R v Stephen Russell

The power to make a sexual harm prevention order under section 103A of the Sexual Offences Act 2003 arose only where the court dealt with the offender for an offence listed in Schedule 3 or 5. Convictions for offences outside those schedules did not confer jurisdiction to make a fresh order. A fresh order made without jurisdiction must be quashed. That does not discharge an earlier order, which remains binding until it expires.

After pleading guilty before Surrey Magistrates’ Court on 13 November 2019, the appellant was committed to the Crown Court for sentence. On 4 December 2019, the Crown Court at Guildford sentenced him to 28 months’ imprisonment for breaches of a sexual harm prevention order, failure to comply with notification requirements under the Sexual Offences Act 2003, and publishing obscene material under the Obscene Publications Act 1959. The judge also made a fresh sexual harm prevention order.

With leave and an extension of time, the appellant appealed against sentence, arguing that the Crown Court had no jurisdiction to make the fresh order. The central issue was whether section 103A applied when none of the offences before the Crown Court was listed in Schedule 3 or 5.

The appeal against sentence was allowed to the extent that the fresh sexual harm prevention order was quashed.

1. Statutory condition. At the relevant time, section 103A of the Sexual Offences Act 2003 permitted an order only where the court dealt with the offender in respect of an offence listed in Schedule 3 or 5.
2. Application. The offences for which the appellant was sentenced were two breaches of a sexual harm prevention order, failure to comply with notification requirements, and publishing obscene material. The Crown Court was not dealing with him in respect of any offence listed in either schedule. It therefore had no jurisdiction to make a further order.
3. Consequence. The fresh order made on 4 December 2019 was quashed. The earlier order had not been discharged and remained in force and binding until its expiry in December 2027.

• Court of Appeal (Criminal Division): Allowed the appeal against sentence and quashed the fresh sexual harm prevention order: [2025] EWCA Crim 1326.
• Crown Court at Guildford: On 4 December 2019, HHJ Rufus Taylor sentenced the appellant to 28 months’ imprisonment and made a fresh sexual harm prevention order.
• Surrey Magistrates’ Court: The appellant pleaded guilty on 13 November 2019 and was committed to the Crown Court for sentence.