Member

258: After Schedule 5, insert the following new Schedule— “Schedule CCE prevention orders: Northern IrelandPower to make CCE prevention order 1 (1) This paragraph applies if—(a) an application for a CCE prevention order in respect of a person is made to a magistrates’ court, in accordance with paragraph 3,(b) a person is acquitted of any offence by or before a court,(c) the County Court allows a person’s appeal against a conviction for any offence,(d) a court deals with a person in respect of a finding that—(i) the person is not guilty of any offence by reason of insanity, or(ii) the person is unfit to plead and has done the act charged against them in respect of any offence, or(e) a court deals with a person convicted of an offence for that offence.(2) The court may make an order under paragraph 2 (a “CCE prevention order”) in respect of the person (“the defendant”) if they are aged 18 or over and the conditions in sub-paragraphs (3) to (5) are met.(3) The first condition is that—(a) in any case, the court is satisfied on the balance of probabilities that the defendant has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or(b) in a case within paragraph (d) or (e) of sub-paragraph (1), the offence in question is an offence under section 40.(4) The second condition is that the court considers that there is a risk that the defendant will engage in child criminal exploitation.(5) The third condition is that the court considers that it is necessary to make the order to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.(6) In sub-paragraph (3)—(a) in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this paragraph comes into force;(b) paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.(7) In this paragraph—(a) a reference to the defendant “engaging in child criminal exploitation” is to the defendant—(i) doing anything that constitutes an offence under section 40 (as it has effect in Northern Ireland), or(ii) doing anything in England and Wales or Scotland that would constitute an offence under section 40 (as it has effect in Northern Ireland) if done in Northern Ireland;(b) a reference to the defendant “engaging in conduct associated with child criminal exploitation” is to the adult doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).CCE prevention orders 2 (1) A CCE prevention order is an order which—(a) prohibits the defendant from doing anything described in the order;(b) requires the defendant to do anything described in the order. The order may in particular require the defendant to comply with paragraph 7 (notification requirements).(2) A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the defendant from engaging, or reducing the likelihood of the defendant engaging, in child criminal exploitation.(3) Prohibitions and requirements must, so far as practicable, be such as to avoid—(a) any conflict with any religious beliefs of the defendant;(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment;(c) any conflict with the prohibitions and requirements of any other court order or injunction to which the defendant is subject.(4) A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area.(5) A CCE prevention order must—(a) specify the period for which it has effect, which must be—(i) at least five years in a case within paragraph 1(1)(e);(ii) at least two years in any other case, or(b) state that it has effect until further order.(6) Where, in a case within paragraph 1(1)(e)—(a) the defendant has been remanded in or committed to custody by an order of a court, or(b) a custodial sentence has been imposed on the defendant or the defendant is serving or otherwise subject to a such a sentence,a CCE prevention order may provide that it does not take effect until the defendant is released from custody or ceases to be subject to a custodial sentence.(7) A CCE prevention order may specify periods for which particular prohibitions or requirements have effect.(8) Where a court makes a CCE prevention order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.Applications for CCE prevention orders 3 An application for a CCE prevention order may be made by the Chief Constable of the Police Service of Northern Ireland.Applications without notice 4 (1) An application for a CCE prevention order may be made without notice to the defendant.(2) If an application is made without notice the court must do one of the following—(a) adjourn the proceedings and make an interim CCE prevention order (see paragraph 5);(b) adjourn the proceedings without making an interim order;(c) dismiss the application.Interim CCE prevention orders 5 (1) This paragraph applies where the court adjourns the hearing of an application (whether made with or without notice) for a CCE prevention order.(2) The court may, if it considers it necessary to do so, make a CCE prevention order lasting for a fixed period or until the determination of the application (an “interim CCE prevention order”).Paragraph 2(5) does not apply in relation to an interim CCE prevention order. (3) The only requirement that may be imposed by an interim CCE prevention order on the defendant is a requirement to comply with paragraph 7 (notification requirements).(4) Subject to that, the court has the same powers in relation to an interim CCE prevention order as in relation to an order made at a final hearing.