
immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),
at that time, he had made a notification under subsection (1) in respect of the earlier event, and
throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.
Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—
immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),
at that time, he had made a notification under subsection (1) in respect of the earlier event, and
throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
The information is—
the relevant offender’s date of birth;
his national insurance number;
his name on the relevant date and, where he used one or more other names on that date, each of those names;
his home address on the relevant date;
his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;
his home address on the date on which notification is given;
the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;
whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A);
such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations.
The details are—
the issuing authority;
the number;
the dates of issue and expiry;
the name and date of birth given as being those of the passport holder.
When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—
remanded in or committed to custody by an order of a court;
serving a sentence of imprisonment or a term of service detention;
detained in a hospital; or
outside the United Kingdom.
In this Part, “home address” means, in relation to any person—
the address of his sole or main residence in the United Kingdom, or
where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.
In this section, “passport” means—
a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77);
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;
a document that can be used (in some or all circumstances) instead of a passport.
A relevant offender must, within the applicable period after each event within subsection (2), notify to the police the information set out in section 83(5), unless within that period he has given a notification under section 84(1).
The events are—
the commencement of this Part (but only in the case of a person who is a relevant offender from that commencement);
any notification given by the relevant offender under section 83(1) or 84(1); and
any notification given by him under subsection (1).
Where the applicable period would (apart from this subsection) end whilst subsection (4) applies to the relevant offender, that period is to be treated as continuing until the end of the period of 3 days beginning when subsection (4) first ceases to apply to him.
This subsection applies to the relevant offender if he is—
remanded in or committed to custody by an order of a court or kept in service custody,
serving a sentence of imprisonment or a term of service detention,
detained in a hospital, or
outside the United Kingdom.
In this section, the “applicable period” means—
in any case where subsection (6) applies to the relevant offender, such period not exceeding one year as the Scottish Ministers may prescribe in regulations, and
in any other case, the period of one year.
This subsection applies to the relevant offender if the last home address notified by the offender under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).
In this section, “the applicable period” means—
in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and
in any other case, the period of one year.
This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).
The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders—
to give in accordance with the regulations, before they leave, a notification under subsection (2);
if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).
A notification under this subsection must disclose—
the date on which the offender will leave the United Kingdom;
the country (or, if there is more than one, the first country) to which he will travel and his point of arrival (determined in accordance with the regulations) in that country;
any other information prescribed by the regulations which the offender holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.
A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A relevant offender must, within the period of 3 days beginning with— notify to the police that name, the new home address, the address of those premises or the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations, and (in addition) the information set out in section 83(5).
his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),
any change of his home address,
his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997, . . .
his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,
his losing or ceasing to have a passport notified to the police under section 83(1) or this subsection,
his receiving a passport which has not been notified to the police under section 83(1) or this subsection, or
the occurrence, in relation to information required to be notified by virtue of regulations made under section 83(5)(i), of an event prescribed by the Scottish Ministers in regulations,
In subsection (1), “passport” has the same meaning as in section 83.
A notification under subsection (1) may be given before the name is used, the change of home address occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.
If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).
If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—
the notification does not affect the duty imposed by subsection (1), and
the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.
Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).
In this section, “qualifying period” means—
a period of 7 days, or
two or more periods, in any period of 12 months, which taken together amount to 7 days.
A person gives a notification under section 83(1), 84(1) or 85(1) by—
attending at the police station in the person’s local police area that is for the time being specified in a document published for that local police area under this section or, if there is more than one such police station, at any one of them, and
giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
A person giving a notification under section 84(1)— may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.
in relation to a prospective change of home address, or
in relation to premises referred to in subsection (1)(c) of that section,
Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.
The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification under section 83(1), 84(1) or 85(1).
Where a notification is given under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—
take his fingerprints,
photograph any part of him, or
do both these things.
A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.
The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsections (2) to (4) Subsections (2) and (2A) apply for the purposes of section 87.
“Photograph” includes any process by means of which an image may be produced.
“Local police area” means, in relation to a person—
the police area in which his home address is situated;
in the absence of a home address, the police area in which the home address last notified is situated;
in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (4) is situated.
“Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.
The ways are— and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.
dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;
dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;
making, in respect of a person, 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);
making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland);
Subsection (3) applies as if Northern Ireland were a police area.
This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence).
If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).
The information is—
the date on which the relevant offender will leave that home address;
such details as the relevant offender holds about—
his travel arrangements during the relevant period;
his accommodation arrangements during that period;
his date of return to that home address.
In this section— “travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel, “accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation.
Where— the relevant offender must give a further notification under subsection (2).
a relevant offender has given a notification under subsection (2), and
at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete,
Where a relevant offender— the relevant offender must notify the date of his actual return to the police within 3 days of his actual return.
has notified a date of return to his home address, but
returns to his home address on a date other than that notified,
Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86.
In calculating the relevant period for the purposes of this section there is to be disregarded—
any period or periods which the relevant offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 83(5)(g) notified to the police under section 83 or 85;
any period or periods which the relevant offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 84(1)(c).
This section applies in relation to any relevant period which begins on or after the day after the coming into operation of section 2 of the Criminal Justice Act (Northern Ireland) 2013.
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. 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
Where this subsection applies—
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
the parent must ensure that the young offender attends at the police station with him, when a notification is being given.
In the Table—
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,
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.
A direction under subsection (1) takes immediate effect and applies—
until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or
for such shorter period as the court may, at the time the direction is given, direct.
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”)—
who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and
who the chief officer believes is under 18.
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”)—
who resides in that area, or who the chief constable believes is in or is intending to come to that area, and
who the chief constable believes is under 16.
A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a direction under section 89(1).
The persons are—
the young offender;
the parent;
the chief officer of police for the area in which the young offender resides;
a chief officer of police who believes that the young offender is in, or is intending to come to, his police area;
in Scotland—
where the appropriate court is a civil court, the chief constable of the Police Service of Scotland; and
in any other case, the prosecutor;
where the direction was made on an application under section 89(4), the chief officer of police who made the application;
where the direction was made on an application under section 89(5), the chief constable who made the application.
An application under subsection (1) may be made—
where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court;
in any other case, by complaint (or, in Scotland, by summary application).
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.
In this section, the “appropriate court” means—
where the Court of Appeal made the order, the Crown Court;
in any other case, the court that made the direction under section 89(1).
A person commits an offence if he—
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
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.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
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.
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.
A person gives a notification under section 83(1), 84(1) or 85(1) by—
attending at such police station ... as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and
giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
A person giving a notification under section 84(1)— may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.
in relation to a prospective change of home address, or
in relation to premises referred to in subsection (1)(c) of that section,
Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.
Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), do one or more of the following—
allow the officer or person to photograph any part of the offender,
allow the officer or person to take from the offender, or provide to the officer or person, such relevant physical data as the officer or person considers appropriate,
allow the officer or person to take from the offender any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 by the means specified in that paragraph in relation to that sample,
allow the officer or person to take from the offender any sample mentioned in subsection (6A) of that section by the means specified in that subsection.
Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), produce each passport he has to that officer or person, for inspection by that officer or person.
In subsection (5B), “passport” has the same meaning as in section 83.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (2) applies where on any date a person is—
convicted of an offence listed in Schedule 3;
found not guilty of such an offence by reason of insanity; or
found to be under a disability and to have done the act charged against him in respect of such an offence.
If the court by or before which the person is so convicted or found— the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
states in open court—
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
that the offence in question is an offence listed in Schedule 3, and
certifies those facts, whether at the time or subsequently,
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.
If the constable— the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
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
certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,
A person gives a notification under section 83(1), 84(1) , 85(1) or 85A(2) or (6) by—
attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and
giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
A person giving a notification under section 84(1)— may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.
in relation to a prospective change of home address, or
in relation to premises referred to in subsection (1)(c) of that section,
Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.
Where a notification is given under section 83(1), 84(1) , 85(1) or 85A(2) or (6), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—
take his fingerprints,
photograph any part of him, or
do both these things.
The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 4 (procedure for ending notification requirements for abolished homosexual offences acts which are no longer offences) has effect.
Sections 88B to 88H apply to—
a person who, on or after 28th January 2011, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and
a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of—
section 80(1);
section 81(1); or
a notification order made under section 97(5).
A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.
For the purposes of this Part, the date of discharge is—
where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date;
where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date.
In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was— before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part.
remanded in or committed to custody by order of a court;
serving a sentence of imprisonment or a term of service detention;
detained in hospital; or
outside the United Kingdom,
Subsection (4) applies where—
the relevant sex offender is subject to the notification requirements of this Part;
after the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part, the relevant sex offender was sentenced to a period of imprisonment or a term of service detention in respect of the offence (or offences) to which the notification requirements relate; and
the date of discharge would, apart from subsection (4), fall on or after 28th January 2011.
In determining the date of discharge under subsection (1), there is also to be disregarded any time when the relevant sex offender was serving a sentence of imprisonment or a term of service detention in respect of that offence (or those offences).
Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order.
In this section and section 88D “relevant date”—
in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6)(a) to (c);
in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).
The relevant chief constable must no later than the date of discharge—
make a notification continuation order in respect of the relevant sex offender; or
notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge.
A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge.
The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.
In deciding whether to make a notification continuation order, the relevant chief constable must take into account—
the seriousness of the offence (or offences)— which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period;
of which the relevant sex offender was convicted;
of which the relevant sex offender was found not guilty by reason of insanity;
in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or
in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland,
the period of time which has elapsed since the relevant sex offender committed the offence (or offences);
where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997;
whether the relevant sex offender has committed any offence under section 91 of this Act;
the age of the relevant sex offender at the time of the decision;
the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed;
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 relevant sex offender at the time the offence was committed;
any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3;
any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3;
whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded;
any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005;
any other submission or evidence of the risk of sexual harm posed by the relevant sex offender to the public, or any particular members of the public, in the United Kingdom;
any submission or evidence presented by or on behalf of the relevant sex offender which demonstrates that the relevant sex offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and
any other matter which the relevant chief constable considers to be appropriate.
A notification continuation order must state—
the reasons why the order was made; and
the reasons for the determination of the fixed period in the order.
A notification continuation order must be notified to the relevant sex offender by—
the relevant chief constable sending a copy of the order to the relevant sex offender by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or
a constable serving a copy of the order on the relevant sex offender.
In this section—
In this section and sections 88D to 88G, “relevant chief constable” means the chief constable of the Police Service of Scotland.
This section applies to a case where—
the conditions in subsection (2) are satisfied in relation to a relevant sex offender falling within section 88A(1)(b)(ii); and
the relevant chief constable was, under this section as it had effect before the coming into force of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011, under the duty in subsection (4).
The conditions referred to in subsection (1)(a) are that the person—
was aged under 18 on the relevant date; and
after disregarding any time referred to in subsection (3), had been subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 and this Part for a total period of at least 8 years on 25th October 2010.
That time is any time during which the relevant sex offender was— before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997.
remanded in or committed to custody by order of the court;
serving a sentence of imprisonment or a term of service detention;
detained in hospital; or
outside the United Kingdom,
The duty referred to in subsection (1)(b) is a duty, no later than the applicable date, to—
make a notification continuation order in respect of the relevant sex offender; or
notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date.
In this section the “applicable date” is 25th January 2011.
Where a notification continuation order has been made, the relevant chief constable must no later than the further date of discharge—
make another notification continuation order in respect of the relevant sex offender; or
notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the further date of discharge.
Section 88C(2) to (8) applies in relation to this section, but a reference to the date of discharge is to be read as a reference to the further date of discharge.
Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part.
An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.
On an application under subsection (1), the sheriff may—
make the order sought in the application; or
make a notification continuation order in respect of the relevant sex offender.
Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but—
a reference to the relevant chief constable is to be read as a reference to the sheriff;
if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and
if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge.
The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application.
Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.
The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if—
sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or
personally served on the relevant sex offender and the relevant chief constable.
The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10).
The Secretary of State may by order amend— the periods specified in sections 88B(1)(a) and (b); and the fixed period specified in section 88C(2).
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.
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.
A person commits an offence if he—
fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), 87(5A)or (5B) or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or
notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
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) 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.
Proceedings for an offence under this section may be commenced in any court—
having jurisdiction in any place where the accused—
resides;
is last known to have resided; or
is found;
which has convicted the accused of an offence if the accused is subject to the notification requirements of this Part by virtue of that conviction; or
which has made an order under section 104(1)(b) in respect of the accused if the accused is subject to those requirements by virtue of that order.
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”).
A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—
subject to the indefinite notification requirements; and
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).
The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—
section 80(1);
section 81(1); or
a notice given under section 96ZA.
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).
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).
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.
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.
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.
Subject to subsection (7), the qualifying date is—
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
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.
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.
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.
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.
If subsection (5) applies, the further qualifying date is the day after the end of the period determined under that subsection.
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.
The relevant chief officer of police within 14 days of receipt of an application for review—
must give an acknowledgment of receipt of the application to the qualifying relevant offender, and
may notify a responsible body that the application has been made.
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.
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—
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;
serving a sentence of imprisonment or a term of service detention in relation to that conviction;
being detained in hospital in relation to that conviction.
For the purposes of this Part—
“responsible body” means—
the probation trust for any area that includes any part of the police area concerned,
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,
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
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;
“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.
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)—
determine the application for review, and
give notice of the determination to the qualifying relevant offender.
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.
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—
contain a statement of reasons for the determination, and
inform the qualifying relevant offender that he may appeal the determination in accordance with section 91E.
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.
The Secretary of State may by order amend the period in subsection (1).
In determining an application for review under section 91C, the relevant chief officer of police must—
have regard to information (if any) received from a responsible body;
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
take into account the matters listed in subsection (2).
The matters are—
the seriousness of the offence in relation to which the qualifying relevant offender became subject to the indefinite notification requirements;
the period of time which has elapsed since the qualifying relevant offender committed the offence (or other offences);
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;
whether the qualifying relevant offender has committed any offence under section 91;
the age of the qualifying relevant offender at the qualifying date or further qualifying date;
the age of the qualifying relevant offender at the time the offence referred to in paragraph (a) was committed;
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;
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;
any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;
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);
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;
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;
any other submission or evidence of the risk of sexual harm posed by the qualifying relevant offender;
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
any other matter which the relevant chief officer of police considers to be appropriate.
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—
constituted an offence under the law in force in the country concerned, and
would have constituted an offence listed in Schedule 3 or Schedule 5 if it had been done in any part of the United Kingdom.
A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91C.
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.
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.
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.
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.
The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
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.
This section applies to information notified to the police under—
section 83, 84 or 85, or
section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).
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— for use for the purpose of verifying the information.
the Secretary of State,
a Northern Ireland Department, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a person providing services to the Secretary of State ... or a Northern Ireland Department in connection with a relevant function,
The persons are—
a chief officer of police (in Scotland, the chief constable of the Police Service of Scotland),
the Director General of the National Crime Agency.
the Director General of the National Criminal Intelligence Service,
the Director General of the National Crime Squad.
