105 SOPOs: further provision as respects Scotland
(1) A chief constable may apply for an order under this section in respect of a person who he believes is in, or is intending to come to, the area of his police force if it appears to the chief constable that—
- (a) the person has been convicted of, found not guilty by reason of insanity of or found to be under a disability and to have done the act charged against him in respect of—
- (i) an offence listed in paragraph 60 of Schedule 3; or
- (ii) before the commencement of this Part, an offence in Scotland other than is mentioned in paragraphs 36 to 59 of that Schedule if the chief constable considers that had the conviction or finding been after such commencement it is likely that a determination such as is mentioned in paragraph 60 would have been made in relation to the offence; and
- (b) the person has since the conviction or finding acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
(2) An application under subsection (1) may be made by summary application to a sheriff within whose sheriffdom lies—
- (a) any part of the area of the applicant’s police force; or
- (b) any place where it is alleged that the person acted in a way mentioned in subsection (1)(b).
(3) The sheriff may make the order where satisfied—
- (a) that the person’s behaviour since the conviction or finding makes it necessary to make such an order, for the purposes of protecting the public or any particular members of the public from serious sexual harm from the person; and
- (b) where the application is by virtue of subsection (1)(a)(ii), that there was a significant sexual aspect to the person’s behaviour in committing the offence.
(4) Subsection (3) of section 106 applies for the purposes of this section as it applies for the purposes of section 104 and subsections (2) and (3) of section 112 apply in relation to a summary application made by virtue of subsection (1) as they apply in relation to one made by virtue of subsection (1)(g) of that section.
106 Section 104: supplemental
(1) In this Part, “sexual offences prevention order” means an order under section 104 or 105.
(2) Subsections (3) to (8) apply for the purposes of section 104.
(3) “Protecting the public or any particular members of the public from serious sexual harm from the defendant” means protecting the public in the United Kingdom or any particular members of that public from serious physical or psychological harm, caused by the defendant committing one or more offences listed in Schedule 3.
(4) Acts, behaviour, convictions and findings include those occurring before the commencement of this Part.
(5) “Qualifying offender” means a person within subsection (6) or (7).
