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A BILL FOR A LAW TO AMEND THE PENAL CODE (2013 REVISION) TO MAKE PROVISION FOR THE MAKING OF SEXUAL HARM PREVENTION ORDERS; THE OFFENCES OF POSSESSION OF ARTICLES FOR USE TO DEFRAUD AND MAKING OR SUPPLYING ARTICLES FOR USE TO DEFRAUD; AND FOR INCIDENTAL AND CONNECTED PURPOSES The Penal Code (Amendment) Bill, 2017 THE PENAL CODE (AMENDMENT) BILL, 2017 MEMORANDUM OF OBJECTS AND REASONS This Bill seeks to amend the Penal Code (2013 Revision) to make provision for Sexual Harm Prevention Orders. Provision is also made for the offences of possession of articles for use to defraud and making or supplying articles for use to defraud. The Penal Code (Amendment) Bill, 2017 A BILL FOR A LAW TO AMEND THE PENAL CODE (2013 REVISION) TO MAKE PROVISION FOR THE MAKING OF SEXUAL HARM PREVENTION ORDERS;THE OFFENCES OF POSSESSION OF ARTICLES FOR USE TO DEFRAUD AND MAKING OR SUPPLYING ARTICLES FOR USE TO DEFRAUD; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"This Law may be cited as the Penal Code (Amendment) Law, 2017.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"The Penal Code (2013 Revision), is amended by inserting after section 45 the following sections - \u201cSexual harm prevention order 45A. (1) The Director of Public Prosecution, after consultation with the Royal Cayman Islands Police Service or any other relevant agency may apply to a court for a sexual harm prevention order. (2) Where a person, including a young person, of or over the age of seventeen is dealt with by the court for any offence of a sexual or indecent nature and the court is satisfied on a balance of probabilities that it is necessary for the purpose of - Short title Insertion of sections 45A to 45E into the Penal Code (2013 Revision) \u2013 sexual harm prevention order; interim sexual harm prevention order; breach of sexual harm prevention order or interim sexual harm prevention order an offence; amendment of sexual harm prevention order or interim sexual harm prevention order; meaning of sexual harm The Penal Code (Amendment) Bill, 2017 (a) protecting the public or a particular member of the public from sexual harm from that person; or (b) protecting children or vulnerable persons or a particular child or vulnerable person from sexual harm from that person, the court, upon an application pursuant to subsection (1), may instead of or in addition to any sentence, make a sexual harm prevention order. (3) A sexual harm prevention order shall prohibit a person from doing anything described in the order and may include such conditions as the court considers necessary including a prohibition on travel both within and outside the Islands and shall be for a fixed period of at least five years. (4) Before making a sexual harm prevention order the court shall explain to the convicted person - (a) the purpose and effect of the order; (b) the consequences which may follow under section 45C if the person fails to comply with any of its requirements; and (c) that the court has the power to review or vary the order on the application either of the person or the Director of Public Prosecution. Interim sexual harm prevention order 45B. (1) The Director of Public Prosecution, after consultation with the Royal Cayman Islands Police Service or any other relevant agency may apply to a court for an interim  sexual harm prevention order. (2) Where a person, including a young person, of or over the age of seventeen is charged with any offence of a sexual or indecent nature and the court is satisfied on a balance of probabilities that it is necessary for the purpose of - (a) protecting the public or a particular member of the public from sexual harm from that person; or (b) protecting children or vulnerable persons The Penal Code (Amendment) Bill, 2017 or a particular child or vulnerable person from sexual harm from that person, the court may, upon an application pursuant to subsection (1), make an interim sexual harm prevention order. (3) An interim sexual harm prevention order shall prohibit the person charged from doing anything described in the order and may include such conditions as the court considers necessary including a prohibition on travel both within and outside the Islands and shall be for a fixed period. (4) Before making an interim sexual harm prevention order the court shall explain to the person charged - (a) the purpose and effect of the order; (b) the consequences which may follow under section 45C if the person fails to comply with any of its requirements; and (c) that