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Home Office
C
ircular 005 / 2010
Sections 22
-
25 of the Policing and Crime Act 2009

Broad subject:
Offender Management

Issue date:
Mon Mar 29 00:00:00 BST 2010

From:
Crime and Policing Group (CPG)
-
Crime Directorate, Violent Crime Unit
(VCU)

Linked c
irculars:
No Linked Circulars

Sub category:
Sex offences

Implementation date:
Mon Mar 29 00:00:00 BST 2010

For more info contact:
Shruti Bhimjiyani
Sections 22
–
25 of the Po
licing and Crime Act 2009
Introduction
1)
This circular provides information on the amendments being made to Part 2
of the
Sexual Offences Act 2003 by sections 22 to 25 of the Policing and Crime
Act 2009.
These
sections will come into force on 1st Ap
ril 2010.
2)
The Policing and Crime Act 2009
Section 22
–
Time limits
3)
Section 22 of the Policing and Cr
ime Act 2009 amends the Sexual Offences Act 2003
to make it clear that the 6 month evidential time limit under section 127 of
the Magistrates’
Courts Act 1980 does not apply to applications for civil orders made under
Part 2 of the
Sexual Offences Act 2003
.
These civil orders are Notification Orders, Foreign Travel
Orders, Risk of Sexual Harm Orders and Sexual Offences Prevention
Orders as well as their
interim equivalents where applicable (for further details on civil orders, see
paragraph 11
below).
4)
Consequently, the provision confirms that the requirement imposed by
section 127, that
some evidence provided in support of an application for an order must
relate to conduct that
has occurred within the 6 months prior to the application being made, do
es not apply to these
civil orders.
Section 23
–
Foreign Travel Orders: grounds
5)
Section 23 of the Policing and Crime Act 2009 raises the age from 16 to 18
years of a
child who must be at risk before a Foreign Travel Order is made.
6)
It also a
lters the criteria for determining which offenders can qualify for a Foreign
Travel Order to include those who have committed specified sexual
offences against children
under 18.
Section 24
–
Foreign Travel Orders: duration
7)
Section 24 of the Polici
ng and Crime Act 2009 increases the maximum duration of a
Foreign Travel Order from 6 months to 5 years.
Section 25
–
Foreign Travel Orders: surrender of passports
8)
Section 25 of the Policing and Crime Act 2009 means that individuals who
are subject
to a blanket Foreign Travel Order that bans them from travelling to all
countries abroad will
be required to surrender their passport(s) at a police station.
9)
It is an offence for such an offender to fail to surrender his passport when
required to
do
so.
Civil orders
10)
Below is a brief description of civil orders that can be obtained to prevent
sexual
offending, incorporating changes made by the Policing and Crime Act
2009.
Notification Orders:

A chief officer of police can apply to the court f
or a Notification Order where an
individual has been convicted, cautioned or had a relevant finding made
against him
abroad for sexual offences equivalent to those listed in Schedule 3 to the
Sexual
Offences Act 2003.

The Notification Order makes such of
fenders subject to the notification requirements
of Part 2 of the Sexual Offences Act 2003 as if they had been convicted or
cautioned
in the UK of a relevant offence.
Sexual Offences Prevention Orders:

A Sexual Offences Prevention Order can be made by a
court when dealing with an
offender for a specified offence or on the application of a chief officer of
police in
respect of an offender who has been convicted, cautioned or had a relevant
finding
made against him in respect of a specified offence.
The sp
ecified offences are set out
in Schedules 3 or 5 of the Sexual Offences Act 2003 and include both
sexual and
violent offences.
The court must be satisfied that such an order is necessary for the
purpose of protecting the public or any particular members o
f the public from serious
sexual harm from the offender.

The Sexual Offences Prevention Order lasts for a minimum of five years.

The Sexual Offences Prevention Order prohibits the offender from doing
anything
described in the order.
The offender is also
subject to the notification requirements
for the duration of the Order.

The breach of a Sexual Offences Prevention Order is a criminal offence
and the
maximum penalty for its breach is five years’ imprisonment.
Foreign Travel Orders:

A Foreign Travel
Order enables the courts, on the application of a chief officer of
police, to prohibit those convicted of child sexual offences against children
from
travelling overseas where there is evidence that the offender’s behaviour
makes it
necessary to make such
an order for the purpose of protecting children or any child
from serious sexual harm outside the UK.

Changes brought in by the Policing and Crime Act 2009 raise the age of a
child who
must be at risk to 18 years.

The Policing and Crime Act 2009 also al
ters the criteria for determining which
offenders can qualify for a Foreign Travel Order to include those who have
committed specified sexual offences against children under 18.

The Policing and Crime Act 2009 increases the maximum duration of a
Foreign
T
ravel Order to 5 years.

The Policing and Crime Act 2009 also requires offenders who are subject
to a Foreign
Travel Order that prohibits them travelling anywhere outside the UK to
surrender
their passports at a police station specified in the Order.
Ris
k of Sexual Harm Orders:

A court can only make a Risk of Sexual Harm Order where they are
satisfied that it is
necessary to protect children from harm by a person aged 18 or over.
A previous
conviction or caution for a sexual offence is not a prerequisit
e to applying for a Risk
of Sexual Harm Order. However, the court must be satisfied that at least
two specified
acts have occurred (e.g. engaging in sexual communications or sexual
activity with a
child).
Further information
11)
Existing Home Office gui
dance on the Sexual Offences Act 2003 is currently being
updated to reflect the above changes.
This detailed guidance will be available shortly on the
Home Office’s website.