(1) The Secretary of State must issue guidance to chief officers of police, the Director General of the National Crime Agency, the chief constable of the British Transport Police Force and the chief constable of the Ministry of Defence Police in relation to the exercise by them of their powers with regard to sexual harm prevention orders and interim sexual harm prevention orders.
(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
(1) Rules of court—
(a) may provide for a youth court to give permission for an application under section 103A(4) against a person aged 18 or over to be made to the youth court if—
(i) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
(ii) the youth court thinks that it would be in the interests of justice for the applications to be heard together;
(b) may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 103A, 103E, 103F or 103G(6) or (7) have begun—
(i) prescribe circumstances in which the proceedings may or must remain in the youth court;
(ii) make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 103F with modifications).
(2) A person's age is treated for the purposes of sections 103A to 103J and this section as being that which it appears to the court to be after considering any available evidence.
104 Sexual offences prevention orders: applications and grounds
(1) A court may make an order under this section in respect of a person (“the defendant”) where any of subsections (2) to (4) applies to the defendant and—
(a) where subsection (4) applies, it is satisfied that the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant;
(b) in any other case, it is satisfied that it is necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
(2) This subsection applies to the defendant where the court deals with him in respect of an offence listed in Schedule 3 or 5.
(3) This subsection applies to the defendant where the court deals with him in respect of a finding—
(a) that he is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or
(b) that he is under a disability and has done the act charged against him in respect of such an offence.
(4) This subsection applies to the defendant where—
(a) an application under subsection (5) has been made to the court in respect of him, and
(b) on the application, it is proved that he is a qualifying offender.
(5) A chief officer of police may by complaint to a magistrates' court apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area if it appears to the chief officer that—
(a) the person is a qualifying offender, and
(b) the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
(6) An application under subsection (5) may be made to any magistrates' court whose commission area includes—
(a) any part of the applicant’s police area, or
(b) any place where it is alleged that the person acted in a way mentioned in subsection (5)(b).
(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).
(6) A person is within this subsection if, whether before or after the commencement of this Part, he—
(a) has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,
(b) has been found not guilty of such an offence by reason of insanity,
(c) has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
(d) in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
(7) A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a) he has been convicted of a relevant offence (whether or not he has been punished for it),
(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.
(8) “Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (6) or (7).
(9) In subsection (7), “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 listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.
(10) 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 (9), however it is described in that law.
(11) Subject to subsection (12), on an application under section 104(5) the condition in subsection (9)(b) (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.
(12) 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 (11).
(13) Subsection (14) applies for the purposes of section 104 and this section in their application in relation to England and Wales or Northern Ireland.
(14) In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—
(a) to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or
(b) to the age of any person,
is to be disregarded.
(1) A sexual offences prevention order—
(a) prohibits the defendant from doing anything described in the order or requires the defendant to do anything described in the order (or both), and
(b) has effect for a fixed period (not less than 5 years) specified in the order or until further order.
(2) The only prohibitions or requirements that may be included in the order are those necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
(3) Where—
(a) an order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and
(b) the defendant would (apart from this subsection and sections 88F and 88G) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
(3A) Where—
(a) a sexual offences prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A); and
(b) by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,
the sexual offences prevention order ceases to have effect.
(3B) Subsection (3A) applies to the orders mentioned in section 108(8)(b) and (c) as it applies to sexual offences prevention orders.
(4) Where an order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—
(a) the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and
(b) this Part applies to the defendant, subject to the modification set out in subsection (5).
(5) The “relevant date” is the date of service of the order.
(6) Where a court makes a sexual offences prevention 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.
(7) Section 106(3) applies for the purposes of this section and section 108.
(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual offences prevention order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant resides;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, his police area;
(d) where the order was made on an application under section 104(5), the chief officer of police who made the application.
(3) An application under subsection (1) may be made—
(a) where the appropriate court is the Crown Court, in accordance with rules of court;
(b) in any other case, by complaint.
(4) Subject to subsections (5) and (6), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual offences prevention order, that the court considers appropriate.
(5) An order may be renewed, or varied so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant (and any renewed or varied order may contain only such prohibitions or requirements as are necessary for this purpose).
(6) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—
(a) where the application is made by a chief officer of police, that chief officer, or
(b) in any other case, the chief officer of police for the area in which the defendant resides.
