Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
| Jurisdiction | Scotland |
| Citation | 2005 asp 9 |
| Year | 2005 |
intentionally meets B;travels, in any part of the world, with the intention of meeting B in any part of the world; ormakes arrangements, in any part of the world, with the intention of meeting B in any part of the world, for B to travel in any part of the world;during or after the meeting; andin any part of the world;aged under 16; ora constable;A does not reasonably believe that B is 16 or over; andthe meeting or communication on an earlier occasion referred to in paragraph (a) (or, if there is more than one, one of them) has a relevant Scottish connection;the meeting referred to in sub-paragraph (i) of that paragraph or, as the case may be, the travelling referred to in sub-paragraph (ii) of that paragraph or the making of arrangements referred to in sub-paragraph (iii) of that paragraph, has a relevant Scottish connection;A is a British citizen or resident in the United Kingdom.the reference to A's having met or communicated with B is a reference to A's having met B in any part of the world or having communicated with B by any means from or in any part of the world (and irrespective of where B is in the world) ; anda meeting or travelling or making of arrangements has a relevant Scottish connection if it, or any part of it, takes place in Scotland; and a communication has such a connection if it is made from or to or takes place in Scotland.(3) For the purposes of subsection (1) (b) above, it is not necessary to allege or prove that A intended to engage in a specific activity.on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine or both.(5) F1Subsection (7) of section 55 of the Sexual Offences (Scotland) Act 2009 (asp 9) (which determines the sheriff court district in which proceedings against persons committing certain sexual acts outside the United Kingdom are to be taken) apply in relation to proceedings for an offence under this section as they apply to an offence to which that section applies.the person has on at least two occasions, whether before or after the commencement of this section, done an act within subsection (5) below; andas a result of those acts, there is reasonable cause to believe that it is necessary for such an order to be made.in whose sheriffdom the person against whom the order is sought resides;in whose sheriffdom that person is believed by the applicant to be;to whose sheriffdom that person is believed by the applicant to be intending to come; orwhose sheriffdom includes any place where it is alleged that that person did an act within subsection (5) below.(3) An application under subsection (1) above shall be made by summary application.the period of 3 months beginning with the date on which the matter mentioned in subsection (1) (a) above appears to the applicant to be the case; orsuch longer period as the sheriff considers equitable having regard to all the circumstances.engaging in sexual activity involving a child or in the presence of a child;causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual;giving a child anything that relates to sexual activity or contains a reference to such activity;communicating with a child, where any part of the communication is sexual.the person against whom the order is sought has on at least two occasions, whether before or after the commencement of this section, done an act within subsection (5) above; andit is necessary to make such an order for the purpose of protecting children generally or any child from harm from that person.prohibits the person against whom the order has effect from doing F9, or requires that person to do, anything described in the order;subject to subsection below, has effect for a fixed period (not less than 2 years) specified in the order.(8) The only prohibitions F10or requirements that may be imposed by virtue of subsection (7) above are those necessary for the purpose of protecting children generally or any child from harm from the person against whom the order has effect.(9) Where a sheriff makes a risk of sexual harm order in relation to a person already subject to such an order (whether made by that sheriff or another) , the earlier order ceases to have effect.
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