Police, Crime, Sentencing and Courts Act 2022

180 Enforcement of requirements of orders made in Scotland or Northern Ireland U.K.

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 103I (offence: breach of SHPO or interim SHPO etc), after subsection (1) insert—

“(1A) 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.”

(3) In section 113 (offence: breach of SOPO or interim SOPO etc), after subsection (1ZA) insert—

“(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)

  a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, or

  (b)

  an interim sexual harm prevention order made under section 21 of that Act.”

(4) In section 122(1) (offence: breach of foreign travel order)—

(a) omit the “or” at the end of paragraph (a), and

(b) at the end of paragraph (b) insert “, 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).”

(5) In section 122H (offence: breach of sexual risk order or interim sexual risk order etc)—

(a) in subsection (1) omit paragraphs (e) and (f), and

(b) after subsection (1) insert—

“(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.”

(6) In section 128 (offence: breach of risk of sexual harm order or interim risk of sexual harm order etc)—

(a) in subsection (1) omit paragraphs (e) and (f), and

(b) after subsection (1A) (inserted by section 177) insert—

“(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.”

(7) In section 136ZA (application of orders throughout the United Kingdom) in subsection (1)—

(a) after paragraph (i) insert—

“(ia) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22);

(ib) an interim sexual harm prevention order made under section 21 of that Act;

(ic) a sexual risk order made under section 27 of that Act;

(id) an interim sexual risk order made under section 31 of that Act.”, and

(b) omit paragraphs (j) and (k).

Commencement Information

I1 S. 180 not in force at Royal Assent, see s. 208(1)

I2 S. 180(1)(2)(5)-(7) in force at 31.3.2023 by S.I. 2023/387, reg. 3(c) (with reg. 4(1))

I3 S. 180(3)(4) in force at 31.3.2023 for N.I. by S.I. 2023/387, reg. 3(c)