SCHEDULES

SCHEDULE 11Minor and consequential amendments

PART 2Amendments relating to Part 9

Sexual Offences Act 2003 (c. 42)

I175

1

Section 129 (effect of conviction etc of an offence under section 128) is amended as follows.

2

In the heading, after “section 128” there is inserted “ etc ”.

3

In subsection (1A)(a), after “an offence under section” there is inserted “ 122H or ”.

4

For subsection (5) there is substituted—

5

In this section “relevant order” means—

a

where the conviction, finding or caution within subsection (1) is in respect of a breach of a risk of sexual harm order or a sexual risk order, that order;

b

where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim risk of sexual harm order or an interim sexual risk order, any risk of sexual harm order or sexual risk order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.

6

In subsection (5)—

  • “risk of sexual harm order” includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;

  • “interim risk of sexual harm order” includes an order under section 5 of that Act.