SERIOUS SEX OFFENDERS MONITORING ACT 2005 (NO 1 OF 2005) - SECT 48 Amendment of Sentencing Act 1991

SERIOUS SEX OFFENDERS MONITORING ACT 2005 (NO 1 OF 2005) - SECT 48

After section 5(2B) of the Sentencing Act 1991 insert —

    "(2BA)     In sentencing an offender, a court—

        (a)     must not have regard to the fact that the offender is subject to an extended supervision order under the Serious Sex Offenders Monitoring Act 2005 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions of that order and the terms of any current directions or instructions given by the Adult Parole Board under section 16 of that Act;

        (b)     must not have regard to any possibility or likelihood of an application being made under that Act for an extended supervision order in respect of the offender.

    (2BB)     For the purposes of sub-section (2BA)(a), the court may request the Secretary within the meaning of the Serious Sex Offenders Monitoring Act 2005 to provide it with a report setting out—

        (a)     the conditions of the extended supervision order to which the offender is subject under that Act; and

        (b)     the terms of any current directions or instructions given by the Adult Parole Board under section 16 of that Act in relation to that order.".

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