Paragraph 1 Power to make CCE prevention orderI1

Scotland Not yet in force

(1)

This paragraph applies if—

(a)

the Chief Constable of the Police Service of Scotland, in accordance with paragraph 3, makes an application to a sheriff for a CCE prevention order in respect of a person,

(b)

the Sheriff Appeal Court or the High Court allows a person’s appeal against a conviction for any offence,

(c)

a person is acquitted of any offence by or before a court by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995,

(d)

a court finds under section 53F of the Criminal Procedure (Scotland) Act 1995 that a person is unfit for trial and has done the act charged against them in respect of any offence, or

(e)

a court deals with a person convicted of an offence for that offence.

(2)

The court may make an order under paragraph 2 (a “CCE prevention order”) in respect of the person (“the adult”) if they are aged 18 or over and the conditions in sub-paragraphs (3) to (5) are met.

(3)

The first condition is that—

(a)

in any case, the court is satisfied on the balance of probabilities that the adult has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or

(b)

in a case within paragraph (c), (d) or (e) of sub-paragraph (1), the offence in question is an offence under section 48.

(4)

The second condition is that the court considers that there is a risk that the adult will engage in child criminal exploitation.

(5)

The third condition is that the court considers that it is necessary to make the order to prevent the adult from engaging, or reduce the likelihood of the adult engaging, in child criminal exploitation.

(6)

In sub-paragraph (3)—

(a)

in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this paragraph comes into force;

(b)

paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.

(7)

In this paragraph—

(a)

a reference to an adult “engaging in child criminal exploitation” is to the adult—

(i)

doing anything that constitutes an offence under section 48 (as it has effect in Scotland), or

(ii)

doing anything in England and Wales or Northern Ireland that would constitute an offence under section 48 (as it has effect in Scotland) if done in Scotland;

(b)

a reference to an adult “engaging in conduct associated with child criminal exploitation” is to the adult doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).

Annotations

Commencement

I1: Sch. 7 para. 1 not in force at Royal Assent, see s. 255(10)(c)