- Latest available (Revised)
- Point in Time (24/04/2017)
- Original (As enacted)
No versions valid at: 24/04/2017
Point in time view as at 24/04/2017. This version of this cross heading contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, Cross Heading: Enforcement.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 31/03/2023
(1)A person commits an offence if, without reasonable excuse, the person—
(a)does something which the person is prohibited from doing, or
(b)fails to do something which the person is required to do,
by a sexual risk order or an interim sexual risk order.
(2)A person who commits an offence under subsection (1) is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 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 or a fine (or both).
(3)Where a person is convicted of an offence under subsection (1), it is not open to the court by or before which the person is convicted—
(a)to make a community payback order in respect of the offence, or
(b)to dispose of the matter by—
(i)dismissing the person with an admonition, or
(ii)discharging the person absolutely.
(4)A person may be prosecuted, tried and punished for an offence under subsection (1) of failing to comply with a prohibition on foreign travel—
(a)in any sheriff court district in which the person is apprehended or 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).
(1)This section applies to a person who—
(a)is convicted of an offence under section 34,
(b)is acquitted of such an offence by reason of the special defence set out in section 51A of the 1995 Act, or
(c)is found, in respect of such an offence, to be unfit for trial under section 53F of the 1995 Act and the court determines that the person has done the act or made the omission constituting the offence.
(2)Where the person—
(a)was a relevant offender immediately before this section applied to the person, and
(b)would (apart from this subsection) cease to be subject to the notification requirements of Part 2 of the 2003 Act while the relevant order has effect,
the person remains subject to those notification requirements while the relevant order has effect.
(3)Where the person was not a relevant offender immediately before this section applied to the person—
(a)the person, by virtue of this section, becomes subject to the notification requirements of Part 2 of the 2003 Act from the time this section first applies to the person and remains so subject until the relevant order ceases to have effect, and
(b)that Part of that Act applies to the person subject to the modification set out in subsection (4).
(4)The “relevant date” is the date on which this section first applies to the person.
(5)In this section—
“relevant offender” has the meaning given by section 80(2) of the 2003 Act,
“relevant order” means—
where the conviction, finding or acquittal by virtue of which this section applies to the person is in respect of a breach of a sexual risk order, that order,
where the conviction, finding or acquittal by virtue of which this section applies to the person is in respect of an interim sexual risk order—
any sexual risk order made on the hearing of the application to which the interim order relates, or
if no such order is made, the interim order.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: