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(5) The court must not discharge an order before the end of the period of 5 years | |
beginning with the date on which the order was made, without the consent of | |
the chief officer of police who made the application and the defendant. | |
(6) Section 111(2) applies for the purposes of this section. | |
(7) In this section “the appropriate court” means— | 5 |
(a) the court which made the risk of sexual harm order; | |
(b) a magistrates’ court for the area in which the defendant resides; or | |
(c) where the application is made by a chief officer of police, any | |
magistrates’ court whose commission area includes any part of his | |
police area. | 10 |
113 Interim risk of sexual harm orders | |
(1) This section applies where an application for a risk of sexual harm order (“the | |
main application”) has not been determined. | |
(2) An application for an order under this section (“an interim risk of sexual harm | |
order”)— | 15 |
(a) may be made by the complaint by which the main application is made, | |
or | |
(b) if the main application has been made, may be made by the person who | |
has made that application, by complaint to the court to which that | |
application has been made. | 20 |
(3) 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. | |
(4) Such an order— | |
(a) has effect only for a fixed period, specified in the order; | 25 |
(b) ceases to have effect, if it has not already done so, on the determination | |
of the main application. | |
(5) The applicant or the defendant may by complaint apply to the court that made | |
the interim risk of sexual harm order for the order to be varied, renewed or | |
discharged. | 30 |
114 RSHOs and interim RSHOs: appeals | |
(1) A defendant may appeal to the Crown Court— | |
(a) against the making of a risk of sexual harm order; | |
(b) against the making of an interim risk of sexual harm order; or | |
(c) against the making of an order under section 112, or the refusal to make | 35 |
such an order. | |
(2) 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. | |
(3) Any order made by the Crown Court on an appeal under subsection (1)(a) or | 40 |
(b) (other than an order directing that an application be re-heard by a | |
magistrates’ court) is for the purpose of section 112(7) or 113(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). | |
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115 Offence: breach of RSHO or interim RSHO | |
(1) A person commits an offence if, without reasonable excuse, he does anything | |
which he is prohibited from doing by— | |
(a) a risk of sexual harm order; or | |
(b) an interim risk of sexual harm order. | 5 |
(2) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | |
months or a fine not exceeding the statutory maximum or both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
5 years. | 10 |
(3) Where a person is convicted of an offence under this section, it is not open to | |
the court by or before which he is convicted to make, in respect of the offence, | |
an order for conditional discharge. | |
116 Effect of conviction etc. of an offence under section 115 | |
(1) This section applies to a person (“the defendant”) who— | 15 |
(a) is convicted of an offence under section 115; | |
(b) is found not guilty of such an offence by reason of insanity; | |
(c) is found to be under a disability and to have done the act charged | |
against him in respect of such an offence; or | |
(d) in England and Wales or Northern Ireland, is cautioned in respect of | 20 |
such an offence. | |
(2) Where — | |
(a) a defendant was a relevant offender immediately before this section | |
applied to him, and | |
(b) the defendant would (apart from this subsection) cease to be subject to | 25 |
the notification requirements of this Part while the relevant order (as | |
renewed from time to time) has effect, | |
the defendant remains subject to the notification requirements. | |
(3) Where the defendant was not a relevant offender immediately before this | |
section applied to him— | 30 |
(a) this section causes the defendant to become subject to the notification | |
requirements of this Part from the time the section first applies to him | |
until the relevant order (as renewed from time to time) ceases to have | |
effect, and | |
(b) this Part applies to the defendant, subject to the modification set out in | 35 |
subsection (4). | |
(4) The “relevant date” is the date on which this section first applies to the | |
defendant. | |
(5) In this section “relevant order” means— | |
(a) where the conviction, finding or caution within subsection (1) is in | 40 |
respect of a breach of a risk of sexual harm order, that order; | |
(b) where the conviction, finding or caution within subsection (1) is in | |
