Paragraph 7 Variation and discharge of CCE prevention orders made on applicationI1

Scotland Not yet in force

(1)

This paragraph applies where a person mentioned in sub-paragraph (2) applies to the appropriate sheriff for the variation or discharge of a CCE prevention order made in the circumstances mentioned in paragraph 1 (1)(a).

(2)

The persons are—

(a)

the adult;

(b)

the Chief Constable of the Police Service of Scotland.

(3)

On the application, the appropriate sheriff may (after hearing from the applicant and, if the other person mentioned in sub-paragraph (2) wishes to be heard, that person) make any order varying or discharging the order that the appropriate sheriff considers appropriate.

This is subject to sub-paragraph (7).

(4)

The power to vary an order includes power to—

(a)

include an additional prohibition or requirement;

(b)

extend the period for which a prohibition or requirement has effect;

(c)

extend the period for which the order has effect.

(5)

The appropriate sheriff may make provision of a kind mentioned in sub-paragraph (4) only if they consider that the provision is necessary to prevent the adult from engaging, or reduce the likelihood of the adult engaging, in child criminal exploitation.

(6)

Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.

(7)

The appropriate sheriff may not discharge an order before the end of the period of two years beginning with the day on which the order was made, without the consent of the adult and the Chief Constable of the Police Service of Scotland.

This sub-paragraph does not apply to an interim CCE prevention order.

(8)

In this paragraph “the appropriate sheriff” means—

(a)

the sheriff who made the order,

(b)

a sheriff in the sheriffdom of that sheriff, or

(c)

a sheriff in the sheriffdom—

(i)

in which the adult is resident at the time of the application,

(ii)

in which the chief constable believes that adult to be, or

(iii)

to which the chief constable believes that adult intends to come.

Annotations

Commencement

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