Sexual Offences Act 2003

128Offence: breach of RSHO or interim RSHOE+W+N.I.

This section has no associated Explanatory Notes

(1)A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—

(a)a risk of sexual harm order; or

(b)an interim risk of sexual harm order.

[F1(1A)In subsection (1) and, accordingly, in section 129(5) the references to a risk of sexual harm order and to an interim risk of sexual harm order include references, respectively—

(a)to an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (RSHOs in Scotland); and

(b)to an order under section 5 of that Act (interim RSHOs in Scotland);

and, for the purposes of this section, prohibitions imposed by an order made in one part of the United Kingdom apply (unless expressly confined to particular localities) throughout that and every other part of the United Kingdom.]

(2)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.

(3)Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge.

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