Modifications etc. (not altering text)
C1Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Textual Amendments
F1Ss. 123-129 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 5(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)
F2Words in s. 123 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 69 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
[F4(1)A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
(a)a risk of sexual harm order,
(b)an interim risk of sexual harm order,
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or
(f)an order under section 5 of that Act (interim risk of sexual harm orders in Scotland),
commits an offence.]
[F7(1A)A person who, without reasonable excuse—
(a)does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or
(b)fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,
commits an offence.]
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(3)Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge.]
Textual Amendments
F3Word in s. 128 heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 74(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
F4S. 128(1) substituted for s. 128(1)(1A) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 74(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
F5S. 128(1)(c) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(3)(a), 208(1); S.I. 2022/1227, reg. 3(j)
F6S. 128(1)(d) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(3)(a), 208(1); S.I. 2022/1227, reg. 3(j)
F7S. 128(1A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(3)(b), 208(1); S.I. 2022/1227, reg. 3(j)