In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—
checking its accuracy by comparing it with information held—
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
where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and
compiling a report of that comparison.
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).
This section does not authorise the doing of anything that contravenes the data protection legislation.
This section does not affect any power existing apart from this section to supply information.
In this section—
This Schedule applies where a relevant offender is subject to the notification requirements of this Part as a result of a conviction, finding or caution in respect of an offence under—
section 12 or 13 of the Sexual Offences Act 1956 (c. 69) (buggery or indecency between men), or
section 61 of the Offences against the Person Act 1861 (c. 100) or section 11 of the Criminal Law Amendment Act 1885 (c. 69) (corresponding Northern Ireland offences).
A report compiled under section 94 may be supplied by— to a person within subsection (2).
the Secretary of State,
a Northern Ireland Department, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a person within section 94(2)(c),
The persons are—
a chief officer of police (in Scotland, the chief constable of the Police Service of Scotland),
the Serious Organised Crime Agency.
the Director General of the National Crime Squad.
Such a report may contain any information held—
by the Secretary of State ... or a Northern Ireland Department in connection with the exercise of a relevant function, or
by a person within section 94(2)(c) in connection with the provision of services referred to there.
Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—
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
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.
Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94.
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.
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.
The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender.
The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide—
any information about the offender, or
a photograph of any part of the offender.
In subsection (2A), “photograph” is to be construed in accordance with section 88(2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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—
it appears to the chief constable that the following three conditions are met with respect to the person, and
the person resides in Scotland or the chief constable believes that the person is in, or is intending to come to, Scotland.
The first condition is that under the law in force in a country outside the United Kingdom—
the person has been convicted of a relevant offence (whether or not the person has been punished for it),
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,
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
the person has been cautioned in respect of a relevant offence.
The second condition is that—
the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,
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
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).
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.
If on the application it is proved that the conditions in subsections (2) to (4) are met, the sheriff must make a notification order.
In this section and section 98, “relevant offence” has the meaning given by section 99.
A record of evidence must be kept on any application for an order under this section.
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— 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.
given to the person named in the order,
sent to the person by registered post, or
sent to the person by the recorded delivery service,
Where a notification order is made—
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
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.
The “relevant date” means—
in the case of a person within section 97(2)(a), the date of the conviction;
in the case of a person within section 97(2)(b) or (c), the date of the finding;
in the case of a person within section 97(2)(d), the date of the caution.
In section 82—
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;
the reference in the Table to section 80(1)(d) is to be read as a reference to section 97(2)(d);
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;
the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.
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.
“Relevant offence” in sections 97 and 98 means an act which—
constituted an offence under the law in force in the country concerned, and
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.
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.
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—
stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
showing his grounds for that opinion, and
requiring the applicant to prove that the condition is met.
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).
This section applies where an application for a notification order (“the main application”) has not been determined.
An application for an order under this section (“an interim notification order”)—
may be made in ... the main application, or
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.
The court may, if it considers it just to do so, make an interim notification order.
Such an order—
has effect only for a fixed period, specified in the order;
ceases to have effect, if it has not already done so, on the determination of the main application.
While such an order has effect—
the person in respect of whom the order has effect is subject to the notification requirements of this Part;
this Part applies to the person, subject to the modification set out in subsection (6).
The “relevant date” means the date of service of the order.
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.
A record of evidence must be kept on any application for an order under this section.
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— to be given to the person named in the order or to be sent to the person in accordance with subsection (7C).
the order as so made, varied or renewed, or
the interlocutor by which discharge is effected,
A copy of the order may be sent to the person named in the order— 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.
by registered post, or
by the recorded delivery service,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Scotland—
an interlocutor granting or refusing a notification order or interim notification order is an appealable interlocutor; and
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 97 to 100 apply to Scotland with the following modifications—
references to a chief officer of police and to his police area are to be read, respectively, as references to a chief constable and to the area of his police force;
references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
an application for a notification order or interim notification order is made by summary application to any sheriff within whose sheriffdom lies any part of the area of the applicant’s police force (references to “the court” being construed accordingly).
A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.
The clerk of the court by which, by virtue of that subsection, a notification order or interim notification order is made, varied, renewed or discharged shall cause a copy of, as the case may be— to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate).
the order as so made, varied or renewed; or
the interlocutor by which discharge is effected,
This section applies to a person (“P”) if the following 3 conditions are met with respect to P.
The first condition is that under the law in force in a country outside the United Kingdom—
P has been convicted of a relevant offence (whether or not P has been punished for it),
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,
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
P has been cautioned in respect of a relevant offence.
The second condition is that—
the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,
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
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).
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.
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—
in all cases, to the modifications set out below; and
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.
The “relevant date” means—
in the case where P is within subsection (2)(a), the date of the conviction;
in the case where P is within subsection (2)(b) or (c), the date of the finding;
in the case where P is within subsection (2)(d), the date of the caution.
In section 82—
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;
the reference in the Table to section 80(1)(d) is to be read as a reference to subsection (2)(d);
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;
the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.
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.
Section 83 has effect as if after subsection (1) there were inserted—.
Section 83(4) has effect as if—
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
in paragraph (a) for the words “the order was made” there were substituted “ he became a person to whom section 96A applies ”.
In this section “relevant offence” means an act which— 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.
constituted an offence under the law in force in the country concerned, and
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;
The further provisions referred to in section 96A(5)(b) are as follows.
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).
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).
A conviction, finding or caution falls within this subsection if the relevant court is satisfied—
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
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).
In this section—
A court may make an order under this section in respect of a person (“the defendant”) where any of subsections (2) to (4) applies to the defendant and—
where subsection (4) applies, it is satisfied that the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant;
in any other case, it is satisfied that it is necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
This subsection applies to the defendant where the court deals with him in respect of an offence listed in Schedule 3 or 5.
This subsection applies to the defendant where the court deals with him in respect of a finding—
that he is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or
that he is under a disability and has done the act charged against him in respect of such an offence.
This subsection applies to the defendant where—
an application under subsection (5) has been made to the court in respect of him, and
on the application, it is proved that he is a qualifying offender.
A chief officer of police may by complaint to a magistrates' court apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area if it appears to the chief officer that—
the person is a qualifying offender, and
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.
An application under subsection (5) may be made to any magistrates' court whose commission area includes—
any part of the applicant’s police area, or
any place where it is alleged that the person acted in a way mentioned in subsection (5)(b).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A chief constable may apply for an order under this section in respect of a person who he believes is in, or is intending to come to, the area of his police force if it appears to the chief constable that—
the person has been convicted of, found not guilty by reason of insanity of or found to be under a disability and to have done the act charged against him in respect of—
an offence listed in paragraph 60 of Schedule 3; or
before the commencement of this Part, an offence in Scotland other than is mentioned in paragraphs 36 to 59 of that Schedule if the chief constable considers that had the conviction or finding been after such commencement it is likely that a determination such as is mentioned in paragraph 60 would have been made in relation to the offence; and
the person has since the conviction or finding acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
An application under subsection (1) may be made by summary application to a sheriff within whose sheriffdom lies—
any part of the area of the applicant’s police force; or
any place where it is alleged that the person acted in a way mentioned in subsection (1)(b).
The sheriff may make the order where satisfied—
that the person’s behaviour since the conviction or finding makes it necessary to make such an order, for the purposes of protecting the public or any particular members of the public from serious sexual harm from the person; and
where the application is by virtue of subsection (1)(a)(ii), that there was a significant sexual aspect to the person’s behaviour in committing the offence.
Subsection (3) of section 106 applies for the purposes of this section as it applies for the purposes of section 104 and subsections (2) and (3) of section 112 apply in relation to a summary application made by virtue of subsection (1) as they apply in relation to one made by virtue of subsection (1)(g) of that section.
In this Part, “sexual offences prevention order” means an order under section 104 or 105.
Subsections (3) to (8) apply for the purposes of section 104.
“Protecting the public or any particular members of the public from serious sexual harm from the defendant” means protecting the public in the United Kingdom or any particular members of that public from serious physical or psychological harm, caused by the defendant committing one or more offences listed in Schedule 3.
Acts, behaviour, convictions and findings include those occurring before the commencement of this Part.
“Qualifying offender” means a person within subsection (6) or (7).
A person is within this subsection if, whether before or after the commencement of this Part, he—
has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,
has been found not guilty of such an offence by reason of insanity,
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
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—
he has been convicted of a relevant offence (whether or not he has been punished for it),
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
he has been cautioned in respect of a relevant offence.
“Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (6) or (7).
In subsection (7), “relevant offence” means an act which—
constituted an offence under the law in force in the country concerned, and
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.
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 (9), however it is described in that law.
Subject to subsection (12), on an application under section 104(5) the condition in subsection (9)(b) (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—
stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
showing his grounds for that opinion, and
requiring the applicant to prove that the condition is met.
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 (11).
Subsection (14) applies for the purposes of section 104 and this section in their application in relation to England and Wales or Northern Ireland.
In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates— is to be disregarded.
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
to the age of any person,
A sexual offences prevention order—
prohibits the defendant from doing anything described in the order or requires the defendant to do anything described in the order (or both), and
has effect for a fixed period (not less than 5 years) specified in the order or until further order.
The only prohibitions or requirements that may be included in the order are those necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
Where— the defendant remains subject to the notification requirements.
an order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and
the defendant would (apart from this subsection and sections 88F and 88G) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,
Where an order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—
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
this Part applies to the defendant, subject to the modification set out in subsection (5).
Where— the sexual offences prevention order ceases to have effect.
a sexual offences prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A); and
by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,
The “relevant date” is the date of service of the order.
Subsection (3A) applies to the orders mentioned in section 108(8)(b) and (c) as it applies to sexual offences prevention orders.
Where a court makes a sexual offences prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
Section 106(3) applies for the purposes of this section and section 108.
A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual offences prevention order.
The persons are—
the defendant;
the chief officer of police for the area in which the defendant resides;
a chief officer of police who believes that the defendant is in, or is intending to come to, his police area;
where the order was made on an application under section 104(5), the chief officer of police who made the application.
An application under subsection (1) may be made—
where the appropriate court is the Crown Court, in accordance with rules of court;
in any other case, by complaint.
Subject to subsections (5) and (6), 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 offences prevention order, that the court considers appropriate.
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 protecting the public or any particular members of the public from serious sexual harm from the defendant (and any renewed or varied order may contain only such prohibitions or requirements as are necessary for this purpose).
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—
where the application is made by a chief officer of police, that chief officer, or
in any other case, the chief officer of police for the area in which the defendant resides.
In this section “the appropriate court” means—
where the Crown Court or the Court of Appeal made the sexual offences prevention order, the Crown Court;
where a magistrates' court made the order, that court, a magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer’s police area;
where a youth court made the order, 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 whose commission area includes any part of the chief officer’s police area.
This section applies to orders under— as it applies to sexual offences prevention orders.
section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders),
section ... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in ... Scotland), and
Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland),
This section applies where an application under section 104(5) or 105(1) (“the main application”) has not been determined.
An application for an order under this section (“an interim sexual offences prevention order”)—
may be made by the complaint by which the main application is made, or
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.
The court may, if it considers it just to do so, make an interim sexual offences prevention order, prohibiting the defendant from doing anything described in the order or requiring the defendant to do anything described in the order (or both).
Such an order—
has effect only for a fixed period, specified in the order;
ceases to have effect, if it has not already done so, on the determination of the main application.
Section 107(3) 107(2) Section 107(2) to (5) apply to an interim sexual offences prevention order as if references to an order were references to such an order, and with the omission of “as renewed from time to time” in both places.
The applicant or the defendant may by complaint apply to the court that made the interim sexual offences prevention order for the order to be varied, renewed or discharged.
Subsection (6) applies to orders under— as it applies to interim sexual offences prevention orders.
section ... 20(4)(a) of the Crime and Disorder Act 1998 (c. 37) (interim orders made in ... Scotland), and
Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (interim orders made in Northern Ireland),
A defendant may appeal against the making of a sexual offences prevention order—
where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;
where section 104(3) (but not section 104(2)) applied to him, as if he had been convicted of the offence and the order were a sentence passed on him for that offence;
where the order was made on an application under section 104(5), to a county court.
A defendant may appeal to a county court against the making of an interim sexual offences prevention order.
A defendant may appeal against the making of an order under section 108, or the refusal to make such an order—
where the application for such an order was made to the Crown Court, to the Court of Appeal;
in any other case, to a county court.
On an appeal under subsection (1)(c), (2) or (3)(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.
Any order made by a county court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 108(7) or 109(6) (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).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an interlocutor granting, refusing, varying, renewing or discharging a sexual offences prevention order or interim sexual offences prevention order is an appealable interlocutor; and
where an appeal is taken against an interlocutor so granting, varying or renewing 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 104 and 106 to 109 apply to Scotland with the following modifications—
subsections (1)(b), (2) and (3) of section 104 shall be disregarded;
an application under subsection (5) of section 104 shall not be competent in respect of a person who is a qualifying offender by virtue only of a conviction or finding which relates to any offence listed at paragraphs 64 to 111 of Schedule 5;
references to a chief officer of police and to his police area are to be read, respectively, as references to a chief constable and to the area of his police force;
references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
an application for a sexual offences prevention order or interim sexual offences prevention order is made by summary application to any sheriff within whose sheriffdom lies— (references to “the court” being construed accordingly);
any part of the area of the applicant’s police force; or
any place where it is alleged that the person in respect of whom the order is sought or has effect acted in a way mentioned in subsection (5)(b) of section 104,
an application for the variation, renewal or discharge of either such order is made by summary application to the sheriff who made the order or to a sheriff— (references to “the court” being construed accordingly).
within whose sheriffdom the person subject to the order resides; or
where the application is made by a chief constable, within whose sheriffdom lies any part of the area of the applicant’s police force,
A record of evidence shall be kept on any summary application made by virtue of subsection (1)(e) or (f) above.
The clerk of the court by which, by virtue of that subsection, a sexual offences prevention order or interim sexual offences prevention order is made, varied, renewed or discharged shall cause a copy of, as the case may be— to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate).
the order as so made, varied or renewed; or
the interlocutor by which discharge is effected,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—
a sexual offences prevention order;
an interim sexual offences prevention order;
an order under section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);
an order under section ... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made ... in Scotland);
an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland).
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
A person commits an offence if, without reasonable excuse, the person—
contravenes a prohibition imposed by— other than a prohibition on foreign travel, or
a sexual harm prevention order,
an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
an interim sexual harm prevention order,
fails to comply with a requirement imposed by—
a sexual harm prevention order,
an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
an interim sexual harm prevention order.
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 or, in Scotland, a community payback order.
A person commits an offence if, without reasonable excuse, the person—
contravenes a prohibition imposed by a relevant Scottish order other than a prohibition on foreign travel, or
fails to comply with a requirement imposed by a relevant Scottish order.
In subsection (1ZB)—
A person commits an offence if, without reasonable excuse, he fails to do anything which he is required to do by a sexual offences prevention order or an interim sexual offences prevention order.
