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

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PART 2Sexual harm

CHAPTER 3Sexual harm prevention orders

Circumstances where sexual harm prevention order may be made

12Making of order against qualifying offender on application to sheriff

(1)

On the application of the chief constable, an appropriate sheriff may make a sexual harm prevention order (see section 16(1)) against a person.

(2)

An appropriate sheriff may make a sexual harm prevention order against a person only if satisfied that—

(a)

the person is a qualifying offender, and

(b)

the person’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of—

(i)

protecting the public, or any particular members of the public, from sexual harm from the person, or

(ii)

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

(3)

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

(a)

if subsection (4) applies, hold a hearing at which the person against whom the order is sought and the chief constable may appear or be represented,

(b)

if subsection (4) does not apply, either—

(i)

hold a hearing at which the person against whom the order is sought and the chief constable may appear or be represented, or

(ii)

give an opportunity to make written representations to the person against whom the order is sought and the chief constable.

(4)

This subsection applies if, not later than rules of court may provide, the person against whom the order is sought gives notice to the sheriff of a wish for a hearing to be held.

(5)

In this section—

“appropriate date”, in relation to a qualifying offender, means the date or, as the case may be, the first date on which the person was convicted, cautioned or the subject of a finding as mentioned in sections 13, 14 and 15,

“appropriate sheriff” means—

(a)

a sheriff in whose sheriffdom the person resides,

(b)

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

(c)

a sheriff to whose sheriffdom the person 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 person acted in a way giving reasonable cause to believe that it is necessary for a sexual harm prevention order to be made,

“qualifying offender” means a person to whom section 13, 14 or 15 applies.