PART 10Management of offenders
CHAPTER 3Management of sex offenders
Sexual harm prevention orders and sexual risk orders
I2177Positive requirements: further amendments
I11
In section 351 of the Sentencing Code (variation of sexual harm prevention order by court in Northern Ireland)—
a
in subsection (6), in the words before paragraph (a), after “prohibitions” insert “or requirements”
, and
b
in subsection (7), in the words before paragraph (a), after “prohibitions” insert “and requirements”
.
I12
In section 113 of the Sexual Offences Act 2003 (offence: breach of SOPO or interim SOPO etc), for subsection (1ZA) substitute—
1ZA
A person commits an offence if, without reasonable excuse, the person—
a
contravenes a prohibition imposed by—
i
a sexual harm prevention order,
ii
an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
iii
an interim sexual harm prevention order,
other than a prohibition on foreign travel, or
b
fails to comply with a requirement imposed by—
i
a sexual harm prevention order,
ii
an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
iii
an interim sexual harm prevention order.
I13
In section 128 of the Sexual Offences Act 2003 (offence: breach of RSHO or interim RSHO etc)—
a
in subsection (1) omit paragraphs (c) and (d), and
b
after subsection (1) insert—
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.
I14
In section 136ZA(2) of the Sexual Offences Act 2003 (application of orders throughout the United Kingdom), after “prohibitions” insert “or requirements”
.
I15
In section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm prevention order by court in Northern Ireland)—
a
in subsection (5), in the words before paragraph (a), after “prohibitions” insert “or requirements”
, and
b
in subsection (6), in the words before paragraph (a), after “prohibitions” insert “and requirements”
.
I16
In section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order by court in Northern Ireland)—
a
in subsection (4), in the words before paragraph (a), after “prohibitions” insert “or requirements”
, and
b
in subsection (5), in the words before paragraph (a), after “prohibitions” insert “and requirements”
.
I37
In section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of orders equivalent to orders in Chapters 3 and 4: offence)—
a
after subsection (1) insert—
1A
A person commits an offence if, without reasonable excuse, the person fails to do something which the person is required to do by an equivalent order from elsewhere in the United Kingdom.
b
in each of subsections (2) and (3), after “subsection (1)” insert “or (1A)”
, and
c
in subsection (4), after “prohibitions” insert “or requirements”
.