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).
This section applies to P if P has been given a notice under subsection (3) and that notice has not been cancelled.
A constable may give a notice to P if—
the conditions in subsections (6), (7) and (8) are met in respect of P, and
an officer of at least the rank of inspector has authorised the giving of the notice to P.
A notice given to P under subsection (3) must be given to P in person and must contain details of—
the notifications that P is required to give under this Part,
when those notifications must be given, and
where those notifications may be given.
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.
The first condition is that under the law in force in a country outside the United Kingdom—
P has been convicted of a relevant offence (whether or not P has been punished for it),
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,
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
P has been cautioned in respect of a relevant offence.
The second condition is that—
the first condition is met because of a conviction, finding or caution which occurred on or after 1 September 1997,
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
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).
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.
In this section and section 96ZC “relevant offence” means an act which—
constituted an offence under the law in force in the country concerned, and
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.
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.
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.
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.
If a parental notice has been given to the parent and has not been cancelled or ceased to have effect—
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
the parent must ensure that P attends with them at the police station when a notification under this Part is being given.
The parental notice ceases to have effect when P reaches the age of 18.
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—
the notifications that the parent is required to give under this Part, and
the notifications (if any) that P is required to give under this Part once the parental notice ceases to have effect.
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.
References to the “relevant date”—
in a case where P is within section 96ZA(6)(a), are to the date of the conviction,
in a case where P is within section 96ZA(6)(b) or (c), are to the date of the finding, and
in a case where P is within section 96ZA(6)(d), are to the date of the caution.
In section 82—
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;
the reference in the Table to section 80(1)(d) is to be read as a reference to section 96ZA(6)(d);
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;
the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences (see section 96ZA(9)).
Section 83 has effect as if after subsection (1) there were inserted—
Section 83(4) has effect as if—
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
in paragraph (a) for the words “the order was made” there were substituted “the notice was given to the relevant offender”.
A person (“P”) may appeal to a magistrates’ court against the decision to give them a notice under section 96ZA.
The grounds for bringing an appeal under subsection (1) include—
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;
that the conviction, finding or caution by reason of which P was given the notice falls within subsection (3).
A conviction, finding or caution falls within this subsection if—
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
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).
A person (“the parent”) may appeal to a magistrates’ court against the decision to give them a parental notice under section 96ZB.
The grounds for bringing an appeal under subsection (4) include—
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;
that the conviction, finding or caution by reason of which P was given a notice under section 96ZA falls within subsection (3);
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.
On an appeal under subsection (1) or (4) a magistrates’ court may cancel or confirm the notice which is the subject of the appeal.
A chief officer of police may by complaint to a magistrates' court apply for an order under this section (a “foreign travel order”) in respect of a person (“the defendant”) who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—
the defendant is a qualifying offender, and
the defendant 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.
An application under subsection (1) may be made to any magistrates' court whose commission area includes any part of the applicant’s police area.
On the application, the court may make a foreign travel order if it is satisfied that—
the defendant is a qualifying offender, and
the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
Subsections (2) to (5) apply for the purposes of section 114.
“Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom” means protecting persons under 18 generally or any particular person under 18 from 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.
Acts and behaviour include those occurring before the commencement of this Part.
“Qualifying offender” has the meaning given by section 116.
“Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section 116.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—
has been convicted of an offence within subsection (2),
has been found not guilty of such an offence by reason of insanity,
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
The offences are—
an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;
an offence within paragraph 31 or 92S of that Schedule, if the intended offence was an offence against a person under 18;
an offence within paragraph 93 or 93A of that Schedule, if—
the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;
the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person under 18; or
the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was under 18 at the time of the offence.
an offence within any other paragraph of that Schedule, if the victim of the offence was under 18 at the time of the offence.
A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
he has been convicted of a relevant offence (whether or not he has been punished for it),
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
he has been cautioned in respect of a relevant offence.
In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.
In subsection (3), “relevant offence” means an act which—
constituted an offence under the law in force in the country concerned, and
would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.
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 (4), however it is described in that law.
Subject to subsection (7), on an application under section 114 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—
stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
showing his grounds for that opinion, and
requiring the applicant to prove that the condition is met.
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).
A foreign travel order has effect for a fixed period of not more than 5 years, specified in the order.
The order prohibits the defendant from doing whichever of the following is specified in the order—
travelling to any country outside the United Kingdom named or described in the order,
travelling to any country outside the United Kingdom other than a country named or described in the order, or
travelling to any country outside the United Kingdom.
The only prohibitions that may be included in the order are those necessary for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
If at any time while an order (as renewed from time to time) has effect a defendant is not a relevant offender, the order causes him to be subject to the requirements imposed by regulations made under section 86(1) (and for these purposes the defendant is to be treated as if he were a relevant offender).
Where a court makes a foreign travel order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
Section 115(2) applies for the purposes of this section and section 118.
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A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a foreign travel order.
The persons are—
the defendant;
the chief officer of police on whose application the foreign travel order was made;
the chief officer of police for the area in which the defendant resides;
a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.
Subject to subsection (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 foreign travel order, that the court considers appropriate.
An order may be renewed, or varied 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 (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
In this section “the appropriate court” means—
the court which made the foreign travel order;
a magistrates' court for the area in which the defendant resides; or
where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of his police area.
A defendant may appeal to a county court—
against the making of a foreign travel order;
against the making of an order under section 118, or the refusal to make such an order.
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.
Any order made by a county court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 118(5) 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).
This section applies in relation to a foreign travel order which contains a prohibition within section 117(2)(c).
The order must require the defendant to surrender all of the defendant's passports, at a police station in Northern Ireland specified in the order—
on or before the date when the prohibition takes effect, or
within a period specified in the order.
Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel order containing a prohibition within section 117(2)(c) (unless the person is subject to an equivalent prohibition under another order).
Subsection (3) does not apply in relation to—
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;
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
In this section “passport” means—
a United Kingdom passport within the meaning of the Immigration Act 1971;
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;
a document that can be used (in some or all circumstances) instead of a passport.
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an interlocutor granting, refusing, varying, renewing or discharging a foreign travel order is an appealable interlocutor; and
where an appeal is taken against an interlocutor so granting, varying or renewing 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.
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Sections 114 to 118 apply to Scotland with the following modifications—
references to a chief officer of police and to his police area are to be read, respectively, as references to a chief constable and to the area of his police force;
references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
an application for a foreign travel order is made by summary application to any sheriff within whose sheriffdom lies any part of the area of the applicant’s police force (references to “the court” being construed accordingly);
for paragraphs (a) to (c) of section 118(5) there is substituted—
A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.
The clerk of the court by which, by virtue of that subsection, a foreign travel order is made, varied, renewed or discharged shall cause a copy of, as the case may be— to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate).
the order as so made, varied or renewed; or
the interlocutor by which discharge is effected,
A person commits an offence if, without reasonable excuse—
he does anything which he is prohibited from doing by a foreign travel order , ...
he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order , or
he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).
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 (or, in Scotland, a community payback order).
A person commits an offence if, without reasonable excuse, the person fails to comply with—
a requirement under section 117A(2) (surrender of passports: ... Northern Ireland), or
a requirement under section 117B(2) (surrender of passports: Scotland).
A person may be prosecuted, tried and punished for any offence under subsection (1B)— as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).
in any sheriff court district in which the person is apprehended or is in custody, or
in such sheriff court district as the Lord Advocate may determine,
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).
Those matters are—
that the premises are either—
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
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;
that the offender is not one to whom subsection (4) applies;
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
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.
That purpose is assessing the risk of the offender committing a sexual offence.
This subsection applies to the relevant offender if he is—
remanded in or committed to custody by an order of a court;
serving a sentence of imprisonment or a term of service detention;
detained in a hospital; or
outside the United Kingdom.
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.
A warrant under subsection (1) does not confer power to seize anything in the premises to which it relates.
A warrant under subsection (1) must be executed at a reasonable hour.
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.
A warrant under subsection (1) authorises entry on one occasion only.
This section does not prejudice any other power of entry, examination, search or seizure.
In this section—
The Chief Constable of the Police Service of Northern Ireland may by complaint to a court of summary jurisdiction apply for an order under this section (a “risk of sexual harm order”) in respect of a person aged 18 or over (“the defendant”) who resides in Northern Ireland or who the Chief Constable believes is in, or is intending to come to, Northern Ireland if it appears to the Chief Constable that—
the defendant has on at least two occasions, whether before or after the commencement of this Part, done an act within subsection (3), and
as a result of those acts, there is reasonable cause to believe that it is necessary for such an order to be made.
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any part of the applicant’s police area, or
any place where it is alleged that the defendant acted in a way mentioned in subsection (1)(a).
The acts are—
engaging in sexual activity involving a child or in the presence of a child;
causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual;
giving a child anything that relates to sexual activity or contains a reference to such activity;
communicating with a child, where any part of the communication is sexual.
On the application, the court may make a risk of sexual harm order if it is satisfied that—
the defendant has on at least two occasions, whether before or after the commencement of this section, done an act within subsection (3); and
it is necessary to make such an order, for the purpose of protecting children generally or any child from harm from the defendant.
Such an order—
prohibits the defendant from doing anything described in the order;
has effect for a fixed period (not less than 2 years) specified in the order or until further order.
The only prohibitions that may be imposed are those necessary for the purpose of protecting children generally or any child from harm from the defendant.
Where a court makes a risk of sexual harm order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
Subsections (2) to (7) apply for the purposes of section 123.
“Protecting children generally or any child from harm from the defendant” means protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).
“Child” means a person under 16.
“Image” means an image produced by any means, whether of a real or imaginary subject.
“Sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.
A communication is sexual if—
any part of it relates to sexual activity, or
a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the communication is sexual.
An image is sexual if—
any part of it relates to sexual activity, or
a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the image is sexual.
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A person within subsection (2) may by complaint to the appropriate court a court of summary jurisdiction apply for an order varying, renewing or discharging a risk of sexual harm order.
The persons are—
the defendant;
the Chief Constable of the Police Service of Northern Ireland.
the chief officer of police for the area in which the defendant resides;
a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.
Subject to subsections (4) and (5), on the application the court, after hearing the person making the application, and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order, varying, renewing or discharging the risk of sexual harm order, that the court considers appropriate.
An order may be renewed, or varied 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 harm from the defendant (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
The court must not discharge an 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 of the Police Service of Northern Ireland.
where the application is made by a chief officer of police, that chief officer, or
in any other case, the chief officer of police for the area in which the defendant resides.
Section 124(2) applies for the purposes of this section.
In this section “the appropriate court” means—
the court which made the risk of sexual harm order;
a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides;
where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.
This section applies where an application for a risk of sexual harm order (“the main application”) has not been determined.
An application for an order under this section (“an interim risk of sexual harm order”)—
may be made by the complaint by which the main application is made, or
if the main application has been made, may be made by the Chief Constable of the Police Service of Northern Ireland, by complaint to the court to which that application has been made.
The court may, if it considers it just to do so, make an interim risk of sexual harm order, prohibiting the defendant from doing anything described in the order.
Such an order—
has effect only for a fixed period, specified in the order;
ceases to have effect, if it has not already done so, on the determination of the main application.
The applicant or the defendant may by complaint apply to the court that made the interim risk of sexual harm order for the order to be varied, renewed or discharged.
A defendant may appeal to a county court—
against the making of a risk of sexual harm order;
against the making of an interim risk of sexual harm order; or
against the making of an order under section 125, or the refusal to make such an order.
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.
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).
A person who, without reasonable excuse, does anything that the person is prohibited from doing by— commits an offence.
a risk of sexual harm order,
an interim risk of sexual harm order,
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A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
A person who, without reasonable excuse— commits an offence.
does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or
fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,
A person who, without reasonable excuse— commits an offence.
does anything that the person is prohibited from doing by a relevant Scottish order, or
fails to do something that the person is required to do by a relevant Scottish order,
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.
In subsection (1B) “relevant Scottish order” means—
a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or
an interim sexual risk order made under section 31 of that Act.
This section applies to a person (“the defendant”) who—
is convicted of an offence mentioned in subsection (1A);
is found not guilty of such an offence by reason of insanity;
is found to be under a disability and to have done the act charged against him in respect of such an offence; or
is cautioned in respect of such an offence.
Where — the defendant remains subject to the notification requirements.
a defendant was a relevant offender immediately before this section applied to him, and
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,
Those offences are—
an offence under section 122H or 128 of this Act;
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This section also applies to a person (“the defendant”) who—
is convicted of an offence mentioned in subsection (1C),
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
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.
Where the defendant was not a relevant offender immediately before this section applied to him—
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
this Part applies to the defendant, subject to the modification set out in subsection (4).
The “relevant date” is the date on which this section first applies to the defendant.
Those offences are—
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);
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.
In this section “relevant order” means—
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;
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.
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.
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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—
to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and
to search the premises for that purpose.
The requirements are—
that the address of each set of premises specified in the application is an address falling within subsection (3);
that the relevant offender is not one to whom subsection (4) applies;
that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and
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.
An address falls within this subsection if—
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
there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.
This subsection applies to a relevant offender if he is—
remanded in or committed to custody by order of a court;
serving a sentence of imprisonment or a term of service detention;
detained in a hospital; or
outside the United Kingdom.
A warrant issued under this section must specify the one or more sets of premises to which it relates.
The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.
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).
Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.
In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender—
who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or
in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.
In this section—
The Secretary of State may by order amend Schedule 3 or 5.
Subject to subsection (3), an amendment within subsection (4) does not apply to convictions, findings and cautions before the amendment takes effect.
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.
An amendment is within this subsection if it—
adds an offence,
removes a threshold relating to an offence, or
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— as it applies to an equivalent sentence of imprisonment; and references in this Part to prison or imprisonment are to be interpreted accordingly.
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,
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),
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.)),
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)),
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),
a sentence of detention in a young offender institution, a young offenders institution or a young offenders centre,
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),
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,
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),
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),
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),
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),
a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008,
a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008
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”).
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.
For the purposes of this Part (including in particular section 82(6))— at the time when the sentencing condition is met.
a person is to be regarded as convicted of an offence to which this section applies, or
(as the case may be) a relevant finding in relation to such an offence is to be regarded as made,
In the following subsections, references to a foreign offence are references to an act which—
constituted an offence under the law in force in a country outside the United Kingdom (“the relevant foreign law”), and
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.
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.
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.
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.
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.
In this section, “relevant finding”, in relation to an offence, means—
a finding that a person is not guilty of the offence by reason of insanity, or
a finding that a person is under a disability and did the act charged against him in respect of the offence.
In this Part—
“child”—
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Murder.
In the Offences against the Person Act 1861, omit sections 61 and 62.
In Schedule 1 to the Children and Young Persons Act 1933 (offences to which special provisions of that Act apply), for the entry relating to offences under the Sexual Offences Act 1956 (c. 69) substitute— “ Any offence against a child or young person under any of sections 1 to 41, 47 to 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003, or any attempt to commit such an offence. Any offence under section 62 or 63 of the Sexual Offences Act 2003 where the intended offence was an offence against a child or young person, or any attempt to commit such an offence. ”
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omit “or rape”, and
after “International Criminal Court Act 2001” insert “or an offence under section 1 of the Sexual Offences Act 2003 (rape)”.
