Sexual Offences Act 2003

[F1125RSHOs: variations, renewals and dischargesN.I.

(1)A person within subsection (2) may by complaint to [F2the appropriate court] [F2 a court of summary jurisdiction ] apply for an order varying, renewing or discharging a risk of sexual harm order.

(2)The persons are—

(a)the defendant;

[F3(b)the Chief Constable of the Police Service of Northern Ireland.]

(3)Subject to subsections (4) and (5), on the application the court, after hearing the person making the application[F4, and the other person mentioned in subsection (2) (if that person wishes to be heard)], may make any order, varying, renewing or discharging the risk of sexual harm order, that the court considers appropriate.

(4)An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from harm from the defendant (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).

(5)The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and [F5the Chief Constable of the Police Service of Northern Ireland].

(6)Section 124(2) applies for the purposes of this section.

[F6(7)In this section “the appropriate court” means—

(a)the court which made the risk of sexual harm order;

[F7(b)a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides;

(c)where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.]]]