Sexual Offences Act 2003

[F1 103C SHPOs: effect E+W

[F2 (1) A sexual harm prevention order may—

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

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

(2) Subject to section 103D(1), a prohibition [F3 or requirement] contained in a sexual harm prevention order has effect—

(a) for a fixed period, specified in the order, of at least 5 years, or

(b) until further order.

(3) A sexual harm prevention order—

(a) may specify that some of its prohibitions [F4 or requirements] have effect until further order and some for a fixed period;

(b) may specify different periods for different prohibitions [F4 or requirements].

(4) The only prohibitions [F5 or requirements] that may be included in a sexual harm prevention order are those necessary for the purpose of—

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

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

[F6 (4A) The prohibitions or requirements which are imposed on the defendant by a sexual harm prevention order must, so far as practicable, be such as to avoid—

(a) any conflict with the defendant’s religious beliefs,

(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and

(c) any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (6)).]

(5) In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).

(6) Where a court makes a sexual harm prevention order in relation to a person who is already subject to such an order (whether made by that court or another), [F7 or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction),] the earlier order ceases to have effect.]

Textual Amendments

F1 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)

F2 S. 103C(1) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(a), 208(1); S.I. 2022/1227, reg. 3(h)

F3 Words in s. 103C(2) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(b), 208(1); S.I. 2022/1227, reg. 3(h)

F4 Words in s. 103C(3) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(c), 208(1); S.I. 2022/1227, reg. 3(h)

F5 Words in s. 103C(4) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(d), 208(1); S.I. 2022/1227, reg. 3(h)

F6 S. 103C(4A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(e), 208(1); S.I. 2022/1227, reg. 3(h)

F7 Words in s. 103C(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 208 (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 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