In the Mental Health Act 1959, omit sections 127 (amendment of Sexual Offences Act 1956) and 128 (sexual intercourse with patients).
In Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies), for paragraph 6 substitute—
In section 7 of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in subsection (2), for paragraph (bb) substitute—.
In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons)—
in subsection (1)(a)—
omit “rape,”;
after “Explosive Substances Act 1883” insert “ or an offence listed in subsection (1A) ”;
after subsection (1) insert—
In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (limitations on rehabilitation under that Order), in paragraph (2), for sub-paragraph (bb) substitute—.
The Police and Criminal Evidence Act 1984 is amended as follows. In section 80(7) (sexual offences for purposes of compellability of spouse), after “the Protection of Children Act 1978” insert “ or Part 1 of the Sexual Offences Act 2003 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies) is amended as follows. In subsection (1) (England and Wales)— In subsection (3) (Northern Ireland)—
In section 11 of the Criminal Injuries Compensation Act 1995 (approval by parliament of certain alterations to the Tariff or provisions of the Scheme)—
in subsection (3)(d), after “rape” insert “ or an offence under section 30 of the Sexual Offences Act 2003 ”;
after subsection (8) insert—
The Sex Offenders Act 1997 ceases to have effect.
In the Criminal Justice (Northern Ireland) Order 1998, omit Articles 6, 6A, 6B and 7.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert—. In section 161 (definition of “sexual offence” etc.), in subsection (2)— In Schedule 9 (consequential amendments), omit paragraphs 189, 190 and 193.
The Proceeds of Crime Act 2002 is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For paragraph 8 of that Schedule substitute— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph 8 of that Schedule—
In section 21(9) of the Criminal Justice (Scotland) Act 2003 (power of adjournment where person convicted of sexual offence or offence disclosing significant sexual aspects to behaviour in committing it), for the words from “—(a) “three weeks”” to “each case” substitute “ “four weeks” there were ”.
In the Criminal Justice (Northern Ireland) Order 2003, omit—
in Article 19(4), sub-paragraph (a) and
in Schedule 1, paragraphs 1, 2, 20 and 21.
“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.
“parent” includes an adoptive parent;
“child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;
The decision of the relevant chief constable—
to make a notification continuation order; and
setting the fixed period of the notification continuation order,
“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;
“serious sexual harm”—
a National Health Service trust,
“country” includes territory;
Manslaughter.
This Schedule applies where a relevant offender is subject to the notification requirements of this Part as a result of a conviction, finding or caution in respect of an offence under—
section 61 of the Offences against the Person Act 1861 or Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (buggery);
section 5 of the Criminal Law Amendment Act 1885 (carnal knowledge of girl under 17); or
section 11 of that Act (gross indecency between men).
Kidnapping.
False imprisonment.
An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).
An offence under section 16 of that Act (threats to kill).
An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
An offence under section 20 of that Act (malicious wounding).
An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).
An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).
An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).
An offence under section 27 of that Act (abandoning children).
An offence under section 28 of that Act (causing bodily injury by explosives).
An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).
An offence under section 30 of that Act (placing explosives with intent to do bodily injury).
An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).
An offence under section 32 of that Act (endangering the safety of railway passengers).
An offence under section 35 of that Act (injuring persons by furious driving).
An offence under section 37 of that Act (assaulting officer preserving wreck).
An offence under section 38 of that Act (assault with intent to resist arrest).
An offence under section 47 of that Act (assault occasioning actual bodily harm).
An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction).
An offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children).
An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).
An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).
An offence under section 17(1) of that Act (use of firearm to resist arrest).
An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
An offence under section 18 of that Act (carrying a firearm with criminal intent).
An offence under section 8 of that Act(robbery or assault with intent to rob).
An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).
inflict grievous bodily harm on a person, or
do unlawful damage to a building or anything in it.
An offence under section 10 of that Act (aggravated burglary).
An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which caused the death of any person.
An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).
An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-treatment of patients).
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).
An offence under section 2 of that Act (violent disorder).
An offence under section 3 of that Act (affray).
An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).
An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
An offence under section 9 of that Act (hijacking of ships).
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
An offence under section 13 of that Act (offences involving threats).
An offence under section 4 or 4A of that Act (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).
An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults).
An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (c. 64)).
An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
An offence under section 47 of this Act, where the victim or (as the case may be) other party was 16 or over.
An offence under any of sections 51 to 53 or 57 to 59 59A of this Act.
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.
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—
section 5 of the Criminal Procedure (Insanity) Act 1964,
section 6 or 14 of the Criminal Appeal Act 1968,
Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968),
section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or
section 16 or 23 of the Courts-Martial (Appeals) Act 1968.
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).
Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.
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—
section 82(2) of the Sentencing Code (conviction with absolute or conditional discharge deemed not to be a conviction);
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);
section 247(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (conviction with . . . absolute discharge deemed not to be a conviction);
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).
section 187(1) of the Armed Forces Act 2006 (conviction with absolute or conditional discharge deemed not to be a conviction);
Subsection (1) applies only to convictions after the commencement of this Part.
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.
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.
The enactments are—
section 37(3) of the Mental Health Act 1983 (c. 20);
section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);
Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
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—
unfit to be tried for the offence;
to be insane so that his trial for the offence cannot or could not proceed; or
unfit to be tried and to have done the act charged against him in respect of the offence.
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.
In section 133—
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—
a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and
a reference to a restriction order treated as made by paragraph 2(1) of that Schedule;
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—
a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and
a reference to a restriction order made under section 178(1) or 379(1) of that Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a reference to admission or detention, and
a reference to a direction,
This Part applies to Northern Ireland with the following modifications.
References to a chief officer of police are to be read as references to the Chief Constable of the Police Service of Northern Ireland.
References to police areas are to be read as references to Northern Ireland.
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.
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.
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.
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.
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.
The reference in section 101 to the Crown Court is to be read as a reference to a county court.
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.
References to a justice of the peace are to be read as references to a lay magistrate.
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.
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.
In this section “relevant order” means—
a sexual harm prevention order or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction);
an interim sexual harm prevention order;
a sexual offences prevention order;
an interim sexual offences prevention order;
a foreign travel order;
a sexual risk order;
an interim sexual risk order;
a risk of sexual harm order;
an interim risk of sexual harm order;
a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22);
an interim sexual harm prevention order made under section 21 of that Act;
a sexual risk order made under section 27 of that Act;
an interim sexual risk order made under section 31 of that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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.
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.
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.
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).
In this section—
“court”, in Scotland, includes sheriff;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where a sexual harm prevention order has been made in respect of a person who now—
is residing in Northern Ireland, or
is in or is intending to come to Northern Ireland.
An application may be made to the appropriate court in Northern Ireland— for an order varying , renewing or discharging the sexual harm prevention order.
by the defendant, or
by the Chief Constable,
An application under subsection (2) may be made—
where the appropriate court is the Crown Court, in accordance with rules of court;
in any other case, by complaint.
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.
In determining the application the court must have regard to—
the time for which the defendant is likely to remain in Northern Ireland, and
whether—
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
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.
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—
protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
An 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 sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
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.
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—
protecting the public, or any particular members of the public, from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
The defendant may appeal against the making of an order under this section, or the refusal to make such an order—
where the application for such an order was made to the Crown Court, to the Court of Appeal in Northern Ireland;
in any other case, to a county court in Northern Ireland.
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.
In this section—
This section applies where a sexual risk order has been made in respect of a person who now—
is residing in Northern Ireland, or
is in or is intending to come to Northern Ireland.
An application may be made to the appropriate court in Northern Ireland— for an order varying , renewing or discharging the sexual risk order.
by the defendant, or
by the Chief Constable,
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.
In determining the application the court must have regard to—
the time for which the defendant is likely to remain in Northern Ireland, and
whether—
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
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.
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—
protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
An 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 harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
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.
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—
protecting the public, or any particular members of the public, from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
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.
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.
In this section—
This section applies where a relevant order has been made in respect of a person who now—
is residing in Scotland, or
is in or is intending to come to Scotland.
In this section “relevant order” means—
a sexual harm prevention order,
a sexual offences prevention order, or
a foreign travel order.
An application may be made to the appropriate sheriff in Scotland— for an order varying, renewing or discharging the relevant order.
by the defendant, or
by the chief constable,
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.
In determining the application the court must have regard to—
the time for which the defendant is likely to remain in Scotland, and
whether—
in the case of a sexual harm prevention order, the defendant is likely to return to, or to visit, England and Wales, or
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.
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—
protecting the public in Scotland, or any particular members of the public in Scotland, from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
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—
protecting the public or any particular members of the public from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
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.
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.
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.
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).
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.
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).
In this section—
This section applies where a relevant order has been made in respect of a person who now—
is residing in Scotland, or
is in or is intending to come to Scotland.
In this section “relevant order” means—
a sexual risk order, or
a risk of sexual harm order.
An application may be made to the appropriate sheriff in Scotland— for an order varying, renewing or discharging the relevant order.
by the defendant, or
by the chief constable,
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.
In determining the application the court must have regard to—
the time for which the defendant is likely to remain in Scotland, and
whether—
in the case of a sexual risk order, the defendant is likely to return to, or to visit, England and Wales, or
in the case of a risk of sexual harm order, the defendant is likely to return to, or to visit, Northern Ireland.
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—
protecting the public in Scotland, or any particular members of the public in Scotland, from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
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—
protecting the public or any particular members of the public from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
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).
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).
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.
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).
In this section—
This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now—
is residing in England and Wales, or
is in or is intending to come to England and Wales.
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).
A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order.
Those persons are—
the defendant;
the chief officer of police for the area in which the defendant resides;
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area.
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—
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
in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
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.
In determining the application the court must have regard to—
the time for which the defendant is likely to remain in England and Wales, and
whether the defendant is likely to return to, or to visit, Scotland.
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—
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
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
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—
protecting the public or any particular members of the public from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
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 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
in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
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.
Section 103FA (electronic monitoring requirements) applies in relation to— as it applies in relation to the making of a sexual harm prevention order, subject to subsection (13).
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
the renewal of an order to continue such a requirement,
In its application to the variation or renewal of a relevant Scottish order, section 103FA has effect as if—
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,
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
the reference in subsection (9) to section 103E were to this section.
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—
protecting the public, or any particular members of the public, from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
In this section—
This section applies where a relevant order has been made in respect of a person who now—
is residing in England and Wales, or
is in or is intending to come to England and Wales.
In this section “relevant order” means—
a sexual offences prevention order, or
a foreign travel order.
A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order.
Those persons are—
the defendant;
the chief officer of police for the area in which the defendant resides;
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area.
If— 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.
this section applies in relation to a person because that person is subject to a foreign travel order, and
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,
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.
In determining the application the court must have regard to—
the time for which the defendant is likely to remain in England and Wales, and
whether the defendant is likely to return to, or to visit, Northern Ireland.
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.
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.
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.
Section 103FA (electronic monitoring requirements) applies in relation to— as it applies in relation to the making of a sexual harm prevention order, subject to subsection (12).
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
the renewal of an order to continue such a requirement,
In its application to the variation or renewal of a sexual offences prevention order, section 103FA has effect as if—
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,
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
the reference in subsection (9) to section 103E were to this section.
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—
where the application under this section is made by a chief officer of police, that chief officer, or
in any other case, the chief officer of police for the area in which the defendant resides.
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.
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).
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.
In this section—
This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now—
is residing in England and Wales, or
is in or is intending to come to England and Wales.
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).
A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant Scottish order.
Those persons are—
the defendant;
the chief officer of police for the area in which the defendant resides;
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer‘s police area.
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—
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
in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
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.
In determining the application the court must have regard to—
the time for which the defendant is likely to remain in England and Wales, and
whether the defendant is likely to return to, or to visit, Scotland.
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—
protecting the public in England and Wales, or any particular members of the public in England and Wales, from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
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—
protecting the public or any particular members of the public from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
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 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
in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
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.
Section 122EA (electronic monitoring requirements) applies in relation to— as it applies in relation to the making of a sexual risk order, subject to subsection (13).
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
the renewal of an order to continue such a requirement,
In its application to the variation or renewal of a relevant Scottish order, section 122EA has effect as if—
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,
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
the reference in subsection (9) to section 122D were to this section.
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—
protecting the public, or any particular members of the public, from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
In this section—
This section applies where a risk of sexual harm order has been made in respect of a person who now—
is residing in England and Wales, or
is in or is intending to come to England and Wales.
A person within subsection (3) may by complaint to the appropriate court apply for an order varying, renewing or discharging the order.
Those persons are—
the defendant;
the chief officer of police for the area in which the defendant resides;
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area.
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.
A risk of sexual harm order may be renewed, or varied under this section so as to impose— 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).
additional prohibitions on the defendant, or
requirements of the kind mentioned in subsection (7) on the defendant,
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 (5), and
such requirements of the kind mentioned in subsection (7) as are necessary for that purpose.
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.
Section 122EA (electronic monitoring requirements) applies in relation to— as it applies in relation to the making of a sexual harm prevention order, subject to subsection (9).
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
the renewal of an order to continue such a requirement,
In its application to the variation or renewal of a risk of sexual harm order, section 122EA has effect as if—
subsection (4)(b)(i) were omitted,
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,
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
the reference in subsection (9) to section 122D were to this section.
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—
where the application under this section is made by a chief officer of police, that chief officer, or
in any other case, the chief officer of police for the area in which the defendant resides.
In this section—
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.
This subsection applies to the defendant where—
the court deals with the defendant in respect of— and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a finding that the defendant is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or
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,
the court is satisfied that it is necessary to make a sexual harm prevention order, for the purpose of—
protecting the public or any particular members of the public from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
This subsection applies to the defendant where—
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, ...
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
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—
protecting the public or any particular members of the public from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
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—
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
in particular, whether a prohibition on foreign travel (see section 103D) is necessary for that purpose.
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—
the person is a qualifying offender, and
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.
Those persons are—
a chief officer of police;
the Director General of the National Crime Agency (“the Director General”);
the chief constable of the British Transport Police Force;
the chief constable of the Ministry of Defence Police.
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—
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
whether to apply for a prohibition on foreign travel (see section 103D) to be included in any such order for that purpose.
A chief officer of police may make an application under subsection (4) only in respect of a person—
who resides in the chief officer's police area, or
who the chief officer believes is in that area or is intending to come to it.
An application under subsection (4) may be made to any magistrates' court acting for a local justice area that includes—
any part of a relevant police area, or
any place where it is alleged that the person acted in a way mentioned in subsection (4)(b).
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.
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)).
In this section “relevant police area” means—
where the applicant is a chief officer of police, the officer's police area;
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—
the police area where the person in question resides, or
a police area which the applicant believes the person is in or is intending to come to.
