Part 2

Notification and orders
Risk of sexual harm orders
(Northern Ireland)

Section 123: interpretation
124
1
Subsections (2) to (7) apply for the purposes of section 123.
2
“
Protecting children generally or any child from harm from the defendant
” means protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).
3
“
Child
” means a person under 16.
4
“
Image
” means an image produced by any means, whether of a real or imaginary subject.
5
“
Sexual activity
” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.
6
A communication is sexual if—
a
any part of it relates to sexual activity, or
b
a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the communication is sexual.
7
An image is sexual if—
a
any part of it relates to sexual activity, or
b
a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the image is sexual.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 124(8) repealed (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(2), Sch. 7 para. 12(2), Sch. 8 Pt. 5
Words 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)
Ss. 123-129 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 5(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373,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)
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)