(1)A sexual offences prevention order—
(a)prohibits the defendant from doing anything described in the order [F1or requires the defendant to do anything described in the order (or both)], and
(b)has effect for a fixed period (not less than 5 years) specified in the order or until further order.
(2)The only prohibitions [F2or requirements] that may be included in the order are those necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
(3)Where—
(a)an order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and
(b)the defendant would (apart from this subsection [F3and sections 88F and 88G]) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
[F4(3A)Where—
(a)a sexual offences prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A); and
(b)by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,
the sexual offences prevention order ceases to have effect.
(3B)Subsection (3A) applies to the orders mentioned in section 108(8)(b) and (c) as it applies to sexual offences prevention orders.]
(4)Where an order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—
(a)the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and
(b)this Part applies to the defendant, subject to the modification set out in subsection (5).
(5)The “relevant date” is the date of service of the order.
(6)Where a court makes a sexual offences prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
(7)Section 106(3) applies for the purposes of this section and section 108.
Textual Amendments
F1Words in s. 107(1)(a) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(2)(a), 15(2)(c); S.R. 2014/179, art. 2(c)
F2Words in s. 107(2) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(2)(b), 15(2)(c); S.R. 2014/179, art. 2(c)
F3Words in s. 107(3)(b) inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(1)(a)
F4S. 107(3A) inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(1)(b)