Sexual Offences Act 2003, section 103C

SHPOs: effect

Part 2 Notification and orders

[F295 (1)A sexual harm prevention order may—

(a)prohibit the defendant from doing anything described in the order;

(b)require the defendant to do anything described in the order.F295]

(2)Subject to section 103D(1), a prohibition [F296 or requirementF296] contained in a sexual harm prevention order has effect—

(a)for a fixed period, specified in the order, of at least 5 years, or

(b)until further order.

(3)A sexual harm prevention order—

(a)may specify that some of its prohibitions [F297 or requirementsF297] have effect until further order and some for a fixed period;

(b)may specify different periods for different prohibitions [F297 or requirementsF297] .

(4)The only prohibitions [F298 or requirementsF298] that may be included in a sexual harm prevention order are those necessary for the purpose of—

(a)protecting the public or any particular members of the public from sexual harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

[F299 (4A)The prohibitions or requirements which are imposed on the defendant by a sexual harm prevention order must, so far as practicable, be such as to avoid—

(a)any conflict with the defendant’s religious beliefs,

(b)any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and

(c)any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (6)).F299]

(5) In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).

(6)Where a court makes a sexual harm prevention order in relation to a person who is already subject to such an order (whether made by that court or another), [F300 or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction),F300] the earlier order ceases to have effect.

Definitions used in section 103C 3

sexual harm prevention order

“sexual harm prevention order” has the meaning given by section 103A(1);

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

“specified”, in relation to an offender supervision requirement, means specified in the requirement.

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

Cases considering section 103C 4

Gould & Ors v R.

[2021] EWCA Crim 447 · 30 March 2021

A later sexual harm prevention order automatically caused Brown’s earlier order to cease to have effect. His later conduct could not therefore amount to a breach of the earlier order, and the conviction and concurrent sentence for that allegation were quashed. (see paras [40]; [132]-[133])

Howarth, R. v

[2021] EWCA Crim 445 · 17 March 2021

The court treated the five-year notification period as the minimum duration of the order, while considering whether the circumstances required a longer fixed period. It selected seven years. (see paras [18]-[20])

McLellan, R. v

[2017] EWCA Crim 1464 · 6 October 2017

The court recognised the statutory five-year minimum period for a SHPO and substituted that minimum fixed term for the indefinite order (see paras [12]; [33]).

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

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F295S. 103C(1) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(a), 208(1); S.I. 2022/1227, reg. 3(h)
  2. F296Words in s. 103C(2) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(b), 208(1); S.I. 2022/1227, reg. 3(h)
  3. F297Words in s. 103C(3) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(c), 208(1); S.I. 2022/1227, reg. 3(h)
  4. F298Words in s. 103C(4) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(d), 208(1); S.I. 2022/1227, reg. 3(h)
  5. F299S. 103C(4A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(9)(e), 208(1); S.I. 2022/1227, reg. 3(h)
  6. F300Words in s. 103C(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 208 (with Sch. 27); S.I. 2020/1236, reg. 2