My Lords, the amendments in this group—namely Amendments 87ZA to 87ZY, 94F, 96A, 96B and 100—make a number of essentially technical and drafting amendments to the provisions in Part 9 of the Bill. These provisions, particularly those to be found in Schedule 5 to the Bill, provide for two new civil orders designed to protect the public from sexual harm, namely the sexual harm prevention order and the sexual risk order.
The substantive amendments relate to three matters. First, youth courts deal with applications for sexual harm prevention orders and sexual risk orders in respect of persons under 18. The amendments to Schedule 5 provide for all such applications to be heard in the youth court. As noble Lords may be aware, the youth court provides a more appropriate setting for juvenile defendants. The magistrates receive specific training and are encouraged to engage in conversation and use plain language with the young person, who is encouraged to respond.
The House has already agreed amendments to Part 1 of the Bill, which enable linked application for an injunction involving respondents aged under 18 and others aged 18 or over to be heard together in the youth court. Amendments 87ZS and 87ZW make like provision in respect of sexual harm prevention orders and sexual risk orders. As in Part 1, the detailed provision will be made in the rules of court and the same test, namely the interests of justice, will apply to the court’s consideration of an application for two or more linked cases to be heard together. This will ensure the effective administration of justice while also allowing cases to be heard in the most appropriate setting.
Amendments 87ZS and 87ZW also make provision for rules of court in relation to individuals who turn 18 after proceedings for an application for an order have begun. The amendments allow rules of court to prescribe circumstances in which proceedings may or must remain in the youth court, or to make provision to transfer the proceedings to the magistrates’ court.
In addition to these amendments, the Bill includes provision for statutory guidance on the new orders and, in developing this, we will continue to work with the police, the Courts Service and others to ensure appropriate guidance on the application of the orders to under-18s is included. This will help to ensure that cases relating to under-18s are treated with the specialist consideration and sensitivity needed.
The second issue addressed by these amendments is to confer powers on the courts in Northern Ireland to vary a sexual harm prevention order or sexual risk order. The new civil order regime will extend to England and Wales only, whereas the relevant provisions in the Sexual Offences Act 2003 currently apply throughout the United Kingdom and will continue to operate in Scotland and Northern Ireland, where they relate to devolved matters. The Bill allows for the prohibitions contained in the new orders to be enforceable in Scotland and Northern Ireland, and for breaches to be prosecuted in the courts in those parts of the United Kingdom.
We have been liaising closely with the devolved Administrations in relation to cross-border enforcement. Amendment 87ZX will allow the court in Northern
Ireland to vary a sexual harm prevention order or sexual risk order made in respect of a person who, following the making of the order in England or Wales, now either resides in or intends to come to Northern Ireland. This will be in response to application from the chief constable of the Police Service of Northern Ireland or the defendant. The court may vary an order to impose additional prohibitions if it is necessary to do so for the purposes of protecting the public in Northern Ireland and/or children or vulnerable adults abroad from sexual harm. As in England and Wales, the defendant has a right of appeal against any such variation. Finally, these amendments make consequential amendments to Armed Forces legislation in respect of the operation of the new sexual harm prevention order by the service courts.
Amendment 87ZY enables the service courts to impose a sexual harm prevention order at the point of conviction in respect of an individual who has been dealt with by that court. Under the current regime, service courts may apply sexual offences prevention orders at the point of conviction. This amendment ensures that service courts have the power to impose a sexual harm prevention order where the court considers this necessary for the purposes of protecting the public in the UK, or children or vulnerable adults abroad, from sexual harm.
As with orders imposed by the civilian courts, the defendant may appeal against the making of a sexual harm prevention order to the Court Martial Appeal Court where the order was imposed by the court martial. Where such an order was imposed by the service civilian court, the defendant may appeal to the court martial.
Amendment 87ZY also allows the service court, on application from a provost marshal or the defendant, to vary, renew or discharge a sexual harm prevention order in respect of a defendant who is subject to service law or service discipline at the time of the application. In line with the approach in the civilian court, a service court cannot discharge an order without the consent of the defendant and a provost marshal. Applications to vary, renew or discharge an order may be made by the defendant or a provost martial.
I trust that noble Lords will agree that these are all sensible refinements to the provisions in Part 9 and, on that basis, I beg to move.