(7) In this section “the appropriate court” means—
(a) where the Crown Court or the Court of Appeal made the sexual offences prevention order, the Crown Court;
(b) where a magistrates' court made the order, that court, a magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer’s police area;
(c) where a youth court made the order, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court whose commission area includes any part of the chief officer’s police area.
(8) This section applies to orders under—
(a) section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders),
(b) section ... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in ... Scotland), and
(c) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland),
as it applies to sexual offences prevention orders.
(1) This section applies where an application under section 104(5) or 105(1) (“the main application”) has not been determined.
(2) An application for an order under this section (“an interim sexual offences prevention order”)—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim sexual offences prevention order, prohibiting the defendant from doing anything described in the order or requiring the defendant to do anything described in the order (or both).
(4) Such an order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(5) Section 107(3) 107(2) Section 107(2) to (5) apply to an interim sexual offences prevention order as if references to an order were references to such an order, and with the omission of “as renewed from time to time” in both places.
(6) The applicant or the defendant may by complaint apply to the court that made the interim sexual offences prevention order for the order to be varied, renewed or discharged.
(7) Subsection (6) applies to orders under—
(a) section ... 20(4)(a) of the Crime and Disorder Act 1998 (c. 37) (interim orders made in ... Scotland), and
(b) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (interim orders made in Northern Ireland),
as it applies to interim sexual offences prevention orders.
110 Appeals in relation to SOPOs and interim SOPOs: Northern Ireland
(1) A defendant may appeal against the making of a sexual offences prevention order—
(a) where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;
(b) where section 104(3) (but not section 104(2)) applied to him, as if he had been convicted of the offence and the order were a sentence passed on him for that offence;
(c) where the order was made on an application under section 104(5), to a county court.
(2) A defendant may appeal to a county court against the making of an interim sexual offences prevention order.
(3) A defendant may appeal against the making of an order under section 108, or the refusal to make such an order—
(a) where the application for such an order was made to the Crown Court, to the Court of Appeal;
(b) in any other case, to a county court.
(4) On an appeal under subsection (1)(c), (2) or (3)(b), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(5) Any order made by a county court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 108(7) or 109(6) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).
(1) A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—
(a) a sexual offences prevention order;
(b) an interim sexual offences prevention order;
(c) an order under section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);
(d) an order under section ... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made ... in Scotland);
(e) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland).
(1ZA) A person commits an offence if, without reasonable excuse, the person—
(a) contravenes a prohibition imposed by—
(i) a sexual harm prevention order,
(ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
(iii) an interim sexual harm prevention order,
other than a prohibition on foreign travel, or
(b) fails to comply with a requirement imposed by—
(i) a sexual harm prevention order,
(ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
(iii) an interim sexual harm prevention order.
(1ZB) A person commits an offence if, without reasonable excuse, the person—
(a) contravenes a prohibition imposed by a relevant Scottish order other than a prohibition on foreign travel, or
(b) fails to comply with a requirement imposed by a relevant Scottish order.
(1ZC) In subsection (1ZB)—
“prohibition on foreign travel” has the meaning given by section 17(2) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22);
“relevant Scottish order” means—
a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, or
an interim sexual harm prevention order made under section 21 of that Act.
(1A) A person commits an offence if, without reasonable excuse, he fails to do anything which he is required to do by a sexual offences prevention order or an interim sexual offences prevention order.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(3) Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge or, in Scotland, a community payback order.
114 Foreign travel orders: applications and grounds
(1) A chief officer of police may by complaint to a magistrates' court apply for an order under this section (a “foreign travel order”) in respect of a person (“the defendant”) who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—
(a) the defendant is a qualifying offender, and
(b) the defendant has since the appropriate date 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 to any magistrates' court whose commission area includes any part of the applicant’s police area.
(3) On the application, the court may make a foreign travel order if it is satisfied that—
(a) the defendant is a qualifying offender, and
(b) the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
(1) Subsections (2) to (5) apply for the purposes of section 114.
(2) “Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom” means protecting persons under 18 generally or any particular person under 18 from serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom.
(3) Acts and behaviour include those occurring before the commencement of this Part.
(4) “Qualifying offender” has the meaning given by section 116.