respect of a breach of an interim risk of sexual harm order, any risk of | |
sexual harm order made on the hearing of the application to which the | |
interim risk of sexual harm order relates or, if no such order is made, | 45 |
the interim risk of sexual harm order. | |
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Power to amend Schedules 2 and 3 | |
117 Power to amend Schedules 2 and 3 | |
(1) The Secretary of State may by order amend Schedule 2 or 3. | |
(2) Subject to subsection (3), an amendment within subsection (4) does not apply | |
to convictions, findings and cautions before the amendment takes effect. | 5 |
(3) For the purposes of sections 103(4) to (6), 104 and 107, an amendment within | |
subsection (4) applies to convictions, findings, cautions and punishments | |
before as well as after the amendment takes effect. | |
(4) An amendment is within this subsection if it— | |
(a) adds an offence, | 10 |
(b) removes a threshold relating to an offence, or | |
(c) changes a threshold in such a way as to cause an offence committed by | |
or against a person of a particular age or in certain circumstances, or | |
resulting in a particular punishment, to be within a Schedule when it | |
would not otherwise be. | 15 |
General | |
118 Young offenders: application | |
This Part applies to— | |
(a) a period of detention which a person is liable to serve under a detention | |
and training order, or a secure training order, | 20 |
(b) a period for which a person is ordered to be detained in residential | |
accommodation under section 44(1) of the Criminal Procedure | |
(Scotland) Act 1995 (c. 46), | |
(c) a period of training in a training school, or of custody in a remand | |
centre, which a person is liable to undergo or serve by virtue of an order | 25 |
under section 74(1)(a) or (e) of the Children and Young Persons Act | |
(Northern Ireland) 1968 (c. 34 (N.I.)), | |
(d) a period for which a person is ordered to be detained in a juvenile | |
justice centre under Article 39 of the Criminal Justice (Children) | |
(Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), | 30 |
(e) a period for which a person is ordered to be kept in secure | |
accommodation under Article 44A of the Order referred to in | |
paragraph (d), | |
(f) a sentence of detention in a young offender institution, a young | |
offenders institution or a young offenders centre, | 35 |
(g) a sentence under a custodial order within the meaning of section 71AA | |
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 43AA of the Naval Discipline Act 1957 | |
(c. 53), | |
(h) a sentence of detention under section 90 or 91 of the Powers of Criminal | 40 |
Courts (Sentencing) Act 2000 (c. 6), section 208 of the Criminal | |
Procedure (Scotland) Act 1995 or section 73 of the Children and Young | |
Persons Act (Northern Ireland) 1968, | |
(i) a sentence of custody for life under section 93 or 94 of the Powers of | |
Criminal Courts (Sentencing) Act 2000, | 45 |
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(j) a sentence of detention, or custody for life, under section 71A of the | |
Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 | |
(3 & 4 Eliz. 2 c. 19) or section 43A of the Naval Discipline Act 1957 | |
(c. 53), | |
as it applies to an equivalent sentence of imprisonment; and references in this | 5 |
Part to prison or imprisonment are to be interpreted accordingly. | |
119 Part 2: general interpretation | |
In this Part— | |
“admitted to a hospital” means admitted to a hospital under— | |
(a) section 37 of the Mental Health Act 1983 (c. 20), section 57(2)(a) | 10 |
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)); | |
(b) Schedule 1 to the Criminal Procedure (Insanity and Unfitness to | |
Plead) Act 1991 (c. 25); or | 15 |
(c) regulations made under subsection (3) of section 116B of the | |
Army Act 1955 or the Air Force Act 1955 or section 63B of the | |
Naval Discipline Act 1957; | |
“cautioned” means— | |
(a) cautioned by a police officer after the person concerned has | 20 |
admitted the offence, or | |
(b) reprimanded or warned within the meaning given by section 65 | |
of the Crime and Disorder Act 1998 (c. 37), | |
and “caution” is to be interpreted accordingly; | |
“community order” means— | 25 |
(a) a community order within the meaning of the Powers of | |
Criminal Courts (Sentencing) Act 2000 (c. 6); | |
(b) a probation order or community service order under the | |
Criminal Procedure (Scotland) Act 1995 or a supervised | |
attendance order made in pursuance of section 235 of that Act; | 30 |
(c) a community order within the meaning of the Criminal Justice | |
(Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)), a | |
probation order under section 1 of the Probation Act (Northern | |
Ireland) 1950 (c. 7 (N.I.)) or a community service order under | |
