Rule 14 Amendment of Part 31

In Part 31 (behaviour orders)—

(a)

in rule 31.1 (when this Part applies), in the first paragraph of the note to the rule—

(i)

in sub-paragraph (a)—

(aa)

renumber paragraphs (xi) to (xiv) as paragraphs (xiii) to (xvi) respectively;

(bb)

renumber paragraph (x) as (xi);

(cc)

after paragraph (ix) insert—

“(x)

section 358A of the 2020 Act^f1 (child criminal exploitation prevention order),”;

(dd)

after paragraph (xi) insert—

“(xii)

section 364B of the 2020 Act^f2 (stalking protection order),”;

(ii)

in sub-paragraph (b)—

(aa)

renumber paragraphs (iii) and (iv) as paragraphs (iv) and (vi) respectively;

(bb)

after paragraph (ii) insert—

“(iii)

section 19A of the Serious Crime Act 2007^f3 (serious crime prevention order on acquittal or where the Crown Court allows an appeal against conviction),”;

(cc)

after paragraph (iv) insert—

“(v)

section 2A of the Stalking Protection Act 2019^f4 (stalking protection order on acquittal, on finding of not guilty by reason of insanity or on finding of disability, or where a court allows an appeal against conviction),”;

(dd)

after paragraph (vi) insert—

“(vii)

section 50 of the Crime and Policing Act 2026^f5 (child criminal exploitation prevention order on acquittal, on finding of not guilty by reason of insanity or on finding of disability, or where the Crown Court allows an appeal against conviction).”;

(iii)

omit sub-paragraphs (c), (d) and (e);

(b)

in rule 31.3 (application for behaviour order and notice of terms of proposed order: special rules)—

(i)

in paragraph (1)(a)—

(aa)

for “wants” substitute “applies to”;

(bb)

omit “if the defendant is convicted”;

(ii)

in paragraph (1)(c)—

(aa)

omit the “or” after paragraph (iii);

(bb)

after paragraph (iv) insert—

“(v)

a stalking protection order, or

(vi)

a child criminal exploitation prevention order.”;

(c)

in rule 31.4 (evidence to assist the court: special rules)—

(i)

in paragraph (2)—

(aa)

omit the “or” after sub-paragraph (b);

(bb)

insert “; or” after sub-paragraph (c);

(cc)

after sub-paragraph (c) insert—

“(d)

a child criminal exploitation prevention order.”;

(ii)

in the note to the rule, in the second paragraph, in sub-paragraph (b)—

(aa)

omit the “or” after paragraph (i);

(bb)

insert “, or” after paragraph (ii);

(cc)

after paragraph (ii) insert—

“(iii)

a child criminal exploitation prevention order, under section 358I of the 2020 Act^f6 or under section 61 of the Crime and Policing Act 2026^f7.”;

(d)

in rule 31.5 (application to vary, renew, discharge or revoke behaviour order), after “a restraining order”, in each place it occurs, insert “, a stalking protection order”;

(e)

in rule 31.9 (notice to supervisor of requirement for supervision or monitoring), in the note to the rule—

(i)

in the second paragraph, for the first sentence substitute—

“Under section 347A of the Sentencing Act 2020^f8a sexual harm prevention order which imposes a requirement, other than an electronic monitoring requirement, on the defendant must specify the person or organisation responsible for supervising compliance with that requirement.”;

(ii)

in the third paragraph, for the first sentence substitute—

“Under section 5B of the Serious Crime Act 2007^f9, section 348A of the Sentencing Act 2020^f10 and section 37 of the Domestic Abuse Act 2021^f11, a serious crime prevention order, a sexual harm prevention order or a domestic abuse protection order, respectively, which imposes an electronic monitoring requirement on the defendant must specify the person responsible for that monitoring.”.

Annotations

Footnotes

f1: Section 358A of the Sentencing Act 2020 (c. 17) is inserted by Schedule 6 to the Crime and Policing Act 2026 with effect from a day to be appointed.
f2: Section 364B is inserted by section 129 of the Crime and Policing Act 2026 with effect from a day to be appointed.
f3: Section 19A is inserted by section 59 of the Border Security, Asylum and Immigration Act 2025 with effect from a day to be appointed.
f4: Section 2A is inserted by section 128 of the Crime and Policing Act 2026 with effect from a date to be appointed.
f5: Section 50 comes into force on a day to be appointed.
f6: Section 358I of the Sentencing Act 2020 is inserted by Schedule 6 to the Crime and Policing Act 2026 with effect from a day to be appointed.
f7: Section 61 comes into force on a day to be appointed.
f8: Section 347A was inserted by section 175 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).
f9: Section 5B was inserted by section 55 of the Border Security, Asylum and Immigration Act 2025 (c. 31).
f10: Section 348A is inserted by section 178 of the Police, Crime, Sentencing and Courts Act 2022 with effect from a day to be appointed.
f11: 2021 c. 17; section 37 is in force in relation to specified areas, for remaining purposes it has effect from a day to be appointed.