Sexual Offences Act 2003, section 103G

SHPOs and interim SHPOs: notification requirements

Part 2 Notification and orders

(1)Where—

(a)a sexual harm prevention order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and

(b)the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(2)Where a sexual harm prevention order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—

(a)the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and

(b)this Part applies to the defendant, subject to the modification set out in subsection (3).

(3) The “relevant date” is the date of service of the order.

(4) Subsections (1) to (3) apply to an interim sexual harm prevention order as if references to a sexual harm prevention order were references to an interim sexual harm prevention order, and with the omission of “(as renewed from time to time)” in both places.

(5)Where—

(a)a sexual harm prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A), and

(b)by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,

the sexual harm prevention order ceases to have effect.

F314(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 103G 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
relevant offender

(2) A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”.

Defined in s.80(2) · see it in the full Act

“relevant offender” has the meaning given by section 80(2);

Defined in s.133(1) · see it in the full Act
interim sexual harm prevention order

“interim sexual harm prevention order” has the meaning given by section 103F(2);

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

Cases considering section 103G 5

Howarth, R. v

[2021] EWCA Crim 445 · 17 March 2021

The court recognised that an indefinite sexual harm prevention order produces indefinite notification requirements and therefore has practical consequences for the defendant. (see para [15]) The court applied section 103G(2)(a) so that the seven-year sexual harm prevention order also determined the duration of the notification requirements. (see para [20])

McLellan, R. v

[2017] EWCA Crim 1464 · 6 October 2017

The court applied the automatic effect that a person remains subject to notification requirements while a SHPO has effect. It emphasised that an indefinite SHPO produces indefinite notification requirements and that inadvertent extension must be avoided (see paras [3]; [25](iv); [33]).

TBG v A Chief Constable of Police

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

Extends the notification requirements to persons made subject to a sexual harm protection order. The court treated this as a significant protective consequence supporting the order’s necessity (see paras [3], [41]).

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

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F314S. 103G(6) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)
  2. F315S. 103G(7) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)