Section 3 Restricting parental responsibility of certain sex offendersI1

After section 10B of the Children Act 1989 insert—

“Duty to make prohibited steps order where serious sexual offence committed

10C

(1)

This section applies where—

(a)

the Crown Court sentences a person (“the offender”) to a life sentence, or a term of imprisonment or detention of 4 years or more, for a serious sexual offence committed against a child, and

(b)

the offender has parental responsibility for at least one child.

(2)

The Crown Court must make a prohibited steps order with respect to each child for whom the offender has parental responsibility.

(3)

The order must—

(a)

specify that no step of any kind which could be taken by a parent in meeting their parental responsibility for a child may be taken by the offender with respect to the child without the consent of the High Court or the family court, and

(b)

be made to have effect until the order is varied or discharged by the High Court or the family court.

(4)

But the Crown Court must not make a prohibited steps order under this section if—

(a)

making the order is prohibited by section 29(3) of the Adoption and Children Act 2002,

(b)

a prohibited steps order is already in force that meets the requirements in subsection (3), or

(c)

it appears to the Crown Court that it would not be in the interests of justice to do so.

(5)

A prohibited steps order made under this section does not cease to have effect if—

(a)

the offender is acquitted of the offence on appeal, or

(b)

the sentence is reduced, on appeal, so that it is no longer a life sentence or a term of imprisonment or detention of 4 years or more,

but see section 10D.

(6)

Sections 1, 7 and 11 do not apply where the Crown Court proceeds under this section.

(7)

A prohibited steps order made under this section is to be treated for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (proceedings and decisions) as if it were made by the family court.

(8)

The Crown Court does not have jurisdiction to entertain any proceedings in connection with the enforcement of a prohibited steps order made under this section.

(9)

A reference in this Act to an order under this section includes, so far as the context permits, an order varying or discharging it.

(10)

In this section—

• “life sentence” means a sentence of imprisonment, detention or custody for life, or during His Majesty’s pleasure;

• “serious sexual offence” means an offence listed in Schedule ZA1.

(11)

The Secretary of State may by regulations amend the list of offences in Schedule ZA1.

Review of orders made under section 10C

10D

(1)

This section applies if—

(a)

a prohibited steps order is made under section 10C prohibiting the taking of steps with respect to a child, and

(b)

either—

(i)

the offender is acquitted of the offence on appeal, or

(ii)

the sentence is reduced, on appeal, so that it is no longer a life sentence or a term of imprisonment or detention of 4 years or more.

(2)

The local authority that is the relevant local authority at the time the verdict of acquittal is entered or the sentence is reduced (if any) must make an application to the court (see section 92(7)) to review the order.

(3)

An application under this section must be made as soon as is reasonably practicable and in any event before the end of the period of 30 days beginning with the day after the day on which the verdict of acquittal was entered or the sentence was reduced.

(4)

The Secretary of State may by regulations amend the period specified in subsection (3).

(5)

In this section—

• “life sentence” has the meaning given by section 10C(10);

• “relevant local authority” means—

  1. (a)

     where the child with respect to whom the order was made is ordinarily resident within the area of a local authority in England or Wales, that local authority;

  2. (b)

     where the child with respect to whom the order was made does not fall within paragraph (a) but is present within the area of a local authority in England or Wales, that local authority.”

Schedule 1 to this Act inserts a Schedule into the Children Act 1989 setting out the serious sexual offences for the purposes of the new section 10C of that Act inserted by subsection (1).