Part 2 Variation of Order by Court in Scotland
Police, Crime, Sentencing and Courts Act 2022 (2022 c 32) | Legislation

Part 2 Variation of Order by Court in Scotland

Amendments of the Sexual Offences Act 2003 (c 42)

4

After section 136ZD of the Sexual Offences Act 2003 insert—

“136ZE Variation, renewal or discharge of sexual harm prevention order etc by court in Scotland

(1)     This section applies where a relevant order has been made in respect of a person who now—

(a)     is residing in Scotland, or

(b)     is in or is intending to come to Scotland.

(2)     In this section “relevant order†means—

(a)     a sexual harm prevention order,

(b)     a sexual offences prevention order, or

(c)     a foreign travel order.

(3)     An application may be made to the appropriate sheriff in Scotland—

(a)     by the defendant, or

(b)     by the chief constable,

for an order varying, renewing or discharging the relevant order.

(4)     Subject to subsections (5) to (12), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate.

(5)     In determining the application the court must have regard to—

(a)

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