Sunday, 1 March 2015

It Never Stops Getting Worse - But, Then, Who Thought It Ever Would?




Mary: Let me ask you something.

Mary: Why are you alive? 

John Preston: I'm alive... I live... to safeguard the continuity of this great society. 

To serve Libria.

Mary: It's circular. You exist to continue your existence. What's the point? 

John Preston: What's the point of your existence? 

Mary: To feel. 'Cause you've never done it, you can never know it. 

But it's as vital as breath. 


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Anti-social Behaviour, Crime and Policing Act 2014

http://www.legislation.gov.uk/ukpga/2014/12/contents

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The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 8, Saving and Transitional Provisions) Order 2015

Provisions coming into force on 8th March 2015

2. The following provisions of the 2014 Act come into force on 8th March 2015—

(a) section 113 (sexual harm prevention orders and sexual risk orders, etc); 

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PART 9

Protection from sexual harm and violence

Protection from sexual harm

http://www.legislation.gov.uk/ukpga/2014/12/part/9

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(b) section 114 (saving and transitional provision);

(c) section 115 (use of premises for child sexual offences);

(d) section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in paragraph (g);

(e) Schedule 5 (amendments of Parts 2 and 3 of the Sexual Offences Act 2003(2)); 

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SCHEDULE 5 

Amendments of Parts 2 and 3 of the Sexual Offences Act 2003

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Background ...

October 2013 

Home Office announcement on new powers protect vulnerable from sexual predators [sic]

http://ukcriminallawblog.com/2013/10/10/home-office-annoucement-on-new-powers-protect-vulnerable-from-sexual-predators/#comments

October 2013

Anti-social Behaviour, Crime and Policing Bill; Fact Sheet: Protection from sexual harm and violence

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/251341/27__28_sexual_offences_and_VOO_fact_sheet.pdf

http://webcache.googleusercontent.com/search?q=cache:ooATE_B86wYJ:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/251341/27__28_sexual_offences_and_VOO_fact_sheet.pdf+&cd=2&hl=en&ct=clnk

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http://www.legislation.gov.uk/ukpga/2014/12/schedule/5

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(f) Schedule 6 (amendments of Part 2A of the Sexual Offences Act 2003); and 

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SCHEDULE 6 

Amendments of Part 2A of the Sexual Offences Act 2003 

http://www.legislation.gov.uk/ukpga/2014/12/schedule/6 

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(g) in Schedule 11 (minor and consequential amendments), the following paragraphs—

(i) paragraphs 51 to 79; and

(ii) paragraphs 81 and 82.

Provisions coming into force on 8th March 2015 in relation to England and Wales

3. The following provisions of the 2014 Act come into force on 8th March 2015 in England and Wales—

(a) section 181(1) (amendments), insofar as it relates to the provision of Schedule 11 specified in paragraph (b); and

(b) in Schedule 11 (minor and consequential amendments), paragraph 80.

http://www.legislation.gov.uk/uksi/2015/373/made

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103B Section 103A: supplemental

"“sexual harm” from a person means physical or psychological harm caused—

(a) by the person committing one or more offences listed in Schedule 3, or

(b) (in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;"

http://www.legislation.gov.uk/ukpga/2014/12/schedule/5

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(Embedded Tweets - click date)

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Posted on March 11, 2015

Sexual Offences Prevention Orders repealed: All change? 

"Sexual Harm Prevention Orders

This is a preventive order enabling a court to impose prohibitions on an individual where the court deals with them in respect of an offence listed in Sch.3 (sexual offences such as rape and sexual assault) or Sch.5 (other offences, such as GBH with intent and manslaughter). The order may also be made upon complaint to the magistrates’ court.

The provisions of the SHPO are very similar to its predecessor, the SOPO, however the test for imposing a post-conviction order has been lowered.

Formally, the test was that the court “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”, however, under the new provisions the term “serious sexual harm” has been omitted, in favour of “sexual harm”. The new test is therefore that the court:

“is satisfied that it is necessary to make a sexual harm prevention order, for the purpose of—

(i) protecting the public or any particular members of the public from sexual harm from the defendant, or

(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.”

