Sexual Offences Act 2003

[F1136ZCVariation [F2, renewal or discharge] of sexual harm prevention order by court in Northern IrelandU.K.

This section has no associated Explanatory Notes

(1)This section applies where a sexual harm prevention order has been made in respect of a person who now—

(a)is residing in Northern Ireland, or

(b)is in or is intending to come to Northern Ireland.

(2)An application may be made to the appropriate court in Northern Ireland—

(a)by the defendant, or

(b)by the Chief Constable,

for an order varying [F3, renewing or discharging] the sexual harm prevention order.

(3)An application under subsection (2) may be made—

(a)where the appropriate court is the Crown Court, in accordance with rules of court;

(b)in any other case, by complaint.

(4)Subject to [F4subsections (4A) to (6B)], on the application the court, after hearing the person making the application and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order varying [F5, renewing or discharging] the sexual harm prevention order that the court considers appropriate.

[F6(4A)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in Northern Ireland, and

(b)whether—

(i)in the case of a sexual harm prevention order made by a court in England and Wales, the defendant is likely to return to, or to visit, England and Wales, or

(ii)in the case of a sexual harm prevention order made by a court in Scotland, the defendant is likely to return to, or to visit, Scotland.]

(5)An order may be [F7renewed, or] varied so as to impose additional prohibitions [F8or requirements] on the defendant [F9, only] if it is necessary to do so for the purpose of—

(a)protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(6)An order as [F10renewed or] varied under this section may contain only such prohibitions [F11and requirements] as are necessary for the purpose of—

(a)protecting the public or any particular members of the public from sexual harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

[F12(6A)The court must not discharge a sexual harm prevention order made by a court in England and Wales before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable.

(6B)The court must not discharge a sexual harm prevention order made by a court in Scotland, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of—

(a)protecting the public, or any particular members of the public, from sexual harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.]

(7)The defendant may appeal against the making of an order under this section, or the refusal to make such an order—

(a)where the application for such an order was made to the Crown Court, to the Court of Appeal in Northern Ireland;

(b)in any other case, to a county court in Northern Ireland.

(8)On an appeal under subsection (7)(b), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(9)In this section—

  • “the appropriate court” means—

    (a)

    [F13where the sexual harm prevention order was made—

    (i)

    in England and Wales, by the Crown Court, otherwise than on appeal from a magistrates’ court, or by the Court of Appeal, or

    (ii)

    in Scotland, by the High Court of Justiciary otherwise than on appeal,

    the Crown Court (in Northern Ireland);

    (b)

    where the defendant is aged 18 or over and the sexual harm prevention order was made—

    (i)

    in England and Wales, by a magistrates’ court or by the Crown Court on appeal from a magistrates’ court, or

    (ii)

    in Scotland, by the High Court of Justiciary on appeal, by the Court of Session, by the Sheriff Appeal Court or by a sheriff,

    any court of summary jurisdiction in Northern Ireland;]

    (c)

    where—

    (i)

    the defendant is aged under 18, and

    (ii)

    paragraph (a) does not apply,

    any youth court in Northern Ireland;

  • “the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

  • [F14“the defendant”, in relation to a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), means the person against whom the order has effect;]

  • “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).

  • [F14“sexual harm prevention order” includes a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]]

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