In section 103A—
A person is within this subsection if, whether before or after the commencement of this Part, the person—
has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,
has been found not guilty of such an offence by reason of insanity,
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
has been cautioned in respect of such an offence.
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—
the person has been convicted of a relevant offence (whether or not the person has been punished for it),
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,
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
the person has been cautioned in respect of a relevant offence.
In subsection (3), “relevant offence” means an act which— 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.
constituted an offence under the law in force in the country concerned, and
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 the purposes of section 103A, acts, behaviour, convictions and findings include those occurring before the commencement of this Part.
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—
stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,
showing the grounds for that opinion, and
requiring the applicant to prove that the condition is met.
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).
Subsection (9) applies for the purposes of section 103A and this section.
In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates— is to be disregarded.
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
to the age of any person,
A sexual harm prevention order may—
prohibit the defendant from doing anything described in the order;
require the defendant to do anything described in the order.
Subject to section 103D(1), a prohibition or requirement contained in a sexual harm prevention order has effect—
for a fixed period, specified in the order, of at least 5 years, or
until further order.
A sexual harm prevention order—
may specify that some of its prohibitions or requirements have effect until further order and some for a fixed period;
may specify different periods for different prohibitions or requirements.
The only prohibitions or requirements that may be included in a sexual harm prevention order are those necessary for the purpose of—
protecting the public or any particular members of the public from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
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—
any conflict with the defendant’s religious beliefs,
any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (6)).
In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
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.
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.
Before including such a requirement in a sexual harm prevention order, the court must receive evidence about its suitability and enforceability from—
the individual to be specified under subsection (1), if an individual is to be specified;
an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 103FA(5) and (6)).
It is the duty of a person specified under subsection (1)—
to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”);
to promote the defendant’s compliance with the relevant requirements;
if the person considers that— to inform the appropriate chief officer of police.
the defendant has complied with all the relevant requirements, or
the defendant has failed to comply with a relevant requirement,
In subsection (4)(c) the “appropriate chief officer of police means—
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
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.
A defendant subject to a requirement imposed by a sexual harm prevention order must— These obligations have effect as requirements of the order.
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
notify that person of any change of the defendant’s home address.
A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.
A “prohibition on foreign travel” means—
a prohibition on travelling to any country outside the United Kingdom named or described in the order,
a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
a prohibition on travelling to any country outside the United Kingdom.
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.
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—
on or before the date when the prohibition takes effect, or
within a period specified in the order.
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).
Subsection (5) does not apply in relation to—
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;
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
In this section “passport” means—
a United Kingdom passport within the meaning of the Immigration Act 1971;
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;
a document that can be used (in some or all circumstances) instead of a passport.
A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order.
The persons are—
the defendant;
the chief officer of police for the area in which the defendant resides;
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
where the order was made on an application by a chief officer of police under section 103A(4), that officer.
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—
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
in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
An application under subsection (1) may be made—
where the appropriate court is the Crown Court, in accordance with rules of court;
in any other case, by complaint.
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.
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— Any renewed or varied order may contain only such prohibitions and requirements as are necessary for this purpose.
protecting the public or any particular members of the public from sexual harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid—
any conflict with the defendant’s religious beliefs,
any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
any conflict with any other court order or injunction to which the defendant may be subject.
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 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
in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
In subsections (2A), (5) and (5B) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
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—
where the application is made by a chief officer of police, that chief officer, or
in any other case, the chief officer of police for the area in which the defendant resides.
Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions or requirements.
In this section “the appropriate court” means— In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.
where the Crown Court or the Court of Appeal made the sexual harm prevention order, the Crown Court;
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;
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;
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.
This section applies where an application under section 103A(4) (“the main application”) has not been determined.
An application for an order under this section (“an interim sexual harm prevention order”)—
may be made by the complaint by which the main application is made, or
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.
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—
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
in particular, whether to apply for a prohibition on foreign travel to be included in any such order for that purpose.
The court may, if it considers it just to do so, make an interim sexual harm prevention order—
prohibiting the defendant from doing anything described in the order;
requiring the defendant to do anything described in the order.
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 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
in particular, whether to include in any such order a prohibition on foreign travel for that purpose.
Such an order—
has effect only for a fixed period, specified in the order;
ceases to have effect, if it has not already done so, on the determination of the main application.
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.
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.
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.
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)).
Where— the defendant remains subject to the notification requirements.
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
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,
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—
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
this Part applies to the defendant, subject to the modification set out in subsection (3).
The “relevant date” is the date of service of the order.
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.
Where— the sexual harm prevention order ceases to have effect.
a sexual harm prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A), and
by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,
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A defendant may appeal against the making of a sexual harm prevention order—
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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;
where the order was made on an application under section 103A(4), to the Crown Court.
A defendant may appeal to the Crown Court against the making of an interim sexual harm prevention order.
A defendant may appeal against the making of an order under section 103E, or the refusal to make such an order—
where the application for such an order was made to the Crown Court, to the Court of Appeal;
in any other case, to the Crown Court.
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.
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).
A person who, without reasonable excuse— commits an offence.
does anything that the person is prohibited from doing by a sexual harm prevention order or an interim sexual harm prevention order, or
fails to do something that the person is required to do by a sexual harm prevention order or an interim sexual harm prevention order,
A person who, without reasonable excuse, does anything that the person is prohibited from doing by— commits an offence.
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a sexual offences prevention order,
an interim sexual offences prevention order, or
a foreign travel order,
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.
A person who, without reasonable excuse— commits an offence.
does anything that the person is prohibited from doing by a relevant Scottish order, or
fails to do something that the person is required to do by a relevant Scottish order,
In subsection (1B) “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), or
an interim sexual harm prevention order made under section 21 of that Act.
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A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
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.
The Secretary of State must issue guidance to chief officers of police, the Director General of the National Crime Agency, the chief constable of the British Transport Police Force and the chief constable of the Ministry of Defence Police in relation to the exercise by them of their powers with regard to sexual harm prevention orders and interim sexual harm prevention orders.
The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
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.
Rules of court—
may provide for a youth court to give permission for an application under section 103A(4) against a person aged 18 or over to be made to the youth court if—
an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
the youth court thinks that it would be in the interests of justice for the applications to be heard together;
may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 103A, 103E, 103F or 103G(6) or (7) have begun—
prescribe circumstances in which the proceedings may or must remain in the youth court;
make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 103F with modifications).
A person's age is treated for the purposes of sections 103A to 103J and this section as being that which it appears to the court to be after considering any available evidence.
A person mentioned in subsection (1A) (“the applicant”) may by complaint to a magistrates’ court apply for an order under this section (a “sexual risk order”) in respect of a person (“the defendant”) if it appears to the applicant that the condition in subsection (2) is met.
Those persons are—
a chief officer of police;
the Director General of the National Crime Agency (“the Director General”);
the chief constable of the British Transport Police Force;
the chief constable of the Ministry of Defence Police.
The condition is that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for a sexual risk order to be made.
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 (1A) must have regard to the list in considering—
whether as a result of the act mentioned in subsection (2) there is reasonable cause to believe that it is necessary for a sexual risk order to be made for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
whether to apply for a prohibition on foreign travel (see section 122C) to be included in any such order for that purpose.
A chief officer of police may make an application under subsection (1) only in respect of a person—
who resides in the chief officer's police area, or
who the chief officer believes is in that area or is intending to come to it.
An application under subsection (1) may be made to any magistrates' court acting for a local justice area that includes—
any part of a relevant police area, or
any place where it is alleged that the person acted in a way mentioned in subsection (2).
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 (1), that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.
On an application under subsection (1), the court may make a sexual risk order if—
the court is satisfied on the balance of probabilities that the defendant has, whether before or after the commencement of this Part, done one or more of the acts of a sexual nature alleged by the person making the application, and
the court is satisfied that as a result of the defendant acting in such a way it is necessary to make such an order for the purpose of—
protecting the public or any particular members of the public from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
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 a sexual risk order is necessary for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
in particular, whether a prohibition on foreign travel (see section 122C) is necessary for that purpose.
A sexual risk order may—
prohibit the defendant from doing anything described in the order;
require the defendant to do anything described in the order.
A sexual risk order may specify—
has effect for a fixed period (not less than 2 years) specified in the order or until further order, and
may specify different periods for different prohibitions or requirements.
The only prohibitions or requirements that may be imposed are those necessary for the purpose of—
protecting the public or any particular members of the public from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
The prohibitions or requirements which are imposed on the defendant by a sexual risk order must, so far as practicable, be such as to avoid—
any conflict with the defendant’s religious beliefs,
any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (10)).
Where a court makes a sexual risk order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
In section 122A—
Where the defendant is a child, a reference in that section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 122K(1)).
In that section “relevant police area” means—
where the applicant is a chief officer of police, the officer's police area;
where the applicant is the applicant of the National Crime Agency , the chief constable of the British Transport Police Force or the chief constable for the Ministry of Defence Police—
the police area where the person in question resides, or
a police area which the Director General believes the person is in or is intending to come to.
A sexual risk 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.
Before including such a requirement in a sexual risk order, the court must receive evidence about its suitability and enforceability from—
the individual to be specified under subsection (1), if an individual is to be specified;
an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 122EA(5) and (6)).
It is the duty of a person specified under subsection (1)—
to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”);
to promote the defendant’s compliance with the relevant requirements;
if the person considers that— to inform the appropriate chief officer of police.
the defendant has complied with all the relevant requirements, or
the defendant has failed to comply with a relevant requirement,
In subsection (4)(c) the “appropriate chief officer of police means—
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
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.
A defendant subject to a requirement imposed by a sexual risk order must— These obligations have effect as requirements of the order.
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
notify that person of any change of the defendant’s home address.
A prohibition on foreign travel contained in a sexual risk order must not be for a period of more than 5 years.
A “prohibition on foreign travel” means—
a prohibition on travelling to any country outside the United Kingdom named or described in the order,
a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
a prohibition on travelling to any country outside the United Kingdom.
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 122D.
A sexual risk 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—
on or before the date when the prohibition takes effect, or
within a period specified in the order.
Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order).
Subsection (5) does not apply in relation to—
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;
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
In this section “passport” means—
a United Kingdom passport within the meaning of the Immigration Act 1971;
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;
a document that can be used (in some or all circumstances) instead of a passport.
A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a sexual risk order.
The persons are—
the defendant;
the chief officer of police for the area in which the defendant resides;
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
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—
whether to apply for an order varying or renewing a sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
where the order was made on an application by a chief officer of police, that officer.
Subject to subsections (4) and (5), on an application made 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 (2), may make any order, varying, renewing or discharging the sexual risk order, that the court considers appropriate.
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— Any renewed or varied order may contain only such prohibitions and requirements as are necessary for this purpose.
protecting the public or any particular members of the public from harm from the defendant, or
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid—
any conflict with the defendant’s religious beliefs,
any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
any conflict with any other court order or injunction to which the defendant may be subject.
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 any order varying or renewing the sexual risk order is necessary for the purposes of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and—
where the application is made by a chief officer of police, that chief officer, or
in any other case, the chief officer of police for the area in which the defendant resides.
Section 122B(1) applies for the purposes of this section.
In this section “the appropriate court” means— In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.
where an adult magistrates' court made the sexual risk order, that court, any 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 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;
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.
This section applies where an application for a sexual risk order (“the main application”) has not been determined.
An application for an order under this section (“an interim sexual risk order”)—
may be made by the complaint by which the main application is made, or
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.
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 for a sexual risk order must have regard to the list in considering—
whether to apply for an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
in particular, whether to apply for a prohibition on foreign travel to be included in any such order for that purpose.
The court may, if it considers it just to do so, make an interim sexual risk order—
prohibiting the defendant from doing anything described in the order;
requiring the defendant to do anything described in the order.
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 make an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
in particular, whether to include a prohibition on foreign travel in any such order for that purpose.
Such an order—
has effect only for a fixed period, specified in the order;
ceases to have effect, if it has not already done so, on the determination of the main application.
The applicant or the defendant may by complaint apply to the court that made the interim sexual risk order for the order to be varied, renewed or discharged.
Subsections (2A) and (3A) apply in relation to an application for the variation or renewal of an interim sexual risk order as they apply in relation to an application for such an order.
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.
In subsection (7), “relevant police area” has the same meaning as in section 122A (sexual risk orders: applications, grounds and effect) (see section 122B(3)).
A person in respect of whom a court makes— must, within the period of 3 days beginning with the date of service of the order, notify to the police the information set out in subsection (2) (unless the person is subject to the notification requirements of this Part on that date).
a sexual risk order (other than one that replaces an interim sexual risk order), or
an interim sexual risk order,
The information is—
the person's name and, where the person uses one or more other names, each of those names;
the person's home address.
A person who— must, within the period of 3 days beginning with the date on which that happens, notify to the police that name or (as the case may be) the new home address.
is subject to a sexual risk order or an interim sexual risk order (but is not subject to the notification requirements of this Part), and
uses a name which has not been notified under this section (or under any other provision of this Part), or changes home address,
Sections 87 (method of notification and related matters) and 91 (offences relating to notification) apply for the purposes of this section—
with references to section 83(1) being read as references to subsection (1) above,
with references to section 84(1) being read as references to subsection (3) above, and
with the omission of section 87(2)(b).
A defendant may appeal to the Crown Court—
against the making of a sexual risk order;
against the making of an interim sexual risk order; or
against the making of an order under section 122D, or the refusal to make such an order.
On any such appeal, 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.
Any order made by the Crown Court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 122D(7) or 122E(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).
A person who, without reasonable excuse— commits an offence.
does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or
fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,
A person who, without reasonable excuse, does anything that the person is prohibited from doing by— commits an offence.
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a risk of sexual harm order,
an interim risk of sexual harm order,
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A person who, without reasonable excuse, does anything that the person is required to do by a risk of sexual harm order that has been renewed or varied as mentioned in section 136ZJ(7) commits an offence.
A person who, without reasonable excuse— commits an offence.
does anything that the person is prohibited from doing by a relevant Scottish order, or
fails to do something that the person is required to do by a relevant Scottish order,
In subsection (1B) “relevant Scottish order” means—
a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or
an interim sexual risk order made under section 31 of that Act.
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A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
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.
This section applies to a person (“the defendant”) who—
is convicted of an offence mentioned in subsection (2);
is found not guilty of such an offence by reason of insanity;
is found to be under a disability and to have done the act charged against him in respect of such an offence; or
is cautioned in respect of such an offence.
Those offences are—
an offence under section 122H or 128 of this Act;
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This section also applies to a person (“the defendant”) who—
is convicted of an offence mentioned in subsection (2B),
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
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.
Those offences are—
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);
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.
Where— the defendant remains subject to the notification requirements.
a defendant was a relevant offender immediately before this section applied to the defendant, and
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,
Where the defendant was not a relevant offender immediately before this section applied to the defendant—
this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to the defendant until the relevant order (as renewed from time to time) ceases to have effect, and
this Part applies to the defendant, subject to the modification set out in subsection (5).
The “relevant date” is the date on which this section first applies to the defendant.