Article 7 of the Treatment of Offenders (Northern Ireland) | 35 |
Order 1976 (S.I. 1976/226 (N.I. 40)); or | |
(d) a community supervision order under paragraph 4 of Schedule | |
5A to the Army Act 1955 or the Air Force Act 1955 or Schedule | |
4A to the Naval Discipline Act 1957; | |
“conviction” includes a finding of guilt by a court-martial, and | 40 |
“convicted” is to be interpreted accordingly; | |
“country” includes territory; | |
“detained in a hospital” means detained in a hospital under— | |
(a) Part III of the Mental Health Act 1983, section 71 of the Mental | |
Health (Scotland) Act 1984 (c. 36), Part VI of the Criminal | 45 |
Procedure (Scotland) Act 1995 or Part III of the Mental Health | |
(Northern Ireland) Order 1986; | |
(b) Schedule 1 to the Criminal Procedure (Insanity and Unfitness to | |
Plead) Act 1991; or | |
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(c) regulations made under subsection (3) of section 116B 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 63B of the Naval Discipline Act | |
1957 (c. 53); | |
“guardianship order” means a guardianship order under section 37 of the | 5 |
Mental Health Act 1983 (c. 20), section 58 of the Criminal Procedure | |
(Scotland) Act 1995 (c. 46) or Article 44 of the Mental Health (Northern | |
Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)); | |
“home address” has the meaning given by section 85(7); | |
“interim notification order” has the meaning given by section 99(2); | 10 |
“interim risk of sexual harm order” has the meaning given by section | |
113(2); | |
“interim sexual offences prevention order” has the meaning given by | |
section 107(2); | |
“local police area” has the meaning given by section 90(3); | 15 |
“local probation board” has the same meaning as in the Criminal Justice | |
and Court Services Act 2000 (c. 43); | |
“notification order” has the meaning given by section 96(1); | |
“notification period” has the meaning given by section 82(1); | |
“order for conditional discharge” has the meaning given by each of the | 20 |
following— | |
(a) section 12(3) of the Powers of Criminal Courts (Sentencing) Act | |
2000 (c. 6); | |
(b) Article 2(2) of the Criminal Justice (Northern Ireland) Order | |
1996 (S.I. 1996/3160 (N.I. 24)); | 25 |
(c) paragraph 2(1) of Schedule 5A to the Army Act 1955; | |
(d) paragraph 2(1) of Schedule 5A to the Air Force Act 1955; | |
(e) paragraph 2(1) of Schedule 4A to the Naval Discipline Act 1957; | |
“parental responsibility” has the same meaning as in the Children Act | |
1989 (c. 41) or the Children (Northern Ireland) Order 1995 (S.I. 1995/ | 30 |
755 (N.I. 2)), and “parental responsibilities” has the same meaning as in | |
Part I of the Children (Scotland) Act 1995 (c. 36); | |
“the period of conditional discharge” has the meaning given by each of | |
the following— | |
(a) section 12(3) of the Powers of Criminal Courts (Sentencing) Act | 35 |
2000; | |
(b) Article 2(2) of the Criminal Justice (Northern Ireland) Order | |
1996; | |
(c) paragraph 2(1) of Schedule 5A to the Army Act 1955; | |
(d) paragraph 2(1) of Schedule 5A to the Air Force Act 1955; | 40 |
(e) paragraph 2(1) of Schedule 4A to the Naval Discipline Act 1957; | |
“probation order” has the meaning given by section 228(1) of the Criminal | |
Procedure (Scotland) Act 1995; | |
“probation period” has the meaning given by section 307(1) of the | |
Criminal Procedure (Scotland) Act 1995; | 45 |
“qualifying period” has the meaning given by section 86(6); | |
“relevant date” has the meaning given by section 84(6) (save in the | |
circumstances mentioned in sections 97, 99, 105, 107 and 116); | |
“relevant offender” has the meaning given by section 82(2); | |
“restriction order” means— | 50 |
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(a) an order under section 41 of the Mental Health Act 1983 (c. 20), | |
section 57(2)(b) or 59 of the Criminal Procedure (Scotland) Act | |
1995 (c. 46) or Article 47(1) of the Mental Health (Northern | |
Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)); | |
(b) a direction under paragraph 2(1)(b) of Schedule 1 to the | 5 |
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 | |
(c. 25) or Article 50A(3)(b) of the Mental Health (Northern | |
Ireland) Order 1986; or | |
(c) a direction under subsection (2) of section 116B of the Army Act | |
1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 | 10 |
c. 19) or section 63B of the Naval Discipline Act 1957 (c. 53); | |
“risk of sexual harm order” has the meaning given by section 110(1); | |
“sexual offences prevention order” has the meaning given by section | |
103(1); | |
“supervision” means supervision in pursuance of an order made for the | 15 |
purpose or, in the case of a person released from prison on licence, in | |
pursuance of a condition contained in his licence; | |