(5) “Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section 116.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—
(a) has been convicted of an offence within subsection (2),
(b) has been found not guilty of such an offence by reason of insanity,
(c) has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
(d) in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
(2) The offences are—
(a) an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;
(b) an offence within paragraph 31 or 92S of that Schedule, if the intended offence was an offence against a person under 18;
(c) an offence within paragraph 93 or 93A of that Schedule, if—
(i) the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;
(ii) the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person under 18; or
(iii) the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was under 18 at the time of the offence.
(d) an offence within any other paragraph of that Schedule, if the victim of the offence was under 18 at the time of the offence.
(2A) In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.
(3) A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a) he has been convicted of a relevant offence (whether or not he has been punished for it),
(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).
(1) A foreign travel order has effect for a fixed period of not more than 5 years, 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.
(6) Section 115(2) applies for the purposes of this section and section 118.
(1) This section applies in relation to a foreign travel order which contains a prohibition within section 117(2)(c).
(2) The order must require the defendant to surrender all of the defendant's passports, at a police station in Northern Ireland specified in the order—
(a) on or before the date when the prohibition takes effect, or
(b) within a period specified in the order.
(3) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel order containing a prohibition within section 117(2)(c) (unless the person is subject to an equivalent prohibition under another order).
(4) Subsection (3) does not apply in relation to—
(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
(5) In this section “passport” means—
(a) a United Kingdom passport within the meaning of the Immigration Act 1971;
(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
(c) a document that can be used (in some or all circumstances) instead of a passport.
118 Foreign travel orders: variations, renewals and discharges
(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a foreign travel order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police on whose application the foreign travel order was made;
(c) the chief officer of police for the area in which the defendant resides;
(d) a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.
(3) Subject to subsection (4), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the foreign travel order, that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
(5) In this section “the appropriate court” means—
(a) the court which made the foreign travel order;
(b) a magistrates' court for the area in which the defendant resides; or
(c) where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of his police area.
119 Appeals in relation to foreign travel orders: Northern Ireland
(1) A defendant may appeal to a county court—
(a) against the making of a foreign travel order;
(b) against the making of an order under section 118, or the refusal to make such an order.
(2) On any such appeal, the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(3) Any order made by a county court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 118(5) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).
(1) A person commits an offence if, without reasonable excuse—
(a) he does anything which he is prohibited from doing by a foreign travel order , ...
(b) he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order , or
(c) he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).
(1A) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).
(1B) A person commits an offence if, without reasonable excuse, the person fails to comply with—
(a) a requirement under section 117A(2) (surrender of passports: ... Northern Ireland), or
(b) a requirement under section 117B(2) (surrender of passports: Scotland).
(1C) A person may be prosecuted, tried and punished for any offence under subsection (1B)—
(a) in any sheriff court district in which the person is apprehended or is in custody, or
(b) in such sheriff court district as the Lord Advocate may determine,
as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(3) Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge (or, in Scotland, a community payback order).
122A Sexual risk orders: applications, grounds and effect
(1) A person mentioned in subsection (1A) (“the applicant”) may by complaint to a magistrates’ court apply for an order under this section (a “sexual risk order”) in respect of a person (“the defendant”) if it appears to the applicant that the condition in subsection (2) is met.
(1A) Those persons are—
(a) a chief officer of police;
(b) the Director General of the National Crime Agency (“the Director General”);
(c) the chief constable of the British Transport Police Force;
(d) the chief constable of the Ministry of Defence Police.
(2) The condition is that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for a sexual risk order to be made.
(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (1A) must have regard to the list in considering—
(a) whether as a result of the act mentioned in subsection (2) there is reasonable cause to believe that it is necessary for a sexual risk order to be made for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) whether to apply for a prohibition on foreign travel (see section 122C) to be included in any such order for that purpose.
(3) A chief officer of police may make an application under subsection (1) only in respect of a person—
(a) who resides in the chief officer's police area, or
(b) who the chief officer believes is in that area or is intending to come to it.
(4) An application under subsection (1) may be made to any magistrates' court acting for a local justice area that includes—
(a) any part of a relevant police area, or
(b) any place where it is alleged that the person acted in a way mentioned in subsection (2).
(5) If the Director General, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under subsection (1), that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.
(6) On an application under subsection (1), the court may make a sexual risk order if—
(a) the court is satisfied on the balance of probabilities that the defendant has, whether before or after the commencement of this Part, done one or more of the acts of a sexual nature alleged by the person making the application, and
(b) the court is satisfied that as a result of the defendant acting in such a way it is necessary to make such an order for the purpose of—
(i) protecting the public or any particular members of the public from harm from the defendant, or
(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(6A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether a sexual risk order is necessary for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether a prohibition on foreign travel (see section 122C) is necessary for that purpose.
