Sexual Offences Act 2003

[F1 122E Interim sexual risk orders E+W

(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.

[F2 (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Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person who has made, or is considering making, an application for a sexual risk order must have regard to the list in considering—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[F3 —

(a) prohibiting the defendant from doing anything described in the order;

(b) requiring the defendant to do anything described in the order.]

[F4 (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If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—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.]

[F5 (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.]

[F6 (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)).]

Textual Amendments

F1 Ss. 122A-122K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 4 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)

F2 S. 122E(2A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(9)(a), 208(1); S.I. 2022/1227, reg. 3(f)

F3 S. 122E(3)(a)(b) substituted (29.11.2022) for words by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(5), 208(1); S.I. 2022/1227, reg. 3(i)

F4 S. 122E(3A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(9)(b), 208(1); S.I. 2022/1227, reg. 3(f)

F5 S. 122E(6) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(9)(c), 208(1); S.I. 2022/1227, reg. 3(f)

F6 S. 122E(7)(8) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 171(13), 208(1); S.I. 2022/1227, reg. 3(d)