the court has the power to review or vary the order on the application either of the person charged or the Director of Public Prosecution. Breach of sexual harm prevention order or interim sexual harm prevention order an offence 45C. (1) If at any time while a sexual harm prevention order or interim sexual harm prevention order is in force in respect of any person, it appears on information to the court that made the order that the person has failed to comply with any of the requirements of the order, or has attempted to do so, the court may issue a summons directing the person to appear before the court, or may, if the information is in writing and on oath, issue a warrant for the person\u2019s arrest and for the person to be brought before the court. (2) If at any time while a sexual harm prevention order or interim sexual harm prevention order is in force in respect of any person, a constable may arrest that person, without a warrant, where the constable reasonably suspects that the person has failed to comply with any of the requirements of the order, or has The Penal Code (Amendment) Bill, 2017 attempted to do so. (3) A person who, without reasonable excuse fails to comply with any of the requirements of the order, or attempts to do so, commits an offence and is liable on summary conviction, to imprisonment for a term not exceeding four years or to a fine not exceeding three thousand dollars or to both. (4) Where a person is convicted of failing to comply with any of the requirements of the order, or attempting to do so, that person may be committed to the Grand Court and the Grand Court shall have the same sentencing powers of the Summary Court and may impose such a sentence in addition to any other sentence. Amendment of sexual harm prevention order or interim sexual harm prevention order 45D. Where a sexual harm prevention order or interim sexual harm prevention order is in force in respect of a person and, on his application or that of the Director of Public Prosecutions, it appears to the court that made the order that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice to do so, the court may vary, renew or discharge the order. Meaning of sexual harm 45E. For the purpose of sections 45A and 45B, \u201csexual harm\u201d from a person means physical or psychological harm caused by a person committing a sexual offence. Rules of Court 2015 Revision 45F. The Rules Committee established under section 19 of the Grand Court Law (2015 Revision) shall make Rules regulating the procedures in respect of the making of an application and the granting of a sexual harm prevention order and an interim sexual harm prevention order.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"The Penal Code (2013 Revision) is amended by inserting after section 283 the following sections - \u201cPossession, etc. of articles for use to defraud 283A. A person who has in his possession or under his control any article for use to defraud commits an offence and is liable - (a) on summary conviction, to imprisonment Insertion of sections 283A and 283B into the Penal Code (2013 Revision) - possession, etc. of articles for use to defraud; making or supplying articles for use to defraud; meaning of article The Penal Code (Amendment) Bill, 2017 for a term not exceeding four years or to a fine not exceeding three thousand dollars or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine not exceeding five thousand dollars or to both. Making or supplying articles for use to defraud 283B. A person who makes, adapts, supplies or offers to supply any article knowing that it is designed or adapted for use to defraud commits an offence and is liable - (a) on summary conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding five thousand dollars or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine not exceeding ten thousand dollars or to both. Meaning of article 283C. For the purpose of sections 283A and 283B, \u201carticle\u201d includes any program or data held in electronic form.\u201d. Passed by the Legislative Assembly the day of , 2017. Speaker. 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(1) The Director of Public Prosecution, after\nconsultation with the Royal Cayman Islands Police\nService or any other relevant agency may apply to a\ncourt for a sexual harm prevention order.