Risk of sexual harm orders

7Offence: breach of RSHO or interim RSHO

1

A person, who without reasonable excuse, does anything which the person is prohibited from doing 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 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.