(7) A sexual risk order may—
(a) prohibit the defendant from doing anything described in the order;
(b) require the defendant to do anything described in the order.
(8) A sexual risk order may specify—
(a) has effect for a fixed period (not less than 2 years) specified in the order or until further order, and
(b) may specify different periods for different prohibitions or requirements.
(9) The only prohibitions or requirements that may be imposed are those necessary for the purpose of—
(a) protecting the public or any particular members of the public from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(9A) The prohibitions or requirements which are imposed on the defendant by a sexual risk order must, so far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs,
(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (10)).
(10) Where a court makes a sexual risk order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
(1) In section 122A—
“child” means a person under 18;
“harm” from the defendant means physical or psychological harm caused by the defendant doing an act of a sexual nature;
“the public” means the public in the United Kingdom;
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.
(2) Where the defendant is a child, a reference in that section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 122K(1)).
(3) In that section “relevant police area” means—
(a) where the applicant is a chief officer of police, the officer's police area;
(b) where the applicant is the applicant of the National Crime Agency , the chief constable of the British Transport Police Force or the chief constable for the Ministry of Defence Police—
(i) the police area where the person in question resides, or
(ii) a police area which the Director General believes the person is in or is intending to come to.
122BA Sexual risk orders: requirements included in order etc.
(1) A sexual risk order that imposes a requirement to do something on a defendant must specify a person who is to be responsible for supervising compliance with the requirement.
The person may be an individual or an organisation.
(2) Before including such a requirement in a sexual risk order, the court must receive evidence about its suitability and enforceability from—
(a) the individual to be specified under subsection (1), if an individual is to be specified;
(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
(3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 122EA(5) and (6)).
(4) It is the duty of a person specified under subsection (1)—
(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”);
(b) to promote the defendant’s compliance with the relevant requirements;
(c) if the person considers that—
(i) the defendant has complied with all the relevant requirements, or
(ii) the defendant has failed to comply with a relevant requirement,
to inform the appropriate chief officer of police.
(5) In subsection (4)(c) the “appropriate chief officer of police means—
(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the defendant resides, or
(b) if it appears to that person that the defendant resides in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform.
(6) A defendant subject to a requirement imposed by a sexual risk order must—
(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and
(b) notify that person of any change of the defendant’s home address.
These obligations have effect as requirements of the order.
122C Sexual risk orders: prohibitions on foreign travel
(1) A prohibition on foreign travel contained in a sexual risk order must not be for a period of more than 5 years.
(2) A “prohibition on foreign travel” means—
(a) a prohibition on travelling to any country outside the United Kingdom named or described in the order,
(b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
(c) a prohibition on travelling to any country outside the United Kingdom.
(3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 122D.
(4) A sexual risk order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—
(a) on or before the date when the prohibition takes effect, or
(b) within a period specified in the order.
(5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order).
(6) Subsection (5) does not apply in relation to—
(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
(7) In this section “passport” means—
(a) a United Kingdom passport within the meaning of the Immigration Act 1971;
(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
(c) a document that can be used (in some or all circumstances) instead of a passport.
122D Sexual risk order: variations, renewals and discharges
(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a sexual risk order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant resides;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) to (d) must have regard to the list in considering—
(a) whether to apply for an order varying or renewing a sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
(d) where the order was made on an application by a chief officer of police, that officer.
(3) Subject to subsections (4) and (5), on an application made under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual risk order, that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public or any particular members of the public from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
Any renewed or varied order may contain only such prohibitions and requirements as are necessary for this purpose.
(4A) Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs,
(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the defendant may be subject.
(4B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether any order varying or renewing the sexual risk order is necessary for the purposes of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
(5) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and—
(a) where the application is made by a chief officer of police, that chief officer, or
(b) in any other case, the chief officer of police for the area in which the defendant resides.
(6) Section 122B(1) applies for the purposes of this section.
(7) In this section “the appropriate court” means—
(a) where an adult magistrates' court made the sexual risk order, that court, any adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(b) where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.
(1) This section applies where an application for a sexual risk order (“the main application”) has not been determined.
