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
C2Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
C3Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
C4Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
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F1Ss. 123-129 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 5(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373,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)
(1)[F3The Chief Constable of the Police Service of Northern Ireland] may by complaint to [F4a 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 [F5Northern Ireland] or who [F6the Chief Constable] believes is in, or is intending to come to, [F5Northern Ireland] if it appears to [F6the 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.
F7(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.]
Textual Amendments
F3Words in s. 123(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(2)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
F4Words in s. 123(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(2)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
F5Words in s. 123(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(2)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
F6Words in s. 123(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(2)(d) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
F7S. 123(2) repealed (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 70(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)