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The Magistrates' Courts (Risk of Sexual Harm Orders) Rules 2004

S.I. 2004/1053 · Made 5 April 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

Made 5th April 2004

Laid before Parliament 6th April 2004

Coming into force 1st May 2004

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980f1, after consultation with the rule committee appointed under the said section 144, hereby makes the following Rules:

Annotations to the whole text

Footnotes

f1

1980 c. 43.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Risk of sexual harm orders and interim risk of sexual harm orders
  4. Signature
  5. Schedule 1Schedule 1
  6. Schedule 2Schedule 2
  7. Schedule 3Schedule 3
  8. Schedule 4Schedule 4
  9. Explanatory note

1Citation, commencement and interpretation

These Rules may be cited as the Magistrates' Courts (Risk of Sexual Harm Orders) Rules 2004 and shall come into force on 1st May 2004.

2Citation, commencement and interpretation

In these Rules—

(a)

a reference to a numbered section is a reference to the section so numbered in the Sexual Offences Act 2003f1; and

(b)

a reference to a Schedule is a reference to a Schedule to these Rules.

3Risk of sexual harm orders and interim risk of sexual harm orders

(1)

An application for

(a)

a risk of sexual harm order made under section 123(1), or

(b)

an interim risk of sexual harm order made under section 126(2)

may be in the form set out in Schedule 1.

(2)

A summons directed to the defendant requiring him to appear before a magistrates' court to answer an application referred to in paragraph (1) may be in the form set out in Schedule 2.

(3)

A risk of sexual harm order shall be in the form set out in Schedule 3.

(4)

An interim risk of sexual harm order shall be in the form set out in Schedule 4.

(5)

As soon as reasonably practicable after a risk of sexual harm order or an interim risk of sexual harm order has been made, the Justices' Chief Executive shall serve a copy of that order on the defendant. Any copy of an order required to be sent under these Rules to the defendant shall be either given to him in person or sent by post to his last known address and, if so given or sent, shall be deemed to have been received by him, unless the defendant proves that it was not received by him.

Signature

Falconer of Thoroton, C.

Date 5th April 2004

Schedule 1

FORM

Application for [Risk of Sexual Harm Order] [and] [Interim Risk of Sexual Harm Order] (Sexual Offences Act 2003 s[s][123] [and] [126].

Schedule 2

FORM

Summons on Application for [Risk of Sexual Harm Order] [and] [Interim Risk of Sexual Harm Order] (Sexual Offences Act 2003 s[s] [123] [and] [126].

Schedule 3

FORM

Risk of Sexual Harm Order (Sexual Offences Act 2003 s 123)

Schedule 4

FORM

Interim Risk of Sexual Harm Order (Sexual Offences Act 2003 s 126)

Explanatory note

(This note is not part of the Rules)

These Rules provide forms which may be used for applications for risk of sexual harm orders and interim risk of sexual harm orders under sections 123 and 126 of the Sexual Offences Act 2003. They also provide forms for the summons to be served on the defendant in relation to such applications and the form which should be used for the orders themselves. Rule 3(5) provides for service of the orders.