In practice, this is likely to have little effect; the number of borderline cases where the issue is whether or not the defendant is likely to commit serious sexual harm or merely sexual harm are likely to be few.

The Foreign Travel Order has in effect been subsumed into the SHPO (see SOA 2003 s.103D) and such a prohibition will now form a part of the main order.

Sexual Risk Orders

This order is available on complaint to a magistrates’ court where 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.

The order may prohibit the defendant from doing anything described in the order

The provisions are slightly widened in that the former Risk of Sexual Harm Order specified behaviour which the individual had to have engaged in on two occasions prior to the application (engaging in sexual activity involving a child or in the presence of a child etc.) whereas the replacement provision merely requires that the individual has “done an act of a sexual nature” giving rise to a reasonable belief an order is necessary. Again, as with the SHPO, this change is unlikely to have a profound effect.

Commencement and transition

The provisions were commenced on 8 March 2015 and from that date the repealed orders cannot be imposed, save for where an application was made prior to the repeal. The new orders can be imposed irrespective of the date of conviction. Existing orders are subject to transitional provisions and will of course continue in force as per the terms of the individual orders."

http://thesexualoffenceshandbook.com/2015/03/11/sexual-offences-prevention-orders-repealed-all-change

18/3/15

Sexual Harm Prevention Orders

"On 8 March 2015, SOPOs, Foreign Travel Orders and Risk of Sexual Harm Orders were repealed. See Sexual Offences Prevention Orders for details. The orders are available from 8 March 2015 irrespective of the date of the offence, save for where an application was made for a SOPO prior to that date, in which case the saving provisions preserve the power of the court to impose a SOPO and an SHPO is not available.

A sexual harm prevention order prohibits the defendant from doing anything described in the order, SOA 2003 s.103C(1).

The order may specify that some of its prohibitions have effect until further order and some for a fixed period. Different periods for different prohibitions may be specified, SOA 2003 s.103C(3).

Prohibitions

Prohibitions must be 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 UK, SOA 2003 s.103C(4).

Length of the order

A prohibition may have effect:

a) for a fixed period of at least five years, or

b) until further order, SOA 2003 s.103C(2).

Foreign travel prohibition

A prohibition on foreign travel contained in an order must be for a fixed period of not more than five years, SOA 2003 s.103D(1). A prohibition on foreign travel is one that prohibits travel to any country outside the UK, to any country outside the UK as specified or other than specified. Where an order prohibits travel to any country outside the UK, the order must also require the defendant to surrender all his passports, SOA 2003 s.103D(1)-(4). This is in essence bringing the now repealed Foreign Travel Order within the SOPO, simplifying the regime.

Notification requirements

Where a sexual harm prevention order is made in respect of a defendant who was subject to notification requirements under SOA 2003 immediately before the making of the order, and the defendant would cease to be subject to those notification requirements while the order has effect, the defendant remains subject to the notification requirements, SOA 2003 ss.80(2) and 103G(1).

Where a sexual harm prevention order is made in respect of a defendant who was not subject to notification requirements under SOA 2003 immediately before the making of the order the order causes the defendant to become subject to the notification requirements under SOA 2003 from the making of the order until the order (as renewed from time to time) ceases to have effect, SOA 2003 s.80(2) and 103G(2).

Appeals

A defendant may appeal against the making of an order “as if the order were a sentence”, SOA 2003 s.103H(1). 

Variations and renewals

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:

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 UK.

A defendant may appeal against the variation or renewal 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;

(b) in any other case, to the Crown Court, SOA 2003 s.103H(3). Interim orders

An interim order is not available in post-conviction cases, see SOA 2003 s.103F.

Breach

A person who, without reasonable excuse, does anything prohibited by a sexual harm prevention order. This includes a requirement to surrender all passports where a foreign travel prohibition prohibiting travel to any country outside the UK is included in an order, SOA 2003 s.103I(1) and (2). The maximum sentence is five years’ imprisonment, SOA 2003 s.103I(3)."

http://ukcriminallawblog.com/2015/03/18/sexual-harm-prevention-orders

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