Part 2

Notification and orders

Sexual harm prevention orders (England and Wales)

Section 103A: supplemental
103B
1
In section 103A—
- “
appropriate date
”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which the offender was convicted, found or cautioned as mentioned in subsection (2) or (3) below;
- “
child
” means a person under 18;
- “
the public
” means the public in the United Kingdom;
- “sexual harm” from a person means physical or psychological harm caused—
  1. by the person committing one or more offences listed in Schedule 3, or
  2. (in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;
- “
qualifying offender
” means a person within subsection (2) or (3) below;
- “
vulnerable adult
” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.
2
A person is within this subsection if, whether before or after the commencement of this Part, the person—
a
has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,
b
has been found not guilty of such an offence by reason of insanity,
c
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
d
has been cautioned in respect of such an offence.
3
A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
a
the person has been convicted of a relevant offence (whether or not the person has been punished for it),
b
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person is not guilty by reason of insanity,
c
such a court has made in respect of a relevant offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence, or
d
the person has been cautioned in respect of a relevant offence.
4
In subsection (3), “
relevant offence
” means an act which—
a
constituted an offence under the law in force in the country concerned, and
b
would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.
For this purpose an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law, however it is described in that law.
5
For the purposes of section 103A, acts, behaviour, convictions and findings include those occurring before the commencement of this Part.
6
Subject to subsection (7), on an application under section 103A(4) the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
a
stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,
b
showing the grounds for that opinion, and
c
requiring the applicant to prove that the condition is met.
7
The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).
8
Subsection (9) applies for the purposes of section 103A and this section.
9
In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—
a
to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or
b
to the age of any person,
is to be disregarded.
Ss. 103A-103K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 2 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)
Pt. 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
Pt. 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)
Pt. 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)
Pt. 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)