Paragraph 2 CCE prevention ordersI1

Northern Ireland Not yet in force

(1)

A CCE prevention order is an order which—

(a)

prohibits the defendant from doing anything described in the order;

(b)

requires the defendant to do anything described in the order.

The order may in particular require the defendant to comply with paragraph 7 (notification requirements).

(2)

A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the defendant from engaging, or reducing the likelihood of the defendant engaging, in child criminal exploitation.

(3)

Prohibitions and requirements must, so far as practicable, be such as to avoid—

(a)

any conflict with any religious beliefs of the defendant;

(b)

any interference with the times, if any, at which the defendant normally works or attends any educational establishment;

(c)

any conflict with the prohibitions and requirements of any other court order or injunction to which the defendant is subject.

(4)

A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area.

(5)

A CCE prevention order must—

(a)

specify the period for which it has effect, which must be—

(i)

at least five years in a case within paragraph 1 (1)(e);

(ii)

at least two years in any other case, or

(b)

state that it has effect until further order.

(6)

Where, in a case within paragraph 1 (1)(e)—

(a)

the defendant has been remanded in or committed to custody by an order of a court, or

(b)

a custodial sentence has been imposed on the defendant or the defendant is serving or otherwise subject to a such a sentence,

a CCE prevention order may provide that it does not take effect until the defendant is released from custody or ceases to be subject to a custodial sentence.

(7)

A CCE prevention order may specify periods for which particular prohibitions or requirements have effect.

(8)

Where a court makes a CCE prevention order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.

Annotations

Commencement

I1: Sch. 8 para. 2 not in force at Royal Assent, see s. 255(8)