(5) An interim CCE prevention order made at a hearing of which the defendant was not given notice takes effect on being served on the defendant.(6) Nothing in sub-paragraph (2) prevents the variation of the duration of an interim CCE prevention order, or the discharge of such an order, under paragraph 8.Procedural powers where no application made 6 (1) This paragraph applies in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.(2) For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the defendant.(3) It does not matter whether the evidence would have been admissible in the proceedings giving rise to the circumstances referred to in sub-paragraph (1).(4) The court may adjourn any proceedings relating to the making of a CCE prevention order.(5) If the defendant does not appear for any adjourned proceedings, the court may—(a) further adjourn the proceedings,(b) issue a warrant for the defendant’s arrest, or(c) hear the proceedings in the defendant’s absence.(6) The court may act under sub-paragraph (5)(b) only if satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.(7) The court may act under sub-paragraph (5)(c) only if satisfied that the defendant—(a) has had adequate notice of the time and place of the adjourned proceedings, and(b) has been informed that if the defendant does not appear for those proceedings, the court may hear the proceedings in the defendant’s absence.(8) Nothing in this paragraph limits any other powers of the court.Notification requirements 7 (1) This paragraph applies where a CCE prevention order requires the defendant to comply with this paragraph.(2) Before the end of the period of three days beginning with the day on which a CCE prevention order requiring the defendant to comply with this paragraph is first served, the defendant must notify to the police—(a) the defendant’s name and, where the defendant uses one or more other names, each of those names, and(b) the defendant’s home address.(3) If, while the defendant is required to comply with this paragraph, the defendant—(a) uses a name which has not been notified under the order, or(b) changes home address,the defendant must notify, to the police, the new name or the new home address. (4) A notification under sub-paragraph (3) must be given before the end of the period of three days beginning with the day on which the defendant uses the name or changes home address.(5) A notification under this paragraph is made—(a) by attending at any police station in Northern Ireland and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or(b) in a way specified in the CCE prevention order.(6) A notification under this paragraph must be acknowledged in writing.(7) In this paragraph “home address” means—(a) the address of the defendant’s sole or main residence in the United Kingdom, or(b) where the defendant has no such residence, the address or location of a place in the United Kingdom where the defendant can regularly be found and, if there is more than one such place, such one of those places as the defendant may select.(8) In determining the period of three days mentioned in sub-paragraph (2) or (4), no account is to be taken of any time when the defendant is—(a) lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or(b) outside the United Kingdom.Variation and discharge of CCE prevention orders 8 (1) This paragraph applies where a person mentioned in sub-paragraph (2) applies to a relevant court for the variation or discharge of a CCE prevention order.(2) The persons are—(a) the defendant;(b) the Chief Constable of the Police Service of Northern Ireland.(3) On the application, the court may (after hearing from the applicant and any other person mentioned in sub-paragraph (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate.This is subject to sub-paragraph (7).(4) The power to vary an order includes power to—(a) include an additional prohibition or requirement;(b) extend the period for which a prohibition or requirement has effect;(c) extend the period for which the order has effect.(5) The court may make provision of a kind mentioned in sub-paragraph (4) only if it considers that the provision is necessary to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.(6) Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.(7) The court may not, without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland, discharge an order before the end of the period of—(a) five years beginning with the day on which the order was made, in the case of an order made in the circumstances mentioned in paragraph 1(1)(e);(b) two years beginning with the day on which the order was made, in any other case.This sub-paragraph does not apply to an interim CCE prevention order.(8) In this paragraph “relevant court” means— (a) where the Crown Court or Court of Appeal made the order, the Crown Court;(b) in any other case, the magistrates’ court.Appeals 9 (1) The defendant or the Chief Constable of the Police Service of Northern Ireland may appeal to the relevant court against a decision made—(a) on an application under paragraph 3 (applications for CCE prevention orders);(b) under paragraph 5 (interim CCE prevention orders);(c) on an application under paragraph 8 (variation and discharge of CCE prevention orders).(2) In this paragraph“relevant court” means—(a) in the case of a decision of the Crown Court, the Court of Appeal;(b) in any other case, the County Court.