Sexual Offences Act 2003

111 Appeals in relation to SOPOs and interim SOPOs: Scotland U.K.

In Scotland—

(a) an interlocutor granting, F1 . . . a sexual offences prevention order [F2 on an application under section 104(5) or 105(1)] or interim sexual offences prevention order [F3 or refusing, varying, renewing or discharging either such order] is an appealable interlocutor; F4 . . .

(b) where an appeal is taken against an interlocutor so granting, varying or renewing such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.

[F5 (c) a sexual offences prevention order made in any other case and any order granting or refusing a variation, renewal or discharge of such a sexual offences prevention order are, for the purposes of appeal, to be regarded—

(i) in the case of solemn proceedings, as if they were orders of the kind referred to in section 106(1)(d) of the Criminal Procedure (Scotland) Act 1995 (c. 46)(appeal against probation and community service orders);

(ii) in the case of summary proceedings, as if they were orders of the kind referred to in section 175(2)(c) of that Act (appeal against probation, community service and other orders); and

(d) where an appeal is taken by virtue of paragraph (c) above, the High Court of Justiciary may, in the appeal proceedings, suspend the order appealed against pending the disposal of the appeal.]

Textual Amendments

F1 Words in s. 111(a) repealed (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(2)(a)(i); S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F2 Words in s. 111(a) inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(2)(a)(ii), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F3 Words in s. 111(a) inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(2)(a)(iii), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F4 Word in s. 111 repealed (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(2)(b), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))

F5 S. 111(c)(d) added (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 17(2)(c), 20; S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 17 was extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(a))