Sexual Offences Act 2003, section 107

SOPOs: effect

Part 2 Notification and orders

(1)A sexual offences prevention order—

(a)prohibits the defendant from doing anything described in the order [F328 or requires the defendant to do anything described in the order (or both)F328] , and

(b)has effect for a fixed period (not less than 5 years) specified in the order or until further order.

(2)The only prohibitions [F329 or requirementsF329] that may be included in the order are those necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.

(3)Where—

(a)an 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 [F330 and sections 88F and 88GF330] ) 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.

[F331 (3A)Where—

(a)a sexual offences 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 offences prevention order ceases to have effect.

(3B)Subsection (3A) applies to the orders mentioned in section 108(8)(b) and (c) as it applies to sexual offences prevention orders.F331]

(4)Where an 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 (5).

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

(6)Where a court makes a sexual offences prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

(7)Section 106(3) applies for the purposes of this section and section 108.F325]

Definitions used in section 107 4

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
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
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
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 107 15

Richards, R (On the Application Of) v Teesside Magistrates' Court & Anor (Rev 1)

[2015] EWCA Civ 7 · 16 January 2015Interprets

Confirms the statutory provision governing the effect of a Sexual Offences Prevention Order. The court’s principal construction concerned the prohibitory effect of subsection (1) and the necessity limit in subsection (2) (see paras [17], [27]-[35]). Interprets the effect of a Sexual Offences Prevention Order as prohibitory. The requirement to wear a tag, considered in substance and context, was a prohibition on the manner in which the subject could conduct himself away from home (see paras [17], [32]-[35]). Applies the wording that a Sexual Offences Prevention Order prohibits the defendant from doing anything described in the order. The court treated the tagging provision as falling within that prohibitory scheme (see paras [17], [33]-[35]). The judgment quoted the provision concerning the duration of a Sexual Offences Prevention Order but did not separately construe or apply it to the tagging issue (see para [17]). Applies the requirement that prohibitions be necessary to protect the public or particular members of the public from serious sexual harm. That limit governed the legality of the tagging, anti-tampering and inspection provisions (see paras [17], [29]-[30]).

Aldridge v R. (Rev 3)

[2012] EWCA Crim 1456 · 4 July 2012

The court applied the statutory minimum term of five years and held that the three-year SOPO was unlawful. (see para [29])

Buchanan, R. v

[2010] EWCA Crim 1316 · 18 May 2010

Section 107(2) was applied to require that each prohibition be necessary to protect the public from serious sexual harm. The lack of evidence supporting internet and photograph restrictions made those terms unjustified, and four narrower restrictions were substituted. (see paras [14]; [15]; [16])

What each judgment says about section 107 is in the case-law panel in the full Act.

Explanatory note

216.Subsection (1) of section 107 explains what an order does and for how long it lasts. An order may prohibit the offender from doing anything specified in it. Subsection (2) provides that the prohibitions contained within an order must be necessary “for the purpose protecting the public or any particular members of the public from serious sexual harm from the defendant”. This phrase is defined in section 106(3). Prohibitions could include, for example, preventing an offender from contacting his victims or from taking part in sporting activities that involve close contact with children or from living in a household with girls under 16.

217.The order must last for a minimum period of five years (subsection 1(b)). The period must be specified in the order but it may be an indefinite period and the period specified will not prevent a further order being made. However, subsection (6) operates to ensure an offender cannot be subject to more than one sexual offences prevention order at any one time.

218.Subsection (3) provides that where an order is made against an offender who is already subject to the notification requirements, but the notification period applicable to him would end during the currency of the order, he is to remain subject to the notification requirements for the duration of the order. If the notification period attaching to a relevant conviction, finding or caution lasts for longer than the order, the offender will remain subject to the notification requirements for that longer period.

219.Subsection (4) provides that where the offender is not subject to the notification requirements at the time an order is made, he will become subject to the notification requirements for the duration of the order.

220.The effect of subsection (5) is that the notification period runs from the date of service of the order (not from the date of the relevant conviction, caution or finding). This means, for example, that the defendant will have to comply with the initial notification requirement (at section 83(1)) within 3 days of the service of the order.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F325Ss. 104-109 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(a), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
  2. F328Words in s. 107(1)(a) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(2)(a), 15(2)(c); S.R. 2014/179, art. 2(c)
  3. F329Words in s. 107(2) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(2)(b), 15(2)(c); S.R. 2014/179, art. 2(c)
  4. F330Words in s. 107(3)(b) inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(1)(a)
  5. F331S. 107(3A) inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 4(1)(b)