\n(2) Where a person, including a young person, of\nor over the age of seventeen is dealt with by the court for\nany offence of a sexual or indecent nature and the court\nis satisfied on a balance of probabilities that it is\nnecessary for the purpose of -\n\nShort title\nInsertion of sections\n45A to 45E into the\nPenal Code (2013\nRevision) \u2013 sexual harm\nprevention order; interim\nsexual harm prevention\norder; breach of sexual\nharm prevention order or\ninterim sexual harm\nprevention order an\noffence; amendment of\nsexual harm prevention\norder or interim sexual\nharm prevention order;\nmeaning of sexual harm\n\nThe Penal Code (Amendment) Bill, 2017\n\n4\n(a)\nprotecting the public or a particular\nmember of the public from sexual harm\nfrom that person; or\n(b) protecting children or vulnerable persons\nor a particular child or vulnerable person\nfrom sexual harm from that person,\nthe court, upon an application pursuant to subsection (1),\nmay instead of or in addition to any sentence, make a\nsexual harm prevention order.\n(3) A sexual harm prevention order shall prohibit\na person from doing anything described in the order and\nmay include such conditions as the court considers\nnecessary including a prohibition on travel both within\nand outside the Islands and shall be for a fixed period of\nat least five years.\n(4) Before making a sexual harm prevention order\nthe court shall explain to the convicted person -\n(a)\nthe purpose and effect of the order;\n(b) the consequences which may follow\nunder section 45C if the person fails to\ncomply with any of its requirements; and\n(c)\nthat the court has the power to review or\nvary the order on the application either\nof the person or the Director of Public\nProsecution.\nInterim sexual\nharm prevention\norder\n45B. (1) The Director of Public Prosecution, after\nconsultation with the Royal Cayman Islands Police\nService or any other relevant agency may apply to a\ncourt for an interim  sexual harm prevention order.\n(2) Where a person, including a young person, of\nor over the age of seventeen is charged with any offence\nof a sexual or indecent nature and the court is satisfied on\na balance of probabilities that it is necessary for the\npurpose of -\n(a)\nprotecting the public or a particular\nmember of the public from sexual harm\nfrom that person; or\n(b) protecting children or vulnerable persons\n\nThe Penal Code (Amendment) Bill, 2017\n\n5\nor a particular child or vulnerable person\nfrom sexual harm from that person,\nthe court may, upon an application pursuant to\nsubsection (1), make an interim sexual harm prevention\norder.\n(3) An interim sexual harm prevention order shall\nprohibit the person charged from doing anything\ndescribed in the order and may include such conditions\nas the court considers necessary including a prohibition\non travel both within and outside the Islands and shall be\nfor a fixed period.\n(4) Before making an interim sexual harm\nprevention order the court shall explain to the person\ncharged -\n(a)\nthe purpose and effect of the order;\n(b) the consequences which may follow\nunder section 45C if the person fails to\ncomply with any of its requirements; and\n(c)\nthat the court has the power to review or\nvary the order on the application either\nof the person charged or the Director of\nPublic Prosecution.\nBreach of sexual\nharm prevention\norder or interim\nsexual harm\nprevention order\nan offence\n45C. (1) If at any time while a sexual harm prevention\norder or interim sexual harm prevention order is in force\nin respect of any person, it appears on information to the\ncourt that made the order that the person has failed to\ncomply with any of the requirements of the order, or has\nattempted to do so, the court may issue a summons\ndirecting the person to appear before the court, or may, if\nthe information is in writing and on oath, issue a warrant\nfor the person\u2019s arrest and for the person to be brought\nbefore the court.\n(2) If at any time while a sexual harm prevention\norder or interim sexual harm prevention order is in force\nin respect of any person, a constable may arrest that\nperson, without a warrant, where the constable\nreasonably suspects that the person has failed to comply\nwith any of the requirements of the order, or has\n\nThe Penal Code (Amendment) Bill, 2017\n\n6\nattempted to do so.\n(3) A person who, without reasonable excuse fails\nto comply with any of the requirements of the order, or\nattempts to do so, commits an offence and is liable on\nsummary conviction, to imprisonment for a term not\nexceeding four years or to a fine not exceeding three\nthousand dollars or to both.