Commentary on Sections Schedule 6: Amendments to Part 2A of the Sexual Offences Act 2003
296.Schedule 6 makes amendments that extend existing powers in Part 2A of the Sexual Offences Act to provide for the temporary closure of premises used for child sexual exploitation. The existing closure power in Part 2A relates to prostitution and child pornography offences only. Schedule 6 makes them available in relation to premises which are used for activities related to other specified child sex offences.
297.Paragraph 2 amends section 136A of the Sexual Offences Act to specify child sex offences for the purpose of the closure powers. A specified child sex offence is defined by reference to the offences in the Sexual Offences Act. These include specific child sex offences in sections 5 to 13 of that Act, offences relating to indecent images of children under the Protection of Children Act 1978 and other sexual offences in which the victim is aged under 18 (including rape, sexual assault, abuse of position of trust and pornography).
298.Paragraph 2(6) inserts a new subsection (5A) into section 136A of the 2003 Act, which provides that the closure powers can be used at any time that the premises are being used to commit a specified offence or for activities intended to arrange or facilitate the commission of a specified offence.
299.Paragraph 4 inserts new section 136BA into the Sexual Offences Act, which sets out the conditions that need to be met for the use of closure powers in respect of premises used for child sexual exploitation.
300.New section 136BA enables a police officer of at least the rank of superintendent to authorise the issue of a closure notice where three conditions are met:
301.Subsections (8) to (10) of new section 136BA set out further matters relating to the issue of a notice; these include that it can be given orally or in writing and that the Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.
302.Paragraph 6 makes consequential amendments to sections 136D of Part 2A of the Sexual Offences Act. Paragraph 6(3) inserts new subsection (7A) into Section 136D of the Sexual Offences Act, which provides that the magistrates’ court will be able to make a closure order in respect of premises in relation to which a closure notice has been issued if, amongst other things, it is satisfied that during the preceding three months the premises were used for activities related to a specified child sex offence, or that the premises are likely to be used for such activities.
303.Paragraphs 7 to 10 make consequential amendments to sections 136H to 136J and section 136O of the Sexual Offences Act.
304.Whilst section 184(3)(b) of the Act provides for section 115 and Schedule 6 to extend to England, Wales and Northern Ireland, the effect of paragraph 11, which amends section 136R of the Sexual Offences Act, is to narrow the application of the revised closures powers to premises in England and Wales.