The Chief Constable, Northern Constabulary v. A

The sheriff principal, having resumed consideration of the cause, allows the appeal and recalls the interlocutor of the sheriff dated 7 August 2009; finds no expenses due to or by either party in respect of the appeal; quoad ultra remits the cause to the sheriff to proceed as accords and in particular to consider of new whether or not to grant a sexual offences prevention order against the defender.

[1] In this summary application the pursuer and respondent craved the court to grant a sexual offences prevention order against the defender and appellant in terms of section 104 of the Sexual Offences Act 2003 ("the Act"). He also sought an interim order under section 109(3) of the Act.

[2] At a hearing before service on 9 July 2009 the sheriff pronounced an order in the following terms:

The sheriff grants warrant to cite the defender by serving upon him a copy of the writ and warrant on a period of notice of 21 days, and ordains him to answer within the Sheriff Court House, Inverness , Sheriff Court House, The Castle, Inverness on the 7th day of August 2009 at 10 o'clock .

Grants an order ad interim in terms of 109(3) of the Sexual Offences Act 2003 prohibiting the defender from approaching, speaking to or communicating in any way, directly or indirectly, or forming an association with any child under the age of 16 years; residing or remaining within a residential address which is also occupied at that time by any child aged under 16 years of age; entering the grounds of any children's play area, school, nursery or other place designated for use by children, until further order of court.