Legislation – Abusive Behaviour and Sexual Harm (Scotland) Act 2016
PART 2Sexual harm
CHAPTER 4Sexual risk orders
Interim orders
31Interim orders
(1)
On the application of the chief constable, an appropriate sheriff may make an interim sexual risk order against a person in respect of whom the chief constable is applying for an order under section 27.
(2)
An interim sexual risk order may be made if the sheriff––
(a)
considers that there is a prima facie case that the person has done an (or, as the case may be, the) act of a sexual nature which is being relied on for the purposes of subsection (2) of section 27 in relation to the application for an order under that section, and
(b)
considers it just to make an interim sexual risk order.
(3)
An interim sexual risk order is an order prohibiting the person against whom it is made from doing, or requiring that person to do, a thing or things described in the order.
(4)
A prohibition or requirement contained in an interim sexual risk order applies throughout the United Kingdom (unless expressly confined to particular localities).
(5)
A prohibition or requirement contained in an interim sexual risk order has effect for a fixed period, specified in the order.
(6)
Different periods may be provided for different prohibitions or requirements.
(7)
An application for an interim sexual risk order—
(a)
may be made in the application for an order under section 27 to which it relates, or
(b)
if the application for that order has been made, may be made in such way as rules of court may provide.
(8)
An interim sexual risk order ceases to have effect, if it has not already done so, when either of the following events occurs—
(a)
the related application for an order under section 27 is determined, or
(b)
all of the prohibitions or requirements contained in it have ceased to have effect.
(9)
On the application of a person mentioned in subsection (10), an appropriate sheriff may vary, renew or discharge an interim sexual risk order.
(10)
Those persons are—
(a)
the person against whom the interim sexual risk order has effect,
(b)
the chief constable.
(11)
In this section, an “appropriate sheriff” means—
(a)
the sheriff to whom the related application for an order under section 27 is made, or
(b)
another sheriff of the same sheriffdom.