In this section “relevant order” means—
where the conviction, finding , caution or acquittal within subsection (1) or (2A) is in respect of a breach of a sexual risk order or a risk of sexual harm order, that order;
where the conviction, finding , caution or acquittal within subsection (1) or (2A) is in respect of a breach of an interim sexual risk order or an interim risk of sexual harm order, any sexual risk order or risk of sexual harm order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.
In subsection (6) “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.
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The Secretary of State must issue guidance to chief officers of police, the Director General of the National Crime Agency, the chief constable of the British Transport Police Force and the chief constable of the Ministry of Defence Police in relation to the exercise by them of their powers with regard to sexual risk orders and interim sexual risk orders.
The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
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.
Rules of court—
may provide for a youth court to give permission for an application under section 122A against a person aged 18 or over to be made to the youth court if—
an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
the youth court thinks that it would be in the interests of justice for the applications to be heard together;
may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 122A, 122D or 122E have begun—
prescribe circumstances in which the proceedings may or must remain in the youth court;
make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 122E with modifications).
A person's age is treated for the purposes of sections 122A to 122J and this section as being that which it appears to the court to be after considering any available evidence.
In this Act and in sections 343 to 354 of the Sentencing Code (sexual harm prevention orders on conviction)—
a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court,
a reference to an offence includes a reference to an offence triable by a service court,
“proceedings” includes proceedings before a service court, and
a reference to proceedings for an offence under this Act includes a reference to proceedings for 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 that offence.
In sections 92 and 103A(1) of this Act, and section 345 of the Sentencing Code, “court” includes a service court.
Where the court making a sexual harm prevention order is a service court—
sections 103A(3) and (4) to (9), 103F , 103FA(3)(a), (4) and (6) and 103J of this Act, and sections 348A(3)(a), (4) and (6) and 355 to 357 of the Sentencing Code do not apply;
sections 103A(1), (2) and (3A), 103B to 103E , 103FA(1), (2), (3)(b) and (5) to (9), 103FB and 103G to 103I of this Act, and sections 343 to 348, 348A(1), (2), (3)(b) and (5) to (9), 348B to 354 and 358 of the Sentencing Code apply—
subject to paragraphs (ba), (bb) (c) and (d), and
as if they extended to the whole of the United Kingdom;
in relation to an application under section 103E of this Act, or an application under section 350 of the Sentencing Code, in respect of a defendant who at the time of the application is a person subject to service law or a civilian subject to service discipline—
the application may be made only by the defendant or a Provost Marshal, and must be made to the Court Martial;
the reference in section 103E(2A) to a person mentioned in subsection (2)(b) to (d) is to be read as a reference to a Provost Marshal;
the reference in section 350(3A) of the Sentencing Code to a person mentioned in subsection (2)(b) or (c) is to be read as a reference to a Provost Marshal;
consent under section 103E(7) of this Act, or section 350(7) of the Sentencing Code, must be the consent of the defendant and a Provost Marshal;
an appeal against the making of an order under section 103E of this Act or section 350 of the Sentencing Code, or the refusal to make such an order, must be made to the Court Martial Appeal Court;
if section 103CA applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 103CA(4)(c) (requirements included in order: report on compliance) to the appropriate chief officer of police is to be read as a reference to a Provost Marshal;
if section 347A applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 347A(4)(c) of the Sentencing Code (requirements included in order: report on compliance) to the appropriate chief office of police is to be read as a reference to a Provost Marshal;
in relation to an application under section 103E of this Act, or an application under section 350 of the Sentencing Code, in respect of a defendant who at the time of the application is neither a person subject to service law nor a civilian subject to service discipline—
the application must be made to the Crown Court in England and Wales;
an appeal against the making of an order under section 103E of this Act or section 350 of the Sentencing Code, or the refusal to make such an order, must be made to the Court of Appeal in England and Wales.
In this section— “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act); “Provost Marshal” means the Provost Marshal of a service police force or the Provost Marshal for serious crime; “service court” means the Court Martial or the Service Civilian Court; “subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).
In subsection (1)(a) the reference to a service court includes a reference to the following—
the Court Martial Appeal Court;
the Supreme Court on an appeal brought from the Court Martial Appeal Court;
a court-martial;
a Standing Civilian Court.
Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in relation to a sexual harm prevention order made by the Court Martial Appeal Court, as if the reference to a service court in that subsection included a reference to that court.
Any power to make orders or regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument.
A statutory instrument containing an order or regulations under section 21, 22A, any of sections 83 to 86 , section 130 or section 136Q(1) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Any other statutory instrument, except one containing an order under section 141, is to be subject to annulment in pursuance of a resolution of either House of Parliament.
Orders or regulations made by the Secretary of State under this Act may—
make different provision for different purposes;
include supplementary, incidental, consequential, transitional, transitory or saving provisions.
Any power of the Department of Justice in Northern Ireland to make orders or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
An order or regulations under any of sections 83 to 86 or section 130 may not be made by the Department of Justice unless a draft of the order or regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
Any other order or regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Orders or regulations made by the Department of Justice may—
make different provision for different purposes;
include supplementary, incidental, consequential, transitional, transitory or saving provisions.
Schedule 6 contains minor and consequential amendments.
Any power to make orders or regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument.
A statutory instrument containing an order or regulations under section 21, 22A, 83, 84,85, 86 , 88H or 130 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Any other statutory instrument, except one containing an order under section 141, is to be subject to annulment in pursuance of a resolution of either House of Parliament.
Orders or regulations made by the Scottish Ministers under this Act may—
make different provision for different purposes,
include supplementary, incidental, consequential, transitional, transitory or saving provisions.
The provisions listed in Schedule 7 are repealed or revoked to the extent specified.
This Act, except this section and sections 138, 142 and 143, comes into force in accordance with provision made by the Secretary of State by order.
An order under subsection (1) may—
make different provision for different purposes;
include supplementary, incidental, saving or transitional provisions.
Subject to section 137 and to subsections (2) to (4), this Act extends to England and Wales only.
The following provisions also extend to Northern Ireland—
sections 46 and ...,
Schedule 2,
sections 80 to 85, 86 to 88, 89 to 91, 92 to 96, 96B to 103, 122F and 130 to 136ZD;
sections 138, 141, 143 and this section.
Part 2A;
The following provisions also extend to Scotland—
sections 80 to 85, 86 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, 130 to 132 and 133 to 136ZB;
sections 138, 141, 143 and this section.
Sections 85A, 96A, 96AA, 110, 117A, 119 and 123 to 129 and Schedule 3A extend only to Northern Ireland.
Unless otherwise provided, any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.
Section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) continues to have effect despite the repeal by this Act of section 8 of the Sex Offenders Act 1997 (c. 51).
Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to Scotland.
Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to Northern Ireland and Scotland but not to England and Wales.
For the purposes of the Scotland Act 1998 (c. 46), this Act is to be taken to be a pre-commencement enactment.
The references to section 96A in subsections (2A) and (3A) are references respectively to—
the section 96A inserted by the Criminal Justice Act (Northern Ireland) 2013, and
the section 96A inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006.
This Act may be cited as the Sexual Offences Act 2003.
This section applies for the purposes of this Part.
The specified prostitution offences are—
an offence under ... Article 37 of the Sexual Offences (Northern Ireland) Order 2008 (“the Northern Ireland Order”);
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);
an offence under Article 38 of the Northern Ireland Order committed by causing or inciting a child to become a prostitute;
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);
an offence under Article 39 of the Northern Ireland Order committed by controlling the activities of a child relating to the child's prostitution;
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;
an offence under Article 40 of the Northern Ireland Order committed by arranging or facilitating a child's prostitution;
an offence under section 52 of this Act or Article 62 of the Northern Ireland Order;
an offence under section 53 of this Act or Article 63 of the Northern Ireland Order.
The specified pornography offences are—
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);
an offence under Article 38 of the Northern Ireland Order committed by causing or inciting a child to be involved in pornography;
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);
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;
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;
an offence under Article 40 of the Northern Ireland Order committed by arranging or facilitating a child's involvement in pornography.
The specified child sex offences are—
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;
an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);
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.
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).
Premises are being used for activities related to a specified prostitution offence—
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
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.
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.
Premises are being used for activities related to a specified child sex offence at any time when the premises are used—
to commit the offence, or
for activities intended to arrange or facilitate the commission of the offence.
Any reference to an offence under this Act includes a reference to—
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;
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.
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.
The first condition is that the officer has reasonable grounds for believing that either subsection (3) or (4) (or both) applies.
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).
This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.
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.
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.
The third condition is that the officer is satisfied—
that the local authority for the area in which the premises are situated has been consulted, and
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.
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).
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.
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.
The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.
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.
The first condition is that the officer has reasonable grounds for believing that—
during the relevant period, the premises were used for activities related to one or more specified child sex offences, or
the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child sex offences.
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.
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.
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).
The third condition is that the officer is satisfied that reasonable efforts have been made—
to consult the local authority for the area in which the premises are situated, and
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.
If the local authority has not been consulted when the notice is issued, it must be consulted as soon as possible afterwards.
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.
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.
The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.
A closure notice must—
state that no-one other than a person who regularly resides on, or owns, the premises may enter or remain on them,
state that failure to comply with the notice amounts to an offence,
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,
state that an application will be made under section 136D for the closure of the premises,
specify the date and time when, and the place at which, that application will be heard, and
explain the effects of an order under section 136D.
A closure notice must be served by a constable.
Service is effected by—
fixing a copy of the notice to at least one prominent place on the premises,
fixing a copy of the notice to each normal means of access to the premises,
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
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.
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.
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.
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).
A closure notice has effect until an application for a closure order is determined under section 136D.
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).
If a closure notice has been issued, a constable must apply under this section to a magistrates' court for a closure order.
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.
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).
The magistrates' court may make a closure order if three conditions are met.
The first condition is that the court is satisfied that at least one of subsections (6), (7) and (7A) applies.
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).
This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.
This subsection applies if—
during the relevant period, the premises were used for activities related to one or more specified child sex offences, or
the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child sex offences.
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.
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.
The third condition is that the court is satisfied that—
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
a constable complied with section 136C(3)(d) in relation to the persons so identified.
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).
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.
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—
an occupier of the premises;
a person who has control of or responsibility for the premises;
any other person with an interest in the premises.
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.
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.
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.
This section applies if a closure order is made.
A constable or an authorised person may—
enter the premises in respect of which the order is made;
do anything reasonably necessary to secure the premises against entry by any person.
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.
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.
A constable or an authorised person acting under subsection (2) or (4) may use reasonable force.
In this section “authorised person”—
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;
in the application of this section to Northern Ireland, means a person authorised by the Chief Constable of the Police Service of Northern Ireland.
A person who remains on or enters premises in contravention of a closure notice commits an offence.
A person who remains on or enters premises in contravention of a closure order commits an offence.
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.
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.
A person guilty of an offence under this section is liable on summary conviction— or to both.
to imprisonment for a period not exceeding 51 weeks, or
to a fine not exceeding level 5 on the standard scale,
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection
In the application of this section to Northern Ireland—
the reference in subsection (5)(a) to 51 weeks is to be read as a reference to 6 months, and
subsection (6) is omitted.
In this section “authorised person” has the same meaning as in section 136F.
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.
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.
Authorisation may be given under subsection (2) if two conditions are met.
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.
The second condition is that the officer is satisfied that the local authority has been consulted about the intention to make a complaint.
If a complaint is made under subsection (1) the appropriate judicial officer may issue a summons directed to— requiring such person to appear before the magistrates' court to answer to the complaint.
any person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), or
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,
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—
the persons to whom the summons is directed,
such constable as the judicial officer thinks appropriate (unless the complainant is a constable), and
the local authority.
In this section “the appropriate judicial officer” means—
in the application of this section to England and Wales, a justice of the peace;
in the application of this section to Northern Ireland, a lay magistrate.
This section applies where a complaint is made under section 136H.
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.
The period specified in the order may not exceed 3 months.
The total period for which a closure order has effect may not exceed 6 months.
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.
Any of the following persons may make a complaint to an appropriate judicial officer for an order that a closure order be discharged—
a constable;
the local authority;
a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4);
any other person who has an interest in the closed premises but on whom the closure notice was not served.
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.
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.
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—
the persons mentioned in subsection (1)(c) and (d) (other than the complainant),
a constable (unless a constable is the complainant), and
the local authority (unless it is the complainant).
In this section “appropriate judicial authority” has the same meaning as in section 136H.
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 person on whom the closure notice relating to the closed premises was served under section 136C(3)(d), or
any other person who has an interest in the closed premises but on whom the closure notice was not served.
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 constable, or
the local authority.
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.
On an appeal under this section the court may make such order as it thinks appropriate.
In this section “the appropriate appeal court” means—
in the application of this section to England and Wales, the Crown Court;
in the application of this section to Northern Ireland, a county court.
This section applies to any person who occupies or has an interest in any part of a building or other structure—
in which closed premises are situated, and
in respect of which the closure order does not have effect.
A person to whom this section applies may at any time while a closure order has effect apply to—
the magistrates' court in respect of an order made under section 136D or 136I, or
the appropriate appeal court in respect of an order made by that court under section 136K.
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 constable,
the local authority.
each person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), and
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.
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.
It is immaterial whether any provision has been made as mentioned in section 136E(3) or 136I(5).
In this section “appropriate appeal court” has the same meaning as in section 136K.
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.
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).
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.
An application under this section must be served on—
the local policing body for the area in which the premises are situated, if the application is made by the local authority,
the local authority, if the application is made by a local policing body , and
the owner of the premises.
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.
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.
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.
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.
No person is vicariously liable for anything done or omitted to be done by an authorised person as mentioned in subsection (3).
Subsections (1) to (4) do not apply—
if the act or omission is shown to have been in bad faith;
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.
This section does not affect any other exemption from liability for damages (whether at common law or otherwise).
In this section—
“authorised person” has the same meaning as in section 136F;
“relevant damages” means damages in proceedings for judicial review or for the tort of negligence or misfeasance in public office.
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.
A person who claims to have incurred financial loss in consequence of a closure notice or closure order may apply for compensation.
The application must be made—
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;
in any other case, to the magistrates' court which considered the application for a closure order.
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—
the day the magistrates' court decides not to make a closure order, or
if there is an appeal against that decision, the day the appropriate appeal court dismisses that appeal.
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.
The court which hears the application may order the payment of compensation out of central funds if it is satisfied—
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,
if the person is the owner or occupier of the premises, that the person took reasonable steps to prevent that use,
that the person has incurred financial loss as mentioned in subsection (1), and
having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.
In this section—
“appropriate appeal court” has the same meaning as in section 136K;
“central funds” has the same meaning as in enactments providing for the payment of costs.
In the application of this section to Northern Ireland—
the reference in subsection (5) to “central funds” is to be read as a reference to monies provided by Parliament, and
subsection (6)(b) is omitted.
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).
A person discharging a function to which guidance under this section relates must have regard to the guidance in discharging the function.
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.
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.
