Section 57 Variation and discharge of CCE prevention ordersI1

England and Wales Not yet in force

(1)

This section applies where a person mentioned in subsection (2) applies to a relevant court for the variation or discharge of a CCE prevention order.

(2)

The persons are—

(a)

the person who applied for the CCE prevention order;

(b)

the defendant;

(c)

the chief officer of police for the police area in which the defendant lives;

(d)

a chief officer of police who believes that the defendant is in, or is intending to come to, the chief officer’s police area.

(3)

On the application, the court may (after hearing from the applicant and any other person mentioned in subsection (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate.

This is subject to subsection (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 court may make provision of a kind mentioned in subsection (4) only if it considers that the provision is necessary to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.

(6)

Subsections (3), (4) and (6) of section 51 apply to additional prohibitions or requirements included on a variation of an order.

(7)

The court 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 defendant and—

(a)

the chief officer of police for the police area in which the defendant lives, or

(b)

where the application is made by a chief officer of police, that chief officer.

This subsection does not apply to an interim CCE prevention order.

(8)

Where a person within section 52 (1)(b), (c) or (d) makes an application under this section, the person must as soon as practicable notify the chief officer of police for—

(a)

the police area in which the defendant lives, or

(b)

the police area which the applicant believes the defendant is in or is intending to come to,

of that application.

(9)

In this section “relevant court” means—

(a)

where the Crown Court or the Court of Appeal made the order, the Crown Court;

(b)

in any other case, any magistrates’ court.

Annotations

Commencement

I1: S. 57 not in force at Royal Assent, see s. 255(1)