(3) On an appeal under sub-paragraph (1) the relevant court may make—(a) such orders as may be necessary to give effect to its determination of the appeal, and(b) such incidental and consequential orders as appear to it to be appropriate.(4) Where a CCE prevention order is made by virtue of sub-paragraph (1)(b), (c) or (d) of paragraph 1, the defendant may appeal against the making of the order (so far as they could not otherwise do) as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for the offence.(5) Where a CCE prevention order is made by virtue of sub-paragraph (1)(e) of paragraph 1, the defendant may appeal against the making of the order as if the order were a sentence passed on the defendant for the offence.(6) Where a CCE prevention order is made on appeal, for the purposes of this Schedule (other than this paragraph) the order is to be treated as made by the court from which the appeal was made.(7) Rules of court may provide that an appeal from a decision—(a) to dismiss an application for a CCE prevention order made without notice being given to the defendant, or(b) to refuse to make an interim CCE prevention order when adjourning proceedings following such an application,may be made without notice being given to the defendant.Offence of breaching CCE prevention order 10 (1) A person who, without reasonable excuse, fails to comply with an order mentioned in sub-paragraph (2) commits an offence.(2) The orders are—(a) a CCE prevention order;(b) a CCE prevention order under Chapter 1 of Part 4 (CCE prevention orders on application or acquittal etc. in England and Wales);(c) a CCE prevention order under Chapter 2A of Part 11 of the Sentencing Code (CCE prevention orders on conviction in England and Wales);(d) a CCE prevention order under Schedule (CCE prevention orders: Scotland) (CCE prevention orders in Scotland).(3) A person who commits an offence under this paragraph is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).(4) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.(5) In proceedings for an offence under this paragraph, a copy of the original order mentioned in sub-paragraph (2), certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.(6) The Department of Justice in Northern Ireland may by regulations amend sub-paragraph (2) so as to add to or remove from the list of orders any relevant UK order.(7) “Relevant UK order” means an order under the law of England and Wales or Scotland which appears to the Department of Justice to be equivalent or similar to a CCE prevention order.(8) In Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) after “2015” insert “or paragraph 10 of Schedule (CCE prevention orders: Northern Ireland) to the Crime and Policing Act 2025”.Offences relating to notifications 11 (1) This paragraph applies where a CCE prevention order requires a person to comply with paragraph 7 (notification requirements).(2) The person commits an offence if—(a) without reasonable excuse, they fail to comply with that paragraph, or(b) in purported compliance with that paragraph, they notify to the police any information which they know to be false.(3) A person who commits an offence under this paragraph is liable—(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).(4) A person commits an offence under sub-paragraph (2)(a) on the day on which they first fail, without reasonable excuse, to comply with paragraph 7.(5) The person continues to commit the offence throughout any period during which the failure continues.(6) But the person may not be prosecuted more than once in respect of the same failure.(7) Paragraph 10(5) applies for the purposes of this paragraph.Special measures for witnesses 12 (1) Part 2 of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))(special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Schedule as it applies to criminal proceedings, but with—(a) the omission of Articles 5(4) to (5), 9(4C)(e), 10A and 20 of that Order (which make provision appropriate only in the context of criminal proceedings), and(b) any other necessary modifications. (2) Rules of court made under or for the purposes of Part 2 of that Order apply to relevant proceedings under this Schedule—(a) to the extent provided by rules of court, and(b) subject to any modifications provided by rules of court.(3) In this paragraph “relevant proceedings under this Schedule” means any proceedings under this Schedule except proceedings relating to an offence under paragraph 10 or 11.Interpretation and supplementary provision 13 (1) In this Schedule—“CCE prevention order”, except in paragraph 10(2)(b) to (d), means an order under paragraph 2 (and accordingly includes an interim order made by virtue of paragraph 5);“defendant” has the same meaning as in paragraph 1;“engaging in child criminal exploitation” has the meaning given by paragraph 1 (and related expressions are to be construed accordingly).(2) An application under this Schedule is to be made—(a) by complaint, where the application is made to a magistrates’ court;(b) in accordance with rules of court, in any other case.(3) Article 78 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))(time limit for civil complaints) does not apply to a complaint under this Schedule.(4) On the hearing of an application under this Schedule, Article 118 of that Order (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.”Member's explanatory statement This amendment inserts a new Schedule about CCE prevention orders in Northern Ireland.