“term of service detention” means a term of detention awarded under | |
section 71(1)(e) of the Army Act 1955 or the Air Force Act 1955 or | |
section 43(1)(e) of the Naval Discipline Act 1957. | 20 |
120 Conditional discharges and probation orders | |
(1) The following provisions do not apply for the purposes of this Part to a | |
conviction for an offence in respect of which an order for conditional discharge | |
or, in Scotland, a probation order is made— | |
(a) section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 | 25 |
(c. 6) (conviction with absolute or conditional discharge deemed not to | |
be a conviction); | |
(b) Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. | |
1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge | |
deemed not to be a conviction); | 30 |
(c) section 247(1) of the Criminal Procedure (Scotland) Act 1995 | |
(conviction with probation order or absolute discharge deemed not to | |
be a conviction); | |
(d) paragraph 5(1) of Schedule 5A to the Army Act 1955 or the Air Force | |
Act 1955 or Schedule 4A to the Naval Discipline Act 1957 (conviction | 35 |
with absolute or conditional discharge deemed not to be a conviction). | |
(2) This section applies only to convictions after the commencement of this Part. | |
121 Interpretation: mentally disordered offenders | |
(1) In this Part, a reference to a conviction includes a reference to a finding of a | |
court in summary proceedings, where the court makes an order under an | 40 |
enactment within subsection (2), that the accused did the act charged; and | |
similar references are to be interpreted accordingly. | |
(2) The enactments are— | |
(a) section 37(3) of the Mental Health Act 1983; | |
(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995; | 45 |
(c) Article 44(4) of the Mental Health (Northern Ireland) Order 1986. | |
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(3) In this Part, a reference to a person being or having been found to be under a | |
disability and to have done the act charged against him in respect of an offence | |
includes a reference to his being or having been found— | |
(a) unfit to be tried for the offence; | |
(b) to be insane so that his trial for the offence cannot or could not proceed; | 5 |
or | |
(c) unfit to be tried and to have done the act charged against him in respect | |
of the offence. | |
(4) In section 119— | |
(a) a reference to admission or detention under Schedule 1 to the Criminal | 10 |
Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the | |
reference to a direction under paragraph 2(1)(b) of that Schedule, | |
include respectively— | |
(i) a reference to admission or detention under Schedule 1 to the | |
Criminal Procedure (Insanity) Act 1964 (c. 84); and | 15 |
(ii) a reference to a restriction order treated as made by paragraph | |
2(1) of that Schedule; | |
(b) a reference to admission or detention under any provision of Part VI of | |
the Criminal Procedure (Scotland) Act 1995 (c. 46), and the reference to | |
an order under section 57(2)(b) or 59 of that Act, include respectively— | 20 |
(i) a reference to admission or detention under section 174(3) or | |
376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and | |
(ii) a reference to a restriction order made under section 178(1) or | |
379(1) of that Act; | |
(c) a reference to admission or detention under regulations made under | 25 |
subsection (3), and the reference to a direction under subsection (2), of | |
section 116B 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 63B of the Naval Discipline Act | |
1957 (c. 53) include respectively— | |
(i) a reference to admission or detention, and | 30 |
(ii) a reference to a direction, | |
under section 46 of the Mental Health Act 1983 (c. 20), section 69 of the | |
Mental Health (Scotland) Act 1984 (c. 36) or Article 52 of the Mental | |
Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)). | |
122 Part 2: Northern Ireland | 35 |
(1) This Part applies to Northern Ireland with the following modifications. | |
(2) References to a chief officer of police are to be read as references to the Chief | |
Constable of the Police Service of Northern Ireland. | |
(3) References to police areas are to be read as references to Northern Ireland. | |
(4) References to a complaint are to be read as references to a complaint under Part | 40 |
VIII of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 | |
(N.I. 26)) to a court of summary jurisdiction. | |
(5) References to a magistrates’ court are to be read as references to a court of | |
summary jurisdiction. | |
(6) References to a magistrates’ court for the area in which the defendant resides | 45 |
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. | |
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