Legislation – Abusive Behaviour and Sexual Harm (Scotland) Act 2016

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PART 2Sexual harm

CHAPTER 4Sexual risk orders

Making of order

27Making of order

(1)

On the application of the chief constable, an appropriate sheriff may make a sexual risk order (see section 28(1)) against a person (“the respondent”).

(2)

An appropriate sheriff may make a sexual risk order only if satisfied that the respondent has (whether before or after this Chapter comes into force) done an act of a sexual nature as a result of which it is necessary to make such an order for the purpose of—

(a)

protecting the public, or any particular members of the public, from harm from the respondent, or

(b)

protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the respondent outside the United Kingdom.

(3)

In this section, an “appropriate sheriff” means—

(a)

a sheriff in whose sheriffdom the respondent resides,

(b)

a sheriff in whose sheriffdom the respondent is believed by the chief constable to be,

(c)

a sheriff to whose sheriffdom the respondent is believed by the chief constable to be intending to come, or

(d)

a sheriff whose sheriffdom includes any place where it is alleged that the respondent did an act of a sexual nature giving rise to reasonable cause to believe that it is necessary for a sexual risk order to be made.

(4)

Before determining an application under this section, a sheriff must—

(a)

if subsection (5) applies, hold a hearing at which the respondent and the chief constable may appear or be represented,

(b)

if subsection (5) does not apply, either—

(i)

hold a hearing at which the respondent and the chief constable may appear or be represented, or

(ii)

give an opportunity to make written representations to the respondent and the chief constable.

(5)

This subsection applies if, not later than rules of court may provide, the respondent gives notice to the sheriff of a wish for a hearing to be held.