Page:Sexual Offences Act 2003.pdf/72

66 Part 2—Notification and orders :(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
 * (c) such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
 * (d) he has been cautioned in respect of a relevant offence.

(4) In subsection (3), “relevant offence” means an act which—
 * (a) constituted an offence under the law in force in the country concerned, and
 * (b) would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.

(5) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.

(6) Subject to subsection (7), on an application under section 114 the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
 * (a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
 * (b) showing his grounds for that opinion, and
 * (c) requiring the applicant to prove that the condition is met.

(7) The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).

117 Foreign travel orders: effect

(1) A foreign travel order has effect for a fixed period of not more than 6 months, specified in the order.

(2) The order prohibits the defendant from doing whichever of the following is specified in the order—
 * (a) travelling to any country outside the United Kingdom named or described in the order,
 * (b) travelling to any country outside the United Kingdom other than a country named or described in the order, or
 * (c) travelling to any country outside the United Kingdom.

(3) The only prohibitions that may be included in the order are those necessary for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.

(4) If at any time while an order (as renewed from time to time) has effect a defendant is not a relevant offender, the order causes him to be subject to the requirements imposed by regulations made under section 86(1) (and for these purposes the defendant is to be treated as if he were a relevant offender).

(5) Where a court makes a foreign travel order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.