Sexual Offences Act 2003, section 103I

Offence: breach of SHPO or interim SHPO etc

Part 2 Notification and orders

[F317 (A1)A person who, without reasonable excuse—

(a)does anything that the person is prohibited from doing by a sexual harm prevention order or an interim sexual harm prevention order, or

(b)fails to do something that the person is required to do by a sexual harm prevention order or an interim sexual harm prevention order,

commits an offence.F317]

(1)A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

F318(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F319(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a sexual offences prevention order,

(d)an interim sexual offences prevention order, or

(e)a foreign travel order,

commits an offence.

[F320 (1A)A person who, without reasonable excuse, fails to do something that the person is required to do by a sexual offences prevention order or an interim sexual offences prevention order commits an offence.

(1B)A person who, without reasonable excuse—

(a)does anything that the person is prohibited from doing by a relevant Scottish order, or

(b)fails to do something that the person is required to do by a relevant Scottish order,

commits an offence.

(1C) In subsection (1B) “relevant Scottish order” means—

(a)a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or

(b)an interim sexual harm prevention order made under section 21 of that Act.F320]

F321(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(4)Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

Definitions used in section 103I 6

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
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
sexual offences prevention order

(1) In this Part, “sexual offences prevention order” means an order under section 104 or 105.

Defined in s.106(1) · see it in the full Act

“sexual offences prevention order” has the meaning given by section 106(1);

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

“interim sexual offences prevention order” has the meaning given by section 109(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
order for conditional discharge

“order for conditional discharge” means an order under any of the following provisions discharging the offender conditionally—

(a)

section 80 of the Sentencing Code;

(b)

Article 4 of the Criminal Justice (Northern Ireland) Order 1996;

(c)

section 185 of the Armed Forces Act 2006;

(d)

paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;

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

Cases considering section 103I 5

R v Nafees Ahmad

[2025] EWCA Crim 87 · 16 January 2025Disapplies

The court held that charging breaches under this provision was a technical error because the order had been made under the Sentencing Code. The error did not invalidate the convictions because the appellant was not misled or prejudiced (see para [2]).

R v Gareth James Hill

[2024] EWCA Crim 1009 · 24 July 2024Interprets

The court identified section 103I(1) as the correct offence provision for breach of a SOPO committed after 8 March 2020, rather than section 113(1)(a). (see paras [9]–[10])

R v Martin Higgins

[2024] EWCA Crim 362 · 22 March 2024

The court held that, from 8 March 2020, breaches of an existing SOPO had to be charged under this provision; the charges under the <span class="legis">Sentencing Act 2020</span> were therefore technically wrong. (see paras [5]-[6]; [13])

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

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F317S. 103I(A1) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(13)(a), 208(1); S.I. 2022/1227, reg. 3(h)
  2. F318S. 103I(1)(a) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(13)(b), 208(1); S.I. 2022/1227, reg. 3(h)
  3. F319S. 103I(1)(b) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(13)(b), 208(1); S.I. 2022/1227, reg. 3(h)
  4. F320S. 103I(1A)-(1C) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(2), 208(1); S.I. 2023/387, reg. 3(c)
  5. F321S. 103I(2) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(13)(c), 208(1); S.I. 2022/1227, reg. 3(h)