(2) An application for an order under this section (“an interim sexual risk order”)—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person who has made, or is considering making, an application for a sexual risk order must have regard to the list in considering—
(a) whether to apply for an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for a prohibition on foreign travel to be included in any such order for that purpose.
(3) The court may, if it considers it just to do so, make an interim sexual risk order—
(a) prohibiting the defendant from doing anything described in the order;
(b) requiring the defendant to do anything described in the order.
(3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether to make an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether to include a prohibition on foreign travel in any such order for that purpose.
(4) Such an order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(5) The applicant or the defendant may by complaint apply to the court that made the interim sexual risk order for the order to be varied, renewed or discharged.
(6) Subsections (2A) and (3A) apply in relation to an application for the variation or renewal of an interim sexual risk order as they apply in relation to an application for such an order.
(7) If the Director General of the National Crime Agency, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under this section, that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.
(8) In subsection (7), “relevant police area” has the same meaning as in section 122A (sexual risk orders: applications, grounds and effect) (see section 122B(3)).
122F Sexual risk orders and interim sexual risk orders: notification requirements
(1) A person in respect of whom a court makes—
(a) a sexual risk order (other than one that replaces an interim sexual risk order), or
(b) an interim sexual risk order,
must, within the period of 3 days beginning with the date of service of the order, notify to the police the information set out in subsection (2) (unless the person is subject to the notification requirements of this Part on that date).
(2) The information is—
(a) the person's name and, where the person uses one or more other names, each of those names;
(b) the person's home address.
(3) A person who—
(a) is subject to a sexual risk order or an interim sexual risk order (but is not subject to the notification requirements of this Part), and
(b) uses a name which has not been notified under this section (or under any other provision of this Part), or changes home address,
must, within the period of 3 days beginning with the date on which that happens, notify to the police that name or (as the case may be) the new home address.
(4) Sections 87 (method of notification and related matters) and 91 (offences relating to notification) apply for the purposes of this section—
(a) with references to section 83(1) being read as references to subsection (1) above,
(b) with references to section 84(1) being read as references to subsection (3) above, and
(c) with the omission of section 87(2)(b).
122G Sexual risk orders and interim sexual risk orders: appeals
(1) A defendant may appeal to the Crown Court—
(a) against the making of a sexual risk order;
(b) against the making of an interim sexual risk order; or
(c) against the making of an order under section 122D, or the refusal to make such an order.
(2) On any such appeal, the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(3) Any order made by the Crown Court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 122D(7) or 122E(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).
122H Offence: breach of sexual risk order or interim sexual risk order etc
(A1) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or
(b) fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,
commits an offence.
(1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a risk of sexual harm order,
(d) an interim risk of sexual harm order,
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
commits an offence.
(1A) A person who, without reasonable excuse, does anything that the person is required to do by a risk of sexual harm order that has been renewed or varied as mentioned in section 136ZJ(7) commits an offence.
(1B) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a relevant Scottish order, or
(b) fails to do something that the person is required to do by a relevant Scottish order,
commits an offence.
(1C) In subsection (1B) “relevant Scottish order” means—
(a) a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or
(b) an interim sexual risk order made under section 31 of that Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
122I Effect of conviction etc of an offence under section 122H etc
(1) This section applies to a person (“the defendant”) who—
(a) is convicted of an offence mentioned in subsection (2);
(b) is found not guilty of such an offence by reason of insanity;
(c) is found to be under a disability and to have done the act charged against him in respect of such an offence; or
(d) is cautioned in respect of such an offence.
(2) Those offences are—
(a) an offence under section 122H or 128 of this Act;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) This section also applies to a person (“the defendant”) who—
(a) is convicted of an offence mentioned in subsection (2B),
(b) is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or
(c) is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence.
(2B) Those offences are—
(a) an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland);
(b) an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.
(3) Where—
(a) a defendant was a relevant offender immediately before this section applied to the defendant, and
(b) the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the relevant order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
(4) Where the defendant was not a relevant offender immediately before this section applied to the defendant—
(a) this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to the defendant until the relevant order (as renewed from time to time) ceases to have effect, and
(b) this Part applies to the defendant, subject to the modification set out in subsection (5).
(5) The “relevant date” is the date on which this section first applies to the defendant.
