Moved by
Lord Ahmad of Wimbledon
87ZB: Clause 105, page 76, line 38, leave out “136ZB” and insert “136ZD”
87ZC: Clause 105, page 76, line 41, leave out from “Sections” to “extend” and insert “85A, 96A, 96AA, 110, 117A, 119 and 123 to 129 and Schedule 3A”
87ZD: Clause 105, page 77, line 3, after “80” insert “to 85, 86”
87ZE: Clause 105, page 77, line 9, at end insert—
“(3C) The references to section 96A in subsections (2A) and (3A) are references respectively to—
(a) the section 96A inserted by the Criminal Justice Act (Northern Ireland) 2013, and
(b) the section 96A inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006.”
87ZF: Schedule 5, page 154, line 32, leave out “this Schedule” and insert “paragraphs 2 to 6”
87ZG: Schedule 5, page 156, line 7, leave out “whose commission area” and insert “acting for a local justice area that”
87ZH: Schedule 5, page 156, line 13, at end insert—
“( ) 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)).”
87ZJ: Schedule 5, page 160, line 7, at end insert—
“( ) In subsection (5) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).”
87ZK: Schedule 5, page 160, line 20, leave out first “a” and insert “an adult”
87ZL: Schedule 5, page 160, line 20, leave out second “a” and insert “an adult”
87ZM: Schedule 5, page 160, line 23, after first “any” insert “adult”
87ZN: Schedule 5, page 160, line 23, leave out “whose commission area” and insert “acting for a local justice area that”
87ZP: Schedule 5, page 160, line 25, after “order” insert “and the defendant is under the age of 18”
87ZQ: Schedule 5, page 160, line 28, leave out “whose commission area” and insert “acting for a local justice area that”
87ZR: Schedule 5, page 160, line 29, at end insert—
“( ) where a youth court made the order and the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area.
In this subsection “adult magistrates’ court” means a magistrates’ court that is not a youth court.”
87ZS: Schedule 5, page 163, line 10, at end insert—
“103K SHPOs and interim SHPOs: supplementary
(1) Rules of court—
(a) 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—
(i) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
(ii) the youth court thinks that it would be in the interests of justice for the applications to be heard together;
(b) 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—
(i) prescribe circumstances in which the proceedings may or must remain in the youth court;
(ii) 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).
(2) 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.”
87ZT*: Schedule 5, page 163, line 34, leave out “whose commission area” and insert “acting for a local justice area that”
87ZU: Schedule 5, page 164, line 36, at end insert—
“( ) 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)).”
87ZV: Schedule 5, page 166, leave out lines 29 to 34 and insert—
“(a) 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;
(b) 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;
(c) where a youth court made the order and the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area.
In this subsection “adult magistrates’ court” means a magistrates’ court that is not a youth court.”
87ZW: Schedule 5, page 169, line 41, at end insert—
“122K Sexual risk orders and interim sexual risk orders: supplementary
(1) Rules of court—
(a) 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—
(i) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
(ii) the youth court thinks that it would be in the interests of justice for the applications to be heard together;
(b) 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—
(i) prescribe circumstances in which the proceedings may or must remain in the youth court;
(ii) 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).
(2) 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.”
87ZX: Schedule 5, page 171, line 26, at end insert—
“136ZC Variation of sexual harm prevention order by court in Northern Ireland
(1) This section applies where a sexual harm prevention order has been made in respect of a person who now—
(a) is residing in Northern Ireland, or
(b) is in or is intending to come to Northern Ireland.
(2) An application may be made to the appropriate court in Northern Ireland—
(a) by the defendant, or
(b) by the Chief Constable,
for an order varying the sexual harm prevention order.
(3) An application under subsection (2) may be made—
(a) where the appropriate court is the Crown Court, in accordance with rules of court;
(b) in any other case, by complaint.
(4) Subject to subsections (5) and (6), 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 the sexual harm prevention order that the court considers appropriate.
(5) An order may be varied so as to impose additional prohibitions on the defendant only if it is necessary to do so for the purpose of—
(a) protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(6) An order as varied under this section may contain only such prohibitions as are necessary for the purpose of—
(a) protecting the public or any particular members of the public from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(7) The defendant may appeal against the making of an order under this section, or the refusal to make such an order—
(a) where the application for such an order was made to the Crown Court, to the Court of Appeal in Northern Ireland;
(b) in any other case, to a county court in Northern Ireland.
(8) 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.
(9) In this section—
“the appropriate court” means—
(a) where the sexual harm prevention order was made by—
(a) the Crown Court, otherwise than on appeal from a magistrates’ court, or
(b) the Court of Appeal, the Crown Court (in Northern Ireland); the Crown Court (in Northern Ireland);
(b) where—
(a) the sexual harm prevention order was made by a magistrates’ court, or by the Crown Court on appeal from a magistrates’ court, and
(b) the defendant is aged 18 or over,
any court of summary jurisdiction in Northern Ireland;
any court of summary jurisdiction in Northern Ireland;
(c) where—
(a) the defendant is aged under 18, and
(b) paragraph (a) does not apply,
any youth court in Northern Ireland;
any youth court in Northern Ireland;
“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
“sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
136ZD Variation of sexual risk order by court in Northern Ireland
(1) This section applies where a sexual risk order has been made in respect of a person who now—
(a) is residing in Northern Ireland, or
(b) is in or is intending to come to Northern Ireland.
(2) An application may be made to the appropriate court in Northern Ireland—
(a) by the defendant, or
(b) by the Chief Constable,
for an order varying the sexual risk order.
(3) 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 the sexual risk order that the court considers appropriate.
(4) An order may be varied so as to impose additional prohibitions on the defendant only if it is necessary to do so for the purpose of—
(a) protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(5) An order as varied under this section may contain only such prohibitions as are necessary for the purpose of—
(a) protecting the public or any particular members of the public from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(6) 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.
(7) 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.
(8) In this section—
“the appropriate court” means—
(a) where the defendant is aged 18 or over, any court of summary jurisdiction in Northern Ireland;
(b) where the defendant is aged under 18, any youth court in Northern Ireland;
“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
“harm”, “child” and “vulnerable adult” each has the meaning given in section 122B(1).”
87ZY: Schedule 5, page 171, line 26, at end insert—
“Service courts
(1) Section 137 of the Sexual Offences Act 2003 (service courts) is amended as follows.
(2) In subsection (2), for “104(1)” there is substituted “103A(1)”.
(3) For subsection (3) there is substituted—
“(3) Where the court making a sexual harm prevention order is a service court—
(a) sections 103A(3) to (8), 103F and 103J do not apply;
(b) sections 103A(1) and (2), 103B to 103E and 103G to 103I apply—
(i) subject to paragraphs (c) and (d), and
(ii) as if they extended to the whole of the United Kingdom;
(c) in relation to an application under section 103E 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—
(i) the application may be made only by the defendant or a Provost Martial, and must be made to the Court Martial;
(ii) consent under section 103E(6) must be the consent of the defendant and a Provost Martial;
(iii) an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court Martial Appeal Court;
(d) in relation to an application under section 103E 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—
(i) the application must be made to the Crown Court in England and Wales;
(ii) an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court of Appeal in England and Wales.”
(4) In subsection (4)—
(a) for “section “service court” means” there is substituted “section—
“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);
“service court” means”;
(b) at the end there is inserted—
““subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).”
(5) After subsection (5) there is inserted—
“(6) 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.”