This section applies for the purposes of this Part.
“A closure notice” means a notice issued under section 136B or 136BA.
“A closure order” means—
an order made under section 136D;
an order extended under section 136I;
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).
“Closed premises” means premises in respect of which a closure order has effect.
“Local authority”, in relation to England, means—
a district council;
a London borough council;
a county council for an area for which there is no district council;
the Common Council of the City of London in its capacity as a local authority;
the Council of the Isles of Scilly.
“Local authority”, in relation to Wales, means—
a county council;
a county borough council.
“Local authority”, in relation to Northern Ireland, means a district council.
In the application of this Part to England and Wales, references to the local authority in relation to— are references to the local authority for the area in which the premises are situated.
any premises,
a closure notice relating to any premises, or
a closure order relating to any premises,
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.
In the application of this Part to Northern Ireland, references to the local authority in relation to— are references to the council for the district in which the premises are situated.
any premises,
a closure notice relating to any premises, or
a closure order relating to any premises,
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.
“The owner”, in relation to premises, means—
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);
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.
“Premises” includes—
any land or other place (whether enclosed or not);
any outbuildings which are, or are used as, part of the premises.
“Specified prostitution offence” means an offence listed in section 136A(2).
“Specified pornography offence” means an offence listed in section 136A(3).
In the application of this Part to England and Wales, references to specified pornography offences are to be ignored.
“Specified child sex offence” means an offence listed in section 136A(3A).
In the application of this Part to Northern Ireland, references to specified child sex offences and to section 136BA are to be ignored.
Section 56
Section 72(7)
In relation to England and Wales, subsections (1) and (2) of section 72 also apply to an offence under any of sections 1 to 4 where the victim of the offence was 18 or over at the time of the offence.
“relevant function” means—
In relation to England and Wales, the following are sexual offences to which subsections (1), (2) and (3) of section 72 apply—
an offence under any of sections 5 to 19, 25 and 26 and 47 to 50;
an offence under any of sections 1 to 4, 30 to 41 and 61 where the victim of the offence was under 18 at the time of the offence;
an offence under section 62 or 63 where the intended offence was an offence against a person under 18;
an offence under— ...
section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), or
section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child).
an offence under section 66I;
Rape.
In making the decision applied for, the Secretary of State must consider— but is not to seek evidence from any witness. On making the decision the Secretary of State must—
In this Schedule a reference to an offence includes— In the case of an attempt, conspiracy or incitement, references in paragraph 2 to the act of buggery, carnal knowledge or gross indecency are references to the act of buggery, carnal knowledge or gross indecency to which the attempt, conspiracy or incitement related (whether or not that act occurred). Sub-paragraphs (1) and (2) apply, with appropriate modifications, to an offence under Part 2 of the Serious Crime Act 2007 as they apply to the offence of incitement.
An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female) if—
where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 61 of that Act (buggery) if—
the offender was 20 or over, and
the victim or (as the case may be) other party was under 18.
An offence under section 62 of that Act of assault with intent to commit buggery if the victim or (as the case may be) other party was under 18, and the offender —
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 62 of that Act of indecent assault upon a male person if—
where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 4 of that Act of unlawful carnal knowledge of a girl under 14 if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 5 of that Act of unlawful carnal knowledge of a girl under 17, if the offender was 20 or over.
An offence under section 7 of that Act (abduction of girl under 18) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 11 of that Act (homosexual offences) if—
the offender was 20 or over, and
the victim or (as the case may be) other party was under 18.
An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), if —
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim or (as the case may be) other party was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment, or
detained in a hospital.
An offence under section 2 of that Act (incest by females), if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim or (as the case may be) other party was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment, or
detained in a hospital.
An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or prostitution of a girl under 17) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 22 of that Act (indecent conduct towards a child) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16, and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).
An offence under Article 123 of that Order (offences against patients) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case, the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photographs of children) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—
the offender was 20 or over, and
the victim or (as the case may be) other party was under 17.
An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under 18 and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under Article 21 of that Order (indecent assault upon a male) if—
where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 15 of this Act (meeting a child following sexual grooming etc.).
An offence under any of sections 16 to 19 of this Act (abuse of trust) if the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 17 and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to a term of imprisonment of at least 12 months.
An offence under section 66 of this Act (exposure) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 67 of this Act (voyeurism) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case, the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment, or
detained in a hospital.
“the appropriate court” means—
A reference in paragraph 1 or 1A ... to an offence includes—
a reference to an attempt, conspiracy or incitement to commit that offence; and
a reference to aiding and abetting, counselling or procuring the commission of that offence.
On an appeal under this section, the sheriff or the sheriff principal may—
uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff;
make a notification continuation order; or
vary the fixed period in that order.
Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal.
Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.
The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if—
sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or
personally served on the relevant sex offender and relevant chief constable.
The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10).
The matter is finally determined—
where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken;
where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or
where an appeal is taken—
on the disposal of the appeal; or
on its being abandoned.
Section 80
“child” means a person under 16.
An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).
Murder.
An offence under section 5 of that Act (intercourse with girl under 13).
Manslaughter.
An offence under section 6 of that Act (intercourse with girl under 16), if the offender was 20 or over.
Kidnapping.
An offence under section 10 of that Act (incest by a man), if the victim or (as the case may be) other party was under 18.
Riot.
An offence under section 12 of that Act (buggery) if—
the offender was 20 or over, and
the victim or (as the case may be) other party was under 18.
Affray.
An offence under section 13 of that Act (indecency between men) if—
the offender was 20 or over, and
the victim or (as the case may be) other party was under 18.
False imprisonment.
An offence under section 14 of that Act (indecent assault on a woman) if—
the victim or (as the case may be) other party was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to imprisonment for a term of at least 30 months; or
admitted to a hospital subject to a restriction order.
An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).
An offence under section 15 of that Act (indecent assault on a man) if—
the victim or (as the case may be) other party was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to imprisonment for a term of at least 30 months; or
admitted to a hospital subject to a restriction order.
An offence under section 16 of that Act (threats to kill).
An offence under section 16 of that Act (assault with intent to commit buggery), if the victim or (as the case may be) other party was under 18.
An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).
An offence under section 20 of that Act (malicious wounding).
An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent conduct towards young child).
An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).
An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl under 16 to have incestuous sexual intercourse).
An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).
An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), if the indecent photographs or pseudo-photographs showed persons under 16 and—
the conviction, finding or caution was before the commencement of this Part, or
the offender—
was 18 or over, or
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16 and—
the conviction, finding or caution was before the commencement of this Part, or
the offender—
was 18 or over, or
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 27 of that Act (abandoning children).
An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of a child), if the indecent photographs or pseudo-photographs showed persons under 16 and—
the conviction, finding or caution was before the commencement of this Part, or
the offender—
was 18 or over, or
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 28 of that Act (causing bodily injury by explosives).
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender was 20 or over.
An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).
An offence under section 1 or 2 of this Act (rape, assault by penetration).
An offence under section 30 of that Act (placing explosives with intent to do bodily injury).
An offence under section 3 of this Act (sexual assault) if—
where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).
An offence under any of sections 4 to 6 of this Act (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).
An offence under section 32 of that Act (endangering the safety of railway passengers).
An offence under section 7 of this Act (sexual assault of a child under 13) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 35 of that Act (injuring persons by furious driving).
An offence under any of sections 8 to 12 of this Act (causing or inciting a child under 13 to engage in sexual activity, child sex offences committed by adults).
An offence under section 37 of that Act (assaulting officer preserving wreck).
An offence under section 13 of this Act (child sex offences committed by children or young persons), if the offender is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.
An offence under section 47 of that Act of assault occasioning actual bodily harm.
An offence under section 14 of this Act (arranging or facilitating the commission of a child sex offence) if the offender—
was 18 or over, or
is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.
An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).
An offence under section 15 of this Act (meeting a child following sexual grooming etc).
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
An offence under any of sections 16 to 19 of this Act (abuse of a position of trust) if the offender, in respect of the offence, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).
An offence under section 25 or 26 of this Act (familial child sex offences) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).
An offence under any of sections 30 to 37 of this Act (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).
An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest).
An offence under any of sections 38 to 41 of this Act (care workers for persons with mental disorder) if —
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case, the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children).
An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 8 of that Act (robbery or assault with intent to rob).
An offence under section 61 of this Act (administering a substance with intent).
An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).
inflict grievous bodily harm on a person, or
do unlawful damage to a building or anything in it.
An offence under section 62 or 63 of this Act (committing an offence or trespassing, with intent to commit a sexual offence) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the intended offence was an offence against a person under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 10 of that Act (aggravated burglary).
An offence under section 64 or 65 of this Act (sex with an adult relative) if —
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case, the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment, or
detained in a hospital.
An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).
An offence under section 66 of this Act (exposure) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.
An offence under section 67 of this Act (voyeurism) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 58(1) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/ (N.I. )) (possession of firearm with intent to endanger life).
An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case, the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment, or
detained in a hospital.
An offence under Article 58(2) of that Order (possession of firearm with intent to cause fear of violence).
An offence under Article 59(1) of that Order (use of firearm to resist arrest).
An offence under Article 59(2) of that Order (possession of firearm at time of committing or being arrested for an offence specified in Schedule 4 to that Order).
An offence under Article 60 of that Order (carrying a firearm with criminal intent).
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4) (ill-treatment of patients).
An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
An offence under section 9 of that Act (hijacking of ships).
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
An offence under section 13 of that Act (offences involving threats).
An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving).
An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).
An offence under Article 6 of that Order (putting people in fear of violence).
An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).
An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
An offence under section 47 of this Act, where the victim or (as the case may be) other party was 17 or over.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An offence under section 15A of this Act (sexual communication with a child).
An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 66A of this Act (sending etc photograph or film of genitals) if—
where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 66B(3) of this Act (sharing intimate photograph or film for purpose of obtaining sexual gratification) if—
where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 66I of this Act (purported intimate image generators), if the offender is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 67A of this Act (voyeurism: additional offences), if— Where the offender was under 18, the relevant condition is that the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months. In any other case, the relevant condition is that—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—
was 18 or over, and
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—
was 18 or over, and
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual) if the offender—
was 18 or over, or
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
Abduction with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009 (asp 9).
Abduction with intent to commit rape under section 18 (rape of a young child) of that Act.
Assault with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009.
Assault with intent to commit rape under section 18 (rape of a young child) of that Act.
Public indecency if—
a person (other than the offender) involved in the offence was under 18, and
the court determines that there was a significant sexual aspect to the offender's behaviour in committing the offence.
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if
the prohibited goods included indecent photographs or pseudo-photographs of persons under 16 and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.
An offence under section 51A of the Civic Government (Scotland) Act 1982 (c.45) (possession of extreme pornography) if—
the offender—
was 18 or over, and
is or has been sentenced in respect of the offence to imprisonment for a term of more than 12 months, and
in imposing sentence, the court determines that it is appropriate that Part 2 of this Act should apply in relation to the offender.
An offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)(meeting a child following certain preliminary contact) if—
the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.
An offence under section 9 of that Act (paying for sexual services of a child), if—
the victim or (as the case may be) other party was under 16 and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.
An offence under any of sections 10 to 12 of that Act, if—
the provider of sexual services or (as the case may be) person involved in pornography was under 16 and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.
An offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape).
An offence under section 2 of that Act (sexual assault by penetration).
An offence under section 3 of that Act (sexual assault).
An offence under section 4 of that Act (sexual coercion).
An offence under section 5 of that Act (coercing a person into being present during a sexual activity).
An offence under section 6 of that Act (coercing a person into looking at a sexual image).
An offence under section 7(1) of that Act (communicating indecently).
An offence under section 7(2) of that Act (causing a person to see or hear an indecent communication).
An offence under section 8 of that Act (sexual exposure) if—
the offender, in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital, or
the offender was 18 or over and the victim was under 18.
An offence under section 9 of that Act (voyeurism).
An offence under section 11 of that Act (administering a substance for sexual purposes).
An offence under section 18 of that Act (rape of a young child).
An offence under section 19 of that Act (sexual assault on a young child by penetration).
An offence under section 20 of that Act (sexual assault on a young child).
An offence under section 21 of that Act (causing a young child to participate in a sexual activity).
An offence under section 22 of that Act (causing a young child to be present during a sexual activity).
An offence under section 23 of that Act (causing a young child to look at a sexual image).
An offence under section 24(1) of that Act (communicating indecently with a young child).
An offence under section 24(2) of that Act (causing a young child to see or hear an indecent communication).
An offence under section 25 of that Act (sexual exposure to a young child).
An offence under section 26 of that Act (voyeurism towards a young child).
An offence under section 28 of that Act (having intercourse with an older child) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 29 of that Act (engaging in penetrative sexual activity with or towards an older child) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 30 of that Act (engaging in sexual activity with or towards an older child) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 31 of that Act (causing an older child to participate in a sexual activity) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 32 of that Act (causing an older child to be present during a sexual activity) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 33 of that Act (causing an older child to look at a sexual image) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 34(1) of that Act (communicating indecently with an older child) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 34(2) of that Act (causing an older child to see or hear an indecent communication) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 35 of that Act (sexual exposure to an older child) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 36 of that Act (voyeurism towards an older child) if the offender—
was 18 or over, or
in respect of the offence, is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 37(1) of that Act (engaging while an older child in sexual conduct with or towards another older child) if, in respect of the offence, the offender is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 37(4) of that Act (engaging while an older child in consensual sexual conduct with another older child) if, in respect of the offence, the offender is or has been—
sentenced to a term of imprisonment, or
admitted to a hospital.
An offence under section 42 of that Act (sexual abuse of trust) where (either or both)—
the offender is 20 or over,
the condition set out in section 43(6) of that Act is fulfilled.
An offence under section 46 of that Act (sexual abuse of trust of a mentally disordered person).
An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—
was 18 or over, and
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
An offence under Article 5 or 6 of the Sexual Offences (Northern Ireland) Order 2008 (rape, assault by penetration).
An offence under Article 7 of that Order (sexual assault) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 8, 12 or 13 of that Order (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).
An offence under Article 14 of that Order (sexual assault of a child under 13) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under any of Articles 15 to 19 of that Order (causing or inciting a child under 13 to engage in sexual activity, sexual offences against children committed by adults).
An offence under Article 20 of that Order (sexual offences against children committed by children or young persons), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under Article 21 of that Order (arranging or facilitating the commission of a sexual offence against a child) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An offence under Article 22 of that Order (meeting a child following sexual grooming etc).
An offence under Article 22A of that Order (sexual communication with a child).
An offence under Article 22B of that Order (communicating with a person with a view to grooming a particular child).
An offence under Article 22C of that Order (communicating with a group with a view to grooming a particular child).
An offence under Article 22D of that Order (communicating with a person with a view to grooming any child).
An offence under Article 22E of that Order (communicating with a group with a view to grooming any child).