\n(4) Where a person is convicted of failing to\ncomply with any of the requirements of the order, or\nattempting to do so, that person may be committed to the\nGrand Court and the Grand Court shall have the same\nsentencing powers of the Summary Court and may\nimpose such a sentence in addition to any other sentence.\nAmendment of\nsexual harm\nprevention order\nor interim sexual\nharm prevention\norder\n45D. Where a sexual harm prevention order or interim\nsexual harm prevention order is in force in respect of a\nperson and, on his application or that of the Director of\nPublic Prosecutions, it appears to the court that made the\norder that, having regard to circumstances which have\narisen since the order was made, it would be in the\ninterests of justice to do so, the court may vary, renew or\ndischarge the order.\nMeaning of\nsexual harm\n45E. For the purpose of sections 45A and 45B, \u201csexual\nharm\u201d from a person means physical or psychological\nharm caused by a person committing a sexual offence.\nRules of Court\n2015 Revision\n45F. The Rules Committee established under section 19\nof the Grand Court Law (2015 Revision) shall make\nRules regulating the procedures in respect of the making\nof an application and the granting of a sexual harm\nprevention order and an interim sexual harm prevention\norder.\u201d.\n3.\nThe Penal Code (2013 Revision) is amended by inserting after section 283\nthe following sections -\n\u201cPossession, etc.\nof articles for use\nto defraud\n283A.\nA person who has in his possession or under\nhis control any article for use to defraud commits an\noffence and is liable -\n(a)\non summary conviction, to imprisonment\nInsertion of sections\n283A and 283B into the\nPenal Code (2013\nRevision) - possession,\netc. of articles for use to\ndefraud; making or\nsupplying articles for\nuse to defraud; meaning\nof article\n\nThe Penal Code (Amendment) Bill, 2017\n\n7\nfor a term not exceeding four years or to\na fine not exceeding three thousand\ndollars or to both;\n(b) on\nconviction\non\nindictment,\nto\nimprisonment for a term not exceeding\nseven years or to a fine not exceeding\nfive thousand dollars or to both.\nMaking or\nsupplying\narticles for use to\ndefraud\n283B.\nA person who makes, adapts, supplies or\noffers to supply any article knowing that it is designed or\nadapted for use to defraud commits an offence and is\nliable -\n(a) on summary conviction, to imprisonment\nfor a term not exceeding five years or to a\nfine not exceeding five thousand dollars\nor to both;\n(b) on\nconviction\non\nindictment,\nto\nimprisonment for a term not exceeding\nten years or to a fine not exceeding ten\nthousand dollars or to both.\nMeaning of\narticle\n283C.\nFor the purpose of sections 283A and 283B,\n\u201carticle\u201d includes any program or data held in electronic\nform.\u201d.\n\nPassed by the Legislative Assembly the\n day of\n, 2017.\n\nSpeaker.\n\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:41:47.363709+00","cms_id":"2017-0013","law_type":"bill","year":"2017","number":"13","title":"Limited Liability Partnership Act","status":"bill"},"provenance":{"files":[{"file_id":"6921","expr_id":"2122","kind":"akn_xml","filename":"2017-0013.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2017\/2017-0013\/2017-0013.akn.xml","content_md5":"2c948c36664f813bbe2ff5714bdfea3a","byte_size":"11725","http_last_modified":null,"fetched_at":"2026-06-22 15:41:47.412619+00"},{"file_id":"4243","expr_id":"2122","kind":"pristine_pdf","filename":"2017-0013.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2017\/2017-0013\/2017-0013.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2017\/2017-0013\/2017-0013.pdf","content_md5":"5b366fffe865884ee2378c36e48105f8","byte_size":"113663","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.237337+00"},{"file_id":"4244","expr_id":"2122","kind":"working_pdf","filename":"2017-0013.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2017\/2017-0013\/2017-0013.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2017\/2017-0013\/2017-0013.pdf","content_md5":"5b366fffe865884ee2378c36e48105f8","byte_size":"113663","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.237337+00"}],"paragraph_count":15,"latest_history":null},"quality":{"expr_id":"2122","doc_id":"2122","quality_state":"known_issue","quality_score":"51","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"high\": 1, \"medium\": 2}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: the penal code amendment bill 2017 x7; sexual harm x4; prevention order x3","assessed_at":"2026-06-22 15:29:46.480274+00","updated_at":"2026-06-22 15:29:46.480274+00"}}