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Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
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Changes over time for: Section 7
Version Superseded: 31/03/2023
Alternative versions:
- 07/10/2005- Amendment
- 01/11/2011- Amendment
- 08/03/2015- Amendment
- 08/03/2015
Point in time - 31/03/2023- Amendment
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7Offence: breach of RSHO or interim RSHO [F1etc]S
This section has no associated Explanatory Notes
(1)A person, who without reasonable excuse, does anything which the person is prohibited from doing[F2, or fails to do anything which the person is required to do,] by—
(a)a risk of sexual harm order; or
(b)an interim risk of sexual harm order,
commits an offence.
(2)Where an order made under [F3section 122A or 122E or] section 123 or 126 of the 2003 Act (which make provision for England and Wales and Northern Ireland corresponding to that made by sections 2 and 5 above) prohibits a person from doing a thing throughout the relevant place, the person commits an offence if the person, without reasonable excuse, does the thing in Scotland.
(3)For the purpose of subsection (2) above, the “relevant place” is—
(a)where the order was made in England and Wales, England and Wales;
(b)where the order was made in Northern Ireland, Northern Ireland.
(4)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 or a fine or both.
Textual Amendments
F1Word in heading in s. 7 inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 78(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
F2Words in s. 7(1) inserted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 103(5), 206(1); S.S.I. 2011/354, art. 2, Sch.
F3Words in s. 7(2) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 78(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
Commencement Information
I1S. 7 in force at 7.10.2005 by S.S.I. 2005/480, art. 2
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