An offence under any of Articles 23 to 26 of that Order (abuse of a position of trust) if the offender, in respect of the offence, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 32 or 33 of that Order (familial sexual offences against children) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under Article 37 (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under Article 38 (causing or inciting child prostitution or pornography) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under Article 39 (controlling a child prostitute or a child involved in pornography) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under Article 40 (arranging or facilitating child prostitution or pornography) if the offender—
was 18 or over, or
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
An offence under any of Articles 43 to 50 of that Order (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).
An offence under any of Articles 51 to 54 of that Order (care workers for persons with mental disorder) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case, the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 65 of that Order (administering a substance with intent).
An offence under Article 66 or 67 of that Order (committing an offence or trespassing, with intent to commit a sexual offence) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the intended offence was an offence against a person under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 68 or 69 of that Order (sex with an adult relative) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case, the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment, or
detained in a hospital.
An offence under Article 70 of that Order (exposure) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 71 of that Order (voyeurism) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case—
the victim was under 18, or
the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment,
detained in a hospital, or
made the subject of a community sentence of at least 12 months.
An offence under Article 71A or 71B of that Order (voyeurism: additional offences) if— Where the offender was under 18, the relevant condition is that the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months. In any other case, the relevant condition is that—
An offence under Article 72A of that Order (sending etc an unwanted sexual image) if— Where the offender was under 18, the relevant condition is that the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months. In any other case, the relevant condition is that—
An offence under Article 73 or 74 of that Order (intercourse with an animal, penetration of a corpse) if—
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
in any other case, the offender, in respect of the offence or finding, is or has been—
sentenced to a term of imprisonment, or
detained in a hospital.
An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—
was 18 or over, and
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual) if the offender—
was 18 or over, or
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
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 an offence listed in any of paragraphs 1 to 35B. A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under that section, as a reference to— Section 48 of that Act (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.
A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.
Section 93
“sexual risk order” includes a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
An application must be in writing and state— An application may include representations by the relevant offender about the matters mentioned in sub-paragraph (1).
If the Secretary of State decides that it does not appear as mentioned in paragraph 2(1), and if the High Court gives permission, the relevant offender may appeal to that court. On an appeal the court may not receive oral evidence. The court— An order under sub-paragraph (3)(a) has the same effect as a decision of the Secretary of State recorded under paragraph 3(2)(a) has under paragraph 4. There is no appeal from the decision of the High Court.
An offence under— of which the corresponding civil offence (within the meaning of that Act) is an offence under a provision listed in any of paragraphs 1 to 63A .
section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
section 42 of the Naval Discipline Act 1957 (c. 53),
“parent” includes an adoptive parent;
“child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;
Section 104
Outraging public decency.
An offence under section 1 of the Theft Act 1968 (c.60) (theft).
An offence under section 1 of the Child Abduction Act 1984 (c. 37) (offence of abduction of child by parent, etc).
An offence under section 2 of that Act (offence of abduction of child by other persons).
An offence under section 2 or 2A of the Protection from Harassment Act 1997 (c. 40) (offences of harassment and stalking).
An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).
An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).
An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult a child or vulnerable adult to die or suffer serious physical harm).
An offence under section 2 of the Modern Slavery Act 2015 (human trafficking).
An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
An offence under section 179 of the Online Safety Act 2023 (false communications).
An offence under section 181 of that Act (threatening communications).
An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).
Outraging public decency.
An offence under section 9(1)(a) of that Act (riotous, disorderly and indecent behaviour, etc).
An offence under section 1 of the Theft Act (Northern Ireland) 1969 (c.16) (basic definition of theft).
An offence under Article 3 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1638 (N.I. 17)) (offence of abduction of child by parent).
An offence under Article 4 of that Order (offence of abduction of child by other person).
An offence under Article 68 of the Children (Northern Ireland) Order 1995 (abduction of children in care, etc.).
An offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180) (N.I. 9)) (offence of harassment).
An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).
An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).
An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).
An offence under Article 62 (causing or inciting prostitution for gain) or 63 (controlling prostitution for gain) of the Sexual Offences (Northern Ireland) Order 2008.
An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.
An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018 (hijacking of spacecraft).
An offence under paragraph 2 of that Schedule (destroying, damaging or endangering the safety of spacecraft).
An offence under paragraph 3 of that Schedule (other acts endangering or likely to endanger safety of spacecraft).
An offence under paragraph 4 of that Schedule (endangering safety at spaceports).
An offence under paragraph 5 of that Schedule (offences in relation to certain dangerous articles).
An offence under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (non-fatal strangulation or asphyxiation).
An offence under section 179 of the Online Safety Act 2023 (false communications).
An offence under section 181 of that Act (threatening communications).
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 an offence listed in any of paragraphs 1 to 63A. Section 48 of that Act (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.
A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.
Section 139
Section 140 Reference Extent of repeal or revocation Vagrancy Act 1824 (c. 83) In section 4 except so far as extending to Northern Ireland, the words from “every person wilfully” to “female”. In section 4 as it extends to Northern Ireland, the words from “wilfully, openly, lewdly” to “any female; or”. Town Police Clauses Act 1847 (c. 89) In section 28 the words “every person who wilfully and indecently exposes his person:”. Offences Against the Person Act 1861 (c. 100) Sections 61 and 62. Criminal Law Amendment Act 1885 (c. 69) Section 2(2) to (4). Section 11. Vagrancy Act 1898 (c. 39) The whole Act. Criminal Law Amendment Act 1912 (c. 20) Section 7. Visiting Forces Act 1952 (c. 67) In the Schedule, in paragraph 1(a) the words “rape, buggery”; paragraph 1(b)(viii). Army Act 1955 (3 & 4 Eliz. 2 c. 18) In section 70(4), the words “or rape”. Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) In section 70(4), the words “or rape”. Sexual Offences Act 1956 (c. 69) Sections 1 to 7. Sections 9 to 17. Sections 19 to 32. Sections 41 to 47. In Schedule 2, paragraphs 1 to 32. Naval Discipline Act 1957 (c. 53) In section 48(2), the words “or rape”. Mental Health Act 1959 (c. 72) Sections 127 and 128. Indecency with Children Act 1960 (c. 33) The whole Act. Sexual Offences Act 1967 (c. 60) Section 1. Section 4. Section 5. Sections 7 and 8. Section 10. Theft Act 1968 (c. 60) In section 9(2), the words “or raping any person”. Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) In section 21, in subsection (1) the words “or the prostitution of,” and in subsection (2) the words “or the prostitution of,” and “or who has become a prostitute,”. Criminal Justice Act 1972 (c. 71) Section 48. National Health Service Reorganisation Act 1973 (c. 32) In Schedule 4, paragraph 92. Sexual Offences (Amendment) Act 1976 (c. 82) Section 1(2). Section 7(3). Criminal Law Act 1977 (c. 45) Section 54. National Health Service Act 1977 (c. 49) In Schedule 15, paragraph 29. Internationally Protected Persons Act 1978 (c. 17) In section 1(1)(a), the word “rape,”. Suppression of Terrorism Act 1978 (c. 26) In section 4(1)(a), the word “11,”. In Schedule 1, paragraph 11. Magistrates' Courts Act 1980 (c. 43) In section 103(2)(c), the words from “the Indecency with Children Act 1960” to “1977 or”. In Schedule 1, paragraphs 23, 27 and 32. In Schedule 7, paragraph 18. Criminal Attempts Act 1981 (c. 47) In section 4(5), paragraph (a) and the word “and” immediately after it. Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) In Article 29(1), the words from “or with an offence under section 1(1)(b) of the Vagrancy Act 1898” to “homosexual act”. In Schedule 2, paragraphs 5(c), 10(c) and 22. Criminal Justice Act 1982 (c. 48) In Schedule 1, in Part 1, paragraph 2, and in Part 2, the cross-heading immediately before paragraph 12, and paragraphs 12 to 14. Mental Health (Amendment) Act 1982 (c. 51) In Schedule 3, paragraphs 29 and 34. Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) In Article 2(2), in the definition of “homosexual act”, the words from “, an act of gross indecency” to the end. Article 3. Article 7. Article 8. Article 10(2)(a) and (b). In Article 11(1), the words “, or gross indecency with,”. Article 12(1). Article 13. In the Schedule, paragraphs 3, 4 and 7. Mental Health Act 1983 (c. 20) In Schedule 4, paragraph 15. Police and Criminal Evidence Act 1984 (c. 60) In section 80(7), the words from “the Sexual Offences Act 1956” to “1977 or”. In Schedule 1A, paragraph 4 and the cross-heading immediately before it. In Part 1 of Schedule 5, paragraphs 4 and 6 to 8. In Part 2 of Schedule 5, paragraph 2 and the cross-heading immediately before it. In Part 1 of Schedule 6, paragraph 9. Sexual Offences Act 1985 (c. 44) Section 3. Section 4(2) and (3). Section 5(2). Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) In Schedule 5, in Part II, the entry relating to the Homosexual Offences (Northern Ireland) Order 1982. Criminal Justice Act 1988 (c. 33) In section 32(2)(c), the words from “the Sexual Offences Act 1956” to “1977 or”. Children Act 1989 (c. 41) In Schedule 12, paragraphs 11 to 14 and 16. Criminal Justice and Public Order Act 1994 (c. 33) Sections 142 to 144. In Schedule 10, paragraphs 26 and 35(2) and (4). Criminal Procedure and Investigations Act 1996 (c. 25) Section 56(2)(a). Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29) In the Schedule, paragraph 1(1)(a). Sexual Offences (Protected Material) Act 1997 (c. 39) In the Schedule, paragraphs 1 to 4. Crime (Sentences) Act 1997 (c. 43) Section 52. Sex Offenders Act 1997 (c. 51) The whole Act. Crime and Disorder Act 1998 (c. 37) Sections 2, 2A, 2B and 3. In section 4, in subsection (1) the words “, a sex offender order or an order under section 2A above” and in subsection (3) the words “or 2(6) above”. Section 20. In Section 21, subsection (2); in subsection (4), the words “or (2)”; in subsection (5), the words “or 20”; in subsection (6), the words “and sex offender orders” and “or 20(4)(a)”; in subsection (7)(b)(i), the words “or, as the case may be, chief constable”; subsections (7A) and (7B); and in subsection (10), the words “or 20”. Section 21A. Section 22(6) and (7). In Schedule 8, paragraphs 36 and 144. Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) In Schedule 1, paragraph 1(c), (e) and (j). Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)). Articles 6, 6A, 6B and 7. Youth Justice and Criminal Evidence Act 1999 (c. 23) In section 35(3)(a), sub-paragraphs (i) to (iv). Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) Section 161(2)(a) to (e). In Schedule 9, paragraphs 189, 190 and 193. Care Standards Act 2000 (c. 14) In Schedule 4, paragraph 2. Criminal Justice and Courts Services Act 2000 (c. 43) Section 39. Section 66. In Schedule 4, paragraphs 1(c) to (i), 2(g) to (m) and 3(b) to (r). Schedule 5. Sexual Offences (Amendment) Act 2000 (c. 44) Section 1(1), (2) and (4). Section 2(1) to (3) and (5). Sections 3 and 4 except so far as extending to Scotland. Section 5. Section 6(1). Armed Forces Act 2001 (c. 19) In Schedule 6, paragraphs 2 and 59. Proceeds of Crime Act 2002 (c. 29) In Schedule 5, paragraph 8(2) to (5). Police Reform Act 2002 (c. 30) Sections 67 to 74. Nationality, Immigration and Asylum Act 2002 (c. 41) Sections 145 and 146. Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) In Schedule 2, in paragraph 2(d), sub-paragraph (x) and the word “or” at the end of sub-paragraph (xi). Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) In Article 19(4), sub-paragraph (a). In Schedule 1, paragraphs 1, 2, 20 and 21.
This Schedule applies to a person who, on or after the date on which section 1 of the Criminal Justice Act (Northern Ireland) 2013 comes into operation, is subject to the notification requirements for an indefinite period. A person to whom this Schedule applies is referred to in this Schedule as “an offender”. In this Schedule—
Except as provided by sub-paragraph (2), an offender may, at any time after the end of the initial review period, apply to the Chief Constable to discharge the offender from the notification requirements. Sub-paragraph (1) does not apply at any time when— Subject to sub-paragraph (4), the initial review period is— In calculating the initial review period— The date of initial notification is— An application under this paragraph must be in writing and must include— The Chief Constable must, within 14 days of the receipt of an application under this paragraph, give an acknowledgement of the receipt of the application to the offender. The Chief Constable may, before determining any application, request information from any body or person which the Chief Constable considers appropriate.
On an application under paragraph 2 the Chief Constable shall discharge the notification requirements unless the Chief Constable is satisfied— In deciding whether that is the case, the Chief Constable must take into account— In sub-paragraph (2) a reference to a conviction, finding or caution for an offence listed in Schedule 3 or 5 committed in a country outside the United Kingdom is a reference to a conviction, finding or caution in respect of an act which— The functions of the Chief Constable under this paragraph may not be delegated by the Chief Constable except to a police officer not below the rank of superintendent.
The Chief Constable must, within 12 weeks of the date on which an application under paragraph 2 is received, comply with this paragraph. If the Chief Constable discharges the notification requirements— If the Chief Constable decides not to discharge the notification requirements—
Where— the offender may apply to the Crown Court for an order discharging the offender from the notification requirements. An application under this paragraph must be made within the period of 21 days beginning— Paragraph 3 applies in relation to an application under this paragraph as it applies to an application under paragraph 2, but as if references to the Chief Constable were references to the Crown Court. The Chief Constable and the offender may appear or be represented at any hearing in respect of an application under this paragraph. If on an application under this paragraph the Crown Court makes an order discharging the offender from the notification requirements, the appropriate officer of the Crown Court must send a copy of the order to the offender and the Chief Constable. If on an application under this paragraph the Crown Court refuses to make an order discharging the offender, the appropriate officer of the Crown Court must send notice of that refusal to the offender and the Chief Constable.
Except as provided by sub-paragraph (2), where a notice is served on an offender under paragraph 4(3) or 5(6), the offender may, at any time after the end of the further review period, apply to the Chief Constable to discharge the offender from the notification requirements. Sub-paragraph (1) does not apply at any time when— The further review period is— Paragraphs 2(6) to (8), 3, 4 and 5 apply with appropriate modifications in relation to an application under this paragraph as they apply in relation to an application under paragraph 2; and a reference in this Schedule to a provision of paragraph 4 or 5 includes a reference to that provision as applied by this sub-paragraph.
The Department of Justice must issue guidance as to— The Department of Justice may, from time to time, revise the guidance issued under sub-paragraph (1). The Department of Justice must arrange for any guidance issued or revised under this paragraph to be published in such manner as it considers appropriate.
An offender who is, under corresponding legislation, discharged from the notification requirements by a court, person or body in England and Wales or Scotland is, by virtue of the discharge, also discharged from the notification requirements as they apply in Northern Ireland. In sub-paragraph (1) “corresponding legislation” means legislation which makes provision corresponding to that made by this Schedule for an offender who is subject to the notification requirements (as they apply in England and Wales or, as the case may be, Scotland) for an indefinite period to be discharged from those notification requirements.