Sexual Offences Act 2003, section 103B

Section 103A: supplemental

Part 2 Notification and orders

(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—

    (a)

    by the person committing one or more offences listed in Schedule 3, or

    (b)

    (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.

Definitions used in section 103B 4

cautioned

“cautioned” means—

(a)

cautioned (or, in Northern Ireland, cautioned by a police officer) after the person concerned has admitted the offence, ...

(b)

...

and “caution” is to be interpreted accordingly;

Defined in s.133(1) · see it in the full Act
country

“country” includes territory;

Defined in s.133(1) · see it in the full Act
court

(2) In sections 92 and 103A(1) of this Act, and section 345 of the Sentencing Code, “court” includes a service court.

Defined in s.137(2) · see it in the full Act
finding

and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.

Defined in s.88(4) · see it in the full Act

Cases considering section 103B 4

AB, R v

[2019] EWCA Crim 2480 · 28 November 2019Defines

The court used the statutory definition to distinguish sexual harm from harm generally. That distinction was central to the failure to establish the statutory basis for the order (see paras [30]; [36]-[40]). The court applied the definition of sexual harm as physical or psychological harm caused by the commission of a Schedule 3 offence. The evidence did not permit the court to find the necessary risk of such harm (see paras [39]-[40]).

Parsons, R. v

[2017] EWCA Crim 2163 · 20 December 2017Defines

The court applied the definition of child as a person under 18. It confirmed that a contact prohibition may therefore extend to children under 18, although the facts may sometimes justify an under-16 limit (see paras [4]; [11]–[13]; [74]).

TBG v A Chief Constable of Police

[2022] EWHC 2665 (Admin) · 21 October 2022

Identifies persons convicted of murder as qualifying offenders for the sexual harm protection order regime. The court applied that classification to the appellant.

What each judgment says about section 103B is in the case-law panel in the full Act.