Sex offender orders

(1) If it appears to a police officer of or above the rank of Assistant Inspector that the following conditions are fulfilled with respect to any person, namely– (a) that the person is a sex offender; and (b) that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect the public from serious harm from him, the police officer may apply for an order under this section to be made in respect of the person. (2) Such an application shall be made by complaint to the magistrate’s court of the judicial district where it is alleged that the defendant acted in such a way as is mentioned in sub-section (1)(b). (3) If, on such an application, it is proved that the conditions mentioned in sub-section (1) are fulfilled, the magistrate’s court may make an order under this section (a “sex offender order”) which prohibits the defendant from doing anything described in the order. (4) The prohibitions that may be imposed by a sex offender order are those necessary for the purpose of protecting the public from serious harm from the defendant. 42 (5) A sex offender order shall have effect for a period (not less than five years) specified in the order or until replaced by a further order. (6) Subject to sub-section (7), the applicant or the defendant may apply by complaint to the court which made a sex offender order for it to be varied or discharged by a further order. (7) Except with the consent of both parties, no sex offender order shall be discharged before the end of a period of five years beginning with the date of service of the order. (8) If, without reasonable excuse, a person does anything which he is prohibited from doing by a sex offender order, he shall be liable– (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand dollars, or to both such fine and term of imprisonment; or (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine not exceeding five thousand dollars, or to both such fine and term of imprisonment.