(1)A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual offences 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, his police area;
(d)where the order was made on an application under section 104(5), the chief officer of police who made the application.
(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 (6), 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 offences prevention order, that the court considers appropriate.
(5)An order may be renewed, or varied so as to impose additional prohibitions [F332 or requirementsF332] on the defendant, only if it is necessary to do so for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant (and any renewed or varied order may contain only such prohibitions [F332 or requirementsF332] as are necessary for this purpose).
(6)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.
(7) In this section “the appropriate court” means—
(a)where the Crown Court or the Court of Appeal made the sexual offences prevention order, the Crown Court;
(b)where a magistrates' court made the order, that court, a magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer’s police area;
(c)where a youth court made the order, 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 whose commission area includes any part of the chief officer’s police area.
(8)This section applies to orders under—
(a)section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders),
(b)section F333... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in F333... Scotland), and
(c)Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland),
as it applies to sexual offences prevention orders.F325]
221.Section 108 enables either the offender subject to the order or the various chief officers of police listed in subsection (2) to apply for an order to be varied, renewed or discharged.
222.The defendant might, for example, seek to vary an order if he finds the prohibitions are operating on him unduly harshly. He might apply for a discharge if he intended to emigrate. A chief officer of police who believes the defendant is moving to his area might apply for a variation if, for example, the order was made when the defendant was living in another part of the country and only restricted the defendant’s behaviour in that original area.
223.It may also be necessary to seek a renewal of an order at the time an existing order expires, where there is evidence that the defendant still requires the measures of restraint imposed in the original order.
224.Subsection (8) provides that the procedure in this section will apply where variations, renewals and discharges are sought in respect of restraining orders and sex offender orders made prior to the commencement of this Part of the Act.