OpenLegislation

The Magistrates' Courts (Sexual Offences Prevention Orders) Rules 2004

S.I. 2004/1054 · 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' Court 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 and commencement
  2. 2Citation and commencement
  3. 3Revocation
  4. 4Sexual Offences Prevention Orders and Interim Sexual Offences Prevention Orders
  5. 5Time limit for service of a notice under section 106(11)
  6. Signature
  7. Schedule 1Schedule 1
  8. Schedule 2Schedule 2
  9. Schedule 3Schedule 3
  10. Schedule 4Schedule 4
  11. Explanatory note

1Citation and commencement

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

2Citation and commencement

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.

3Revocation

These Rules hereby revoke—

(a)

the Magistrates' Courts (Sex Offender Orders) Rules 2002f1; and

(b)

Rules 85 to 87 of the Magistrates' Courts (Miscellaneous Amendments) Rules 2003f2.

4Sexual Offences Prevention Orders and Interim Sexual Offences Prevention Orders

(1)

An application for—

(a)

a sexual offences prevention order made under section 104(5); or

(b)

an interim sexual offences prevention order made under section 109(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 sexual offences prevention order shall be in the form set out in Schedule 3.

(4)

An interim sexual offences prevention order shall be in the form set out in Schedule 4.

(5)

As soon as reasonably practicable after a sexual offences prevention order or an interim sexual offences prevention 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.

5Time limit for service of a notice under section 106(11)

If the defendant wishes to serve on the applicant a notice under section 106(11)f1, he must do so no later than 3 days before the hearing date for the application for the sexual offences prevention order.

Signature

Falconer of Thoroton, C.

Date 5th April 2004

Schedule 1

FORM

Application for [Sexual Offences Prevention Order] [and] [Interim Sexual Offences Prevention Order] (Sexual Offences Act 2003 [s.104] [and] [s.109])

Schedule 2

FORM

Summons on Application for [Sexual Offences Prevention Order] [and] [Interim Sexual Offences Prevention Order] (Sexual Offences Act 2003 [s.104] [and] [s.109])

Schedule 3

FORM

Sexual Offences Prevention Order (Sexual Offences Act 2003 s.104)

Schedule 4

FORM

Interim Sexual Offences Prevention Order (Sexual Offences Act 2003 s.109)

Explanatory note

(This note is not part of the Rules)

These Rules revoke the Magistrates' Courts (Sex Offender Order) Rules 2002. Provisions relating to sex offender orders and interim sexual offender orders under sections 2 to 4 of the Crime and Disorder Act 1998 are repealed by the Sexual Offences Act 2003 (the 2003 Act). Such orders are replaced, with amendments, by sexual offences prevention orders and interim sexual offences prevention orders under sections 104 to 113 of the 2003 Act. These Rules set out the forms which may be used for making an application for a sexual offences prevention order under section 104(5) of the 2003 Act and for an interim sexual offences prevention order under section 109(2) of that Act, 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. The Rules also provide that the time limit for the defendant to serve a notice on the applicant under section 106(11) of the 2003 Act is not later than 3 days before the date of the hearing of the application.