Sexual Offences Act 2003, section 103E

SHPOs: variations, renewals and discharges

Part 2 Notification and orders

(1)A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order.

(2)The persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant resides;

(c)a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;

(d)where the order was made on an application by a chief officer of police under section 103A(4), that officer.

[F302 (2A)If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) to (d) must have regard to the list in considering—

(a)whether to apply for an order varying or renewing a sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and

(b)in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.F302]

(3)An application under subsection (1) may be made—

(a)where the appropriate court is the Crown Court, in accordance with rules of court;

(b)in any other case, by complaint.

(4)Subject to subsections (5) and (7), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual harm prevention order, that the court considers appropriate.

(5)An order may be renewed, or varied so as to impose additional prohibitions [F303 or requirementsF303] on the defendant, only if it is necessary to do so 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.

Any renewed or varied order may contain only such prohibitions [F304 and requirementsF304] as are necessary for this purpose.

[F305 (5A)Any additional prohibitions or requirements that are imposed on the defendant 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.F305]

[F306 (5B)If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—

(a)whether any order varying or renewing the sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and

(b)in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.F306]

(6) In [F307 subsections (2A), (5) and (5B) F307] “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).

(7)The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—

(a)where the application is made by a chief officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in which the defendant resides.

(8)Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions [F308 or requirementsF308] .

(9) In this section “the appropriate court” means—

(a)where the Crown Court or the Court of Appeal made the sexual harm prevention order, the Crown Court;

(b)where an adult magistrates' court made the order, that court, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;

(c)where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;

(d)where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.

In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.

Definitions used in section 103E 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
prohibition on foreign travel

“prohibition on foreign travel” has the meaning given by section 103D(2) or 122C(2);

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 103E 4

R v Michael Jordan

[2025] EWCA Crim 1509 · 4 November 2025Interprets

Interprets the statutory variation procedure by identifying who may apply for variation of an SHPO. Without an application by a specified person, the sentencing judge cannot treat a newly imposed order as a variation of an earlier order (see para [10]).

Rowlett, R v

[2020] EWCA Crim 1748 · 18 December 2020Limits

The court confirmed that this provision authorised variation, renewal or discharge of a SHPO only. It did not confer power to convert an existing SOPO into a SHPO. (see paras [10]; [23]; [43]) The court accepted the analogous distinction that requirements concerning the form of an application and procedural compliance are not intended to invalidate proceedings. The provision did not govern the existing SOPO, but informed the treatment of the defective application. (see para [38]) The court contrasted this SHPO variation threshold, based on sexual harm, with the higher serious-sexual-harm threshold governing variation of the existing SOPO. It held that section 103E(5) was not the applicable test. (see paras [10]; [22]-[24])

Ashford, R. v

[2020] EWCA Crim 673 · 21 May 2020Limits

The court construed the variation regime as prescriptive. A court has jurisdiction to vary, renew or discharge an SHPO only where the application is made by an authorised person to the court prescribed by the section (see paras [15]; [18]; [20]). The court held that the prescribed court is an essential jurisdictional requirement. A Crown Court judge could not vary an SHPO made by a magistrates’ court while sitting in the Crown Court (see paras [18]; [20]; [37]). Cited only. The court held that the restriction on who may apply is jurisdictional. An application by an unauthorised prosecutor or police officer could not support variation of an SHPO (see paras [15]; [18]; [44]-[47]). The court treated defects in the form of a valid application and strict compliance with procedural rules as procedural defects rather than jurisdictional failures. Their effect is assessed under the procedural-failure approach (see para [19]). The court treated this subsection as preventing early discharge of the existing SHPO in the circumstances of King’s case. The District Judge’s purported discharge was therefore unlawful (see para [49]). Cited only.

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

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F302S. 103E(2A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(5)(a), 208(1); S.I. 2022/1227, reg. 3(f)
  2. F303Words in s. 103E(5) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(11)(a)(i), 208(1); S.I. 2022/1227, reg. 3(h)
  3. F304Words in s. 103E(5) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(11)(a)(ii), 208(1); S.I. 2022/1227, reg. 3(h)
  4. F305S. 103E(5A) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(11)(b), 208(1); S.I. 2022/1227, reg. 3(h)
  5. F306S. 103E(5B) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(5)(b), 208(1); S.I. 2022/1227, reg. 3(f)
  6. F307Words in s. 103E(6) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 173(5)(c), 208(1); S.I. 2022/1227, reg. 3(f)
  7. F308Words in s. 103E(8) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(11)(c), 208(1); S.I. 2022/1227, reg. 3(h)