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Sexual Offences Act 2003

Changes over time for: Section 123

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[F1123Risk of sexual harm orders: applications, grounds and effectN.I.

This section has no associated Explanatory Notes

(1)[F2The Chief Constable of the Police Service of Northern Ireland] may by complaint to [F3a court of summary jurisdiction] apply for an order under this section (a “risk of sexual harm order”) in respect of a person aged 18 or over (“the defendant”) who resides in [F4Northern Ireland] or who [F5the Chief Constable] believes is in, or is intending to come to, [F4Northern Ireland] if it appears to [F5the Chief Constable] that—

(a)the defendant has on at least two occasions, whether before or after the commencement of this Part, done an act within subsection (3), and

(b)as a result of those acts, there is reasonable cause to believe that it is necessary for such an order to be made.

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The acts are—

(a)engaging in sexual activity involving a child or in the presence of a child;

(b)causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual;

(c)giving a child anything that relates to sexual activity or contains a reference to such activity;

(d)communicating with a child, where any part of the communication is sexual.

(4)On the application, the court may make a risk of sexual harm order if it is satisfied that—

(a)the defendant has on at least two occasions, whether before or after the commencement of this section, done an act within subsection (3); and

(b)it is necessary to make such an order, for the purpose of protecting children generally or any child from harm from the defendant.

(5)Such an order—

(a)prohibits the defendant from doing anything described in the order;

(b)has effect for a fixed period (not less than 2 years) specified in the order or until further order.

(6)The only prohibitions that may be imposed are those necessary for the purpose of protecting children generally or any child from harm from the defendant.

(7)Where a court makes a risk of sexual harm order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.]

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