My Lords, I thank the noble Baroness for her comments and join with her and the rest of the House in wishing my noble friend a very happy birthday. My appearance at the Dispatch Box may be one of the best presents that I can give my noble friend, who is doing a gallant job as my Whip today. This may well be part of the Conservative birthday present allocation.
As the noble Baroness, Lady Thornton, has explained, Amendment 1 would require a court making sexual harm prevention orders in relation to under-18s to have regard to,
“their emotional, welfare and behavioural needs, therapeutic or educational support”.
Schedule 5 makes provision to replace the current sexual offences prevention order, foreign travel order and risk of sexual harm order with sexual harm prevention orders and sexual risk orders. The new sexual harm prevention order can be applied where an individual has had a conviction for a specific sexual or violent offence and the court is satisfied that the prohibitions are necessary to protect the public in the UK or children or vulnerable adults abroad from sexual harm. The new sexual risk order can be applied to individuals without a conviction but who have committed an act of a sexual nature and, as a result, the court is satisfied that prohibitions are necessary to protect the public in the UK or children or vulnerable adults abroad from sexual harm.
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In line with the current sexual offences prevention order, the new orders can be applied to under-18s. Of course, I recognise the important points raised by the noble Baroness, Lady Thornton, at Second Reading and again in this short debate. I reassure your Lordships that the Home Office and the Ministry of Justice are working very closely together on applications for orders relating to under-18s.
For both the sexual harm prevention order and the sexual risk order, our intention is that applications relating to under-18s are heard in the specialist youth court as appropriate. As noble Lords may be aware, the youth court is tailored to the needs of young people; for example, the magistrates in youth courts are trained and encouraged to engage in conversation and use plain language. The room layout is less formal than in the standard court; for example, where possible, the magistrates’ bench will be on the same level as the rest of the court, and the young person is able to sit with their parents.
The courts, the youth court in particular, recognise the specialist consideration and sensitivity needed for cases relating to under-18s. Of course, this is particularly important where the court is dealing with individuals who pose a risk of sexual harm; for example, there may be circumstances where the line between a young person being an offender and a victim becomes blurred, and such cases will require particularly sensitive handling. The new orders are flexible enough to allow the courts the discretion they need when hearing such cases.
The primary purpose of these orders is the prevention of sexual harm, with a focus on young people. There may be circumstances in which obtaining one of the new sexual risk orders to help manage a young person’s risky behaviour will also help prevent that young person becoming criminalised in the future.
I reassure the Committee that, as with the current system, there are safeguards in place. To impose an order, the court will, in effect, need to be satisfied beyond reasonable doubt in relation to the matters on the basis of which the application for an order is
made. In addition, the individual has a right of appeal against the making of an order to the Crown Court or, where the order was made by the Crown Court, to the Court of Appeal. Furthermore, where there is a change of circumstances, the individual subject to the order has the same right as the applicant to apply to the court for the order to be varied, and a court may discharge an order early with the consent of the defendant and the police.
Finally, the Bill includes provision for statutory guidance. This guidance will be developed in consultation with the police, Courts Service and others, and will include specific guidance on the application of the orders to under-18s. The noble Baroness asked when this guidance would be available. Following the successful passage of the Bill, the Government will work with the police, the National Crime Agency and others to develop guidance on the new orders, and we want to ensure that there is adequate time for consultation with experts in preparing this guidance.
I hope that this reassures the noble Baroness, Lady Thornton, and that she will withdraw her amendment.