C1C2C3C4Part 2Notification and orders
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
F1Sexual harm prevention orders (England and Wales)
Ss. 103A-103K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 2 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)
103IC1Offence: breach of SHPO or interim SHPO etc
F2A1
A person who, without reasonable excuse—
a
does anything that the person is prohibited from doing by a sexual harm prevention order or an interim sexual harm prevention order, or
b
fails to do something that the person is required to do by a sexual harm prevention order or an interim sexual harm prevention order,
commits an offence.
1
A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
F3a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a sexual offences prevention order,
d
an interim sexual offences prevention order, or
e
a foreign travel order,
commits an offence.
F61A
A person who, without reasonable excuse, fails to do something that the person is required to do by a sexual offences prevention order or an interim sexual offences prevention order 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 harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or
b
an interim sexual harm prevention order made under section 21 of that Act.
F52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2