The Magistrates' Courts (Risk of Sexual Harm Orders) Rules 2004

• Citation: S.I. 2004/1053
• Sections: 3

Section 1 Citation, commencement and interpretation

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

Section 2 Citation, commencement and interpretation

In these Rules—

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

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

Section 3 Risk of sexual harm orders and interim risk of sexual harm orders

(1) An application for

(a) a risk of sexual harm order made under section 123(1), or

(b) an interim risk of sexual harm order made under section 126(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 risk of sexual harm order shall be in the form set out in Schedule 3.

(4) An interim risk of sexual harm order shall be in the form set out in Schedule 4.

(5) As soon as reasonably practicable after a risk of sexual harm order or an interim risk of sexual harm 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.