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Statutory Instruments

2004 No. 1054

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

The Magistrates' Courts (Sexual Offences Prevention Orders) Rules 2004

Made

5th April 2004

Laid before Parliament

6th April 2004

Coming into force

1st May 2004

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Court Act 1980( 1 ), after consultation with the rule committee appointed under the said section 144, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Magistrates' Courts (Sexual Offences Prevention Orders) Rules 2004 and shall come into force on 1 May 2004.

2. In these Rules—

(a) a reference to a numbered section is a reference to the section so numbered in the Sexual Offences Act 2003( 2 ); and

(b) a reference to a Schedule is a reference to a Schedule to these Rules.

Revocation

3. These Rules hereby revoke—

(a) the Magistrates' Courts (Sex Offender Orders) Rules 2002( 3 ); and

(b) Rules 85 to 87 of the Magistrates' Courts (Miscellaneous Amendments) Rules 2003( 4 ).

Sexual Offences Prevention Orders and Interim Sexual Offences Prevention Orders

4. —(1) An application for—

(a) a sexual offences prevention order made under section 104(5); or

(b) an interim sexual offences prevention order made under section 109(2)may be in the form set out in Schedule 1.

(2) A summons directed to the defendant requiring him to appear before a magistrates' court to answer an application referred to in paragraph (1) may be in the form set out in Schedule 2.

(3) A sexual offences prevention order shall be in the form set out in Schedule 3.

(4) An interim sexual offences prevention order shall be in the form set out in Schedule 4.

(5) As soon as reasonably practicable after a sexual offences prevention order or an interim sexual offences prevention order has been made, the Justices' Chief Executive shall serve a copy of that order on the defendant. Any copy of an order required to be sent under these Rules to the defendant shall be either given to him in person or sent by post to his last known address and, if so given or sent, shall be deemed to have been received by him, unless the defendant proves that it was not received by him.

Time limit for service of a notice under section 106(11)

5. If the defendant wishes to serve on the applicant a notice under section 106(11)( 5 ), he must do so no later than 3 days before the hearing date for the application for the sexual offences prevention order.

Falconer of Thoroton, C.

Date 5th April 2004

Rule 4(1)

SCHEDULE 1

FORM Application for [Sexual Offences Prevention Order] [and] [Interim Sexual Offences Prevention Order] (Sexual Offences Act 2003 [s.104] [and] [s.109])

Rule 4(2)

SCHEDULE 2

FORM Summons on Application for [Sexual Offences Prevention Order] [and] [Interim Sexual Offences Prevention Order] (Sexual Offences Act 2003 [s.104] [and] [s.109])

Rule 4(3)

SCHEDULE 3

FORM Sexual Offences Prevention Order (Sexual Offences Act 2003 s.104)

Rule 4(4)

SCHEDULE 4

FORM Interim Sexual Offences Prevention Order (Sexual Offences Act 2003 s.109)

( 1 )

1980 c. 43 .

( 2 )

2003 c. 42 .

( 3 )

S.I. 2002/2782 .

( 4 )

S.I. 2003/1286 .

( 5 )

section 106(11) provides for service of a notice disputing that the condition in section 106(9)(b) is met ie that an offence outside the United Kingdom would have constituted a relevant offence if committed in the United Kingdom.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Magistrates' Courts (Sexual Offences Prevention Orders) Rules 2004 (2004/1054)

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Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Magistrates' Courts (Sexual Offences Prevention Orders) Rules 2004 2004 No. 1054 rule 4(2) omitted The Magistrates' Courts (Sexual Offences Act 2003) (Miscellaneous Amendments) Rules 2012 2012 No. 2018 rule 5(2) Not yet
The Magistrates' Courts (Sexual Offences Prevention Orders) Rules 2004 2004 No. 1054 Sch. 2 omitted The Magistrates' Courts (Sexual Offences Act 2003) (Miscellaneous Amendments) Rules 2012 2012 No. 2018 rule 5(3) Not yet
The Magistrates' Courts (Sexual Offences Prevention Orders) Rules 2004 2004 No. 1054 rule 4(5) words substituted The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 2005 No. 617 Sch. para. 230 Not yet
The Magistrates' Courts (Sexual Offences Prevention Orders) Rules 2004 2004 No. 1054 rule 4 replaced The Criminal Procedure Rules 2005 2005 No. 384 rule 50.1 Not yet

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