If it appears to a chief officer of police that the following conditions are fulfilled with respect to any person who he believes is in, or is intending to come to, his police area , namely—
the chief officer may apply for an order under this section to be made in respect of the person.
Such an application shall be made by complaint to
whose commission area includes any place where it is alleged that the defendant acted in such a way as is mentioned in subsection (1)(b) above.
If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates’ court may make an order under this section (a “sex offender order”) which prohibits the defendant from doing anything described in the order.
The prohibitions that may be imposed by a sex offender order are those necessary for the purpose of protecting the public in the United Kingdom, or any particular members of that public, from serious harm from the defendant.
A sex offender order shall have effect for a period (not less than five years) specified in the order or until further order; and while such an order has effect, Part I of the Sex Offenders Act 1997 shall have effect as if—
Subject to subsection (7) below, the applicant , any other relevant chief officer of police or the defendant may apply by complaint to the appropriate court for the sex offender order to be varied or discharged by a further order.
In subsection (6) above—
“the appropriate court” means—
(a)the court which made the sex offender order; or
(b)any magistrates’ court whose commission area includes any part of the police area of the applicant or of any other relevant chief officer of police;
“relevant chief officer of police” means a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.
Except with the consent of both parties and subject to subsection (7A) below , no sex offender order shall be discharged before the end of the period of five years beginning with the date of service of the order.
Where any magistrates’ court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.
If without reasonable excuse a person does anything which he is prohibited from doing by a sex offender order, he is guilty of an offence and liable—
Where a person is convicted of an offence under subsection (8) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of the offence.