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

• Citation: S.I. 2004/1054
• Sections: 5

Section 1 Citation and commencement

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

Section 2 Citation and commencement

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 Revocation

These Rules hereby revoke—

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

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

Section 4 Sexual Offences Prevention Orders and Interim Sexual Offences Prevention Orders

(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.

Section 5 Time limit for service of a notice under section 106(11)

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