Sentencing Act 2020

351 Variation [F1 , renewal or discharge] of sexual harm prevention order by court in Northern Ireland E+W+N.I.

(1) This section applies where a sexual harm prevention order has been made in respect of an offender who—

(a) is residing in Northern Ireland, or

(b) is in or intends to come to Northern Ireland.

(2) An application may be made to the appropriate court in Northern Ireland—

(a) by the offender, or

(b) by the Chief Constable of the Police Service of Northern Ireland,

for an order varying [F2 , renewing or discharging] the sexual harm prevention order.

(3) An application under subsection (2) 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) Subsection (5) applies where an application under subsection (2) is made.

(5) After hearing—

(a) the person making the application, and

(b) the other person mentioned in subsection (2) (if that person wishes to be heard),

the court may make any order varying [F3 , renewing or discharging] the sexual harm prevention order that it considers appropriate.

This is subject to [F4 subsections (5A) to (7A)].

[F5 (5A) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in Northern Ireland, and

(b) whether the defendant is likely to return to, or to visit, England and Wales.]

(6) An order may be [F6 renewed, or] varied so as to impose additional prohibitions [F7 or requirements] on the offender [F8 , only] if it is necessary to do so for the purpose of—

(a) protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(7) An order as [F9 renewed or] varied under this section may contain only such prohibitions [F10 and requirements] as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

[F11 (7A) The court must not discharge an order before the end of the period of 5 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.]

(8) The offender may appeal against the making of an order under this section, 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 in Northern Ireland;

(b) in any other case, to a county court in Northern Ireland.

(9) On an appeal under subsection (8)(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.

(10) In this section—

• “the appropriate court” means—

  (a)

  where the sexual harm prevention order was made by—

  (i)

  the Crown Court, otherwise than on appeal from a magistrates' court, or

  (ii)

  the Court of Appeal,

  the Crown Court (in Northern Ireland);

  (b)

  where—

  (i)

  the sexual harm prevention order was made by a magistrates' court, or by the Crown Court on appeal from a magistrates' court, and

  (ii)

  the offender is aged 18 or over,

  any court of summary jurisdiction in Northern Ireland;

  (c)

  where—

  (i)

  the offender is aged under 18, and

  (ii)

  paragraph (a) does not apply,

  any youth court in Northern Ireland;

• “complaint” means a complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

Textual Amendments

F1 Words in s. 351 heading inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(2); S.I. 2023/387, reg. 3(g)(i)

F2 Words in s. 351(2) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(3); S.I. 2023/387, reg. 3(g)(i)

F3 Words in s. 351(5) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(4)(a); S.I. 2023/387, reg. 3(g)(i)

F4 Words in s. 351(5) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(4)(b); S.I. 2023/387, reg. 3(g)(i)

F5 S. 351(5A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(5); S.I. 2023/387, reg. 3(g)(i)

F6 Words in s. 351(6) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(6)(a); S.I. 2023/387, reg. 3(g)(i)

F7 Words in s. 351(6) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(1)(a), 208(1); S.I. 2022/1227, reg. 3(j)

F8 Word in s. 351(6) substituted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(6)(b); S.I. 2023/387, reg. 3(g)(i)

F9 Words in s. 351(7) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(7); S.I. 2023/387, reg. 3(g)(i)

F10 Words in s. 351(7) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(1)(b), 208(1); S.I. 2022/1227, reg. 3(j)

F11 S. 351(7A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 18 para. 3(8); S.I. 2023/387, reg. 3(g)(i)

Commencement Information

I1 S. 351 in force at 1.12.2020 by S.I. 2020/1236, reg. 2