Sexual Offences Act 2003 s.114 – Foreign travel orders: applications and grounds

(1) A chief officer of police may by complaint to a magistrates' court apply for an order under this section (a “foreign travel order”) in respect of a person (“the defendant”) who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—

(a)the defendant is a qualifying offender, and

(b)the defendant has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(2)An application under subsection (1) may be made to any magistrates' court whose commission area includes any part of the applicant’s police area.

(3)On the application, the court may make a foreign travel order if it is satisfied that—

(a)the defendant is a qualifying offender, and

(b)the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.^F356]

Definitions used in section 114 2

court: (2) In sections 92 and 103A(1) of this Act, and section 345 of the Sentencing Code, “court” includes a service court.
Defined in s.137(2) · see it in the full Act
Qualifying offender: (4) “Qualifying offender” has the meaning given by section 116.
Defined in s.115(4) · see it in the full Act

Cases considering section 114 3

F & Anor, R (on the application of) v Secretary of State for the Home Department

[2008] EWHC 3170 (QB) · 19 December 2008Interprets

Section 114 permits a foreign travel order preventing departure or restricting destinations where necessary to protect children from serious sexual harm. The court treated such an order as materially different from notification and capable of falling within Article 27 of the Directive. (see para [17])

R (on the application of F (by his litigation friend F)) and Thompson v Secretary of State for the Home Department

[2010] UKSC 17 · 21 April 2010

The power to impose foreign travel orders illustrated the wider system for managing offenders whose behaviour presented a risk of serious sexual harm to children (see paras [47]; [51]).

JF & Anor,R (on the application of) v Secretary of State for the Home Department

[2009] EWCA Civ 792 · 23 July 2009Limits

Section 114 was mentioned in the submission that travel notification enables an application for a foreign travel order. The court nevertheless held that notification itself was not an exit visa or equivalent formality. (see paras [59]-[61])

What each judgment says about section 114 is in the case-law panel in the full Act.

Explanatory note

234.Section 114 provides for a new civil, preventative order, the foreign travel order. The foreign travel order will enable the courts to prohibit persons who are “qualifying offenders” (essentially, those dealt with in respect of certain sexual offences against a child under 16 (either in this country or abroad)) from travelling abroad where and so far as it is necessary to do so to protect a child or children from serious sexual harm outside the United Kingdom.

235.A foreign travel order may be made on application by the police to a magistrates’ court and, if made, will place a prohibition on a sex offender from travelling abroad either to a named country or countries, to anywhere in the world other than a named country or to anywhere in the world.

236.The police may apply for a foreign travel order at the same time as a sexual offences prevention order or separately.

237.The term “qualifying offender” is defined at section 116. “Appropriate date” is defined in subsection (5) of section 115 and means the first date on which the offender was dealt with in respect of an offence in subsection (1) or (3) of section 116. The phrase “the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom” is defined in section 115(2).

238.Subsection (3) sets out the circumstances in which the court may make an order.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Amendments

F356S. 114 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)