Sexual Offences Act 2003

110 SOPOs and interim SOPOs: appeals U.K.

(1) A defendant may appeal against the making of a sexual offences prevention order—

(a) where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;

(b) where section 104(3) (but not section 104(2)) applied to him, as if he had been convicted of the offence and the order were a sentence passed on him for that offence;

(c) where the order was made on an application under section 104(5), to the Crown Court.

(2) A defendant may appeal to the Crown Court against the making of an interim sexual offences prevention order.

(3) A defendant may appeal against the making of an order under section 108, 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;

(b) in any other case, to the Crown Court.

(4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown 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.

(5) Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purpose of section 108(7) or 109(7) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).

110 SOPOs and interim SOPOs: appeals E+W+N.I.

(1) A defendant may appeal against the making of a sexual offences prevention order—

(a) where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;

(b) where section 104(3) (but not section 104(2)) applied to him, as if he had been convicted of the offence and the order were a sentence passed on him for that offence;

(c) where the order was made on an application under section 104(5), to the Crown Court.

(2) A defendant may appeal to the Crown Court against the making of an interim sexual offences prevention order.

(3) A defendant may appeal against the making of an order under section 108, 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;

(b) in any other case, to the Crown Court.

(4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown 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.

(5) Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purpose of section 108(7) or 109(7) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).