(6) In this section “relevant order” means—
(a) where the conviction, finding , caution or acquittal within subsection (1) or (2A) is in respect of a breach of a sexual risk order or a risk of sexual harm order, that order;
(b) where the conviction, finding , caution or acquittal within subsection (1) or (2A) is in respect of a breach of an interim sexual risk order or an interim risk of sexual harm order, any sexual risk order or risk of sexual harm order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.
(6A) In subsection (6) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122J Sexual risk orders and interim sexual risk orders: guidance
(1) The Secretary of State must issue guidance to chief officers of police, the Director General of the National Crime Agency, the chief constable of the British Transport Police Force and the chief constable of the Ministry of Defence Police in relation to the exercise by them of their powers with regard to sexual risk orders and interim sexual risk orders.
(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
122K Sexual risk orders and interim sexual risk orders: supplementary
(1) Rules of court—
(a) may provide for a youth court to give permission for an application under section 122A against a person aged 18 or over to be made to the youth court if—
(i) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
(ii) the youth court thinks that it would be in the interests of justice for the applications to be heard together;
(b) may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 122A, 122D or 122E have begun—
(i) prescribe circumstances in which the proceedings may or must remain in the youth court;
(ii) make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 122E with modifications).
(2) A person's age is treated for the purposes of sections 122A to 122J and this section as being that which it appears to the court to be after considering any available evidence.
123 Risk of sexual harm orders: applications, grounds and effect
(1) The Chief Constable of the Police Service of Northern Ireland may by complaint to a court of summary jurisdiction apply for an order under this section (a “risk of sexual harm order”) in respect of a person aged 18 or over (“the defendant”) who resides in Northern Ireland or who the Chief Constable believes is in, or is intending to come to, Northern Ireland if it appears to the Chief Constable that—
(a) the defendant has on at least two occasions, whether before or after the commencement of this Part, done an act within subsection (3), and
(b) as a result of those acts, there is reasonable cause to believe that it is necessary for such an order to be made.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The acts are—
(a) engaging in sexual activity involving a child or in the presence of a child;
(b) causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual;
(c) giving a child anything that relates to sexual activity or contains a reference to such activity;
(d) communicating with a child, where any part of the communication is sexual.
(4) On the application, the court may make a risk of sexual harm order if it is satisfied that—
(a) the defendant has on at least two occasions, whether before or after the commencement of this section, done an act within subsection (3); and
(b) it is necessary to make such an order, for the purpose of protecting children generally or any child from harm from the defendant.
(5) Such an order—
(a) prohibits the defendant from doing anything described in the order;
(b) has effect for a fixed period (not less than 2 years) specified in the order or until further order.
(6) The only prohibitions that may be imposed are those necessary for the purpose of protecting children generally or any child from harm from the defendant.
(7) Where a court makes a risk of sexual harm 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.
(1) Subsections (2) to (7) apply for the purposes of section 123.
(2) “Protecting children generally or any child from harm from the defendant” means protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).
(3) “Child” means a person under 16.
(4) “Image” means an image produced by any means, whether of a real or imaginary subject.
(5) “Sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.
(6) A communication is sexual if—
(a) any part of it relates to sexual activity, or
(b) a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the communication is sexual.
(7) An image is sexual if—
(a) any part of it relates to sexual activity, or
(b) a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the image is sexual.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A person within subsection (2) may by complaint to the appropriate court a court of summary jurisdiction apply for an order varying, renewing or discharging a risk of sexual harm order.
(2) The persons are—
(a) the defendant;
(b) the Chief Constable of the Police Service of Northern Ireland.
(3) Subject to subsections (4) and (5), on the application the court, after hearing the person making the application, and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order, varying, renewing or discharging the risk of sexual harm order, that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from harm from the defendant (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
(5) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland.
(6) Section 124(2) applies for the purposes of this section.
(7) In this section “the appropriate court” means—
(a) the court which made the risk of sexual harm order;
(b) a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides;
(c) where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.
(1) This section applies where an application for a risk of sexual harm order (“the main application”) has not been determined.
(2) An application for an order under this section (“an interim risk of sexual harm order”)—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the Chief Constable of the Police Service of Northern Ireland, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim risk of sexual harm order, prohibiting the defendant from doing anything described in the order.
(4) Such an order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(5) The applicant or the defendant may by complaint apply to the court that made the interim risk of sexual harm order for the order to be varied, renewed or discharged.