Police, Crime, Sentencing and Courts Act 2022

Amendments of the Sentencing Code

3 (1) Section 351 of the Sentencing Code (variation of sexual harm prevention order by court in Northern Ireland) is amended as follows.

(2) In the heading, after “Variation” insert “, renewal or discharge”.

(3) In subsection (2), in the words after paragraph (b), after “varying” insert “, renewing or discharging”.

(4) In subsection (5), in the words after paragraph (b)—

(a) after “varying” insert “, renewing or discharging”, and

(b) for “subsections (6) and (7)” substitute “subsections (5A) to (7A)”.

(5) After subsection (5) insert—

“(5A) In determining the application the court must have regard to—

(a) the time for which the defendant is likely to remain in Northern Ireland, and

(b) whether the defendant is likely to return to, or to visit, England and Wales.”

(6) In subsection (6), in the words before paragraph (a)—

(a) after “An order may be” insert “renewed, or”, and

(b) for “only” substitute “, only”.

(7) In subsection (7), in the words before paragraph (a), after “An order as” insert “renewed or”.

(8) After subsection (7) insert—

“(7A) The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland.”