Sexual Offences Act 2003, section 113

Offence: breach of SOPO or interim SOPO etc

Part 2 Notification and orders

(1)A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—

(a)a sexual offences prevention order;

(b)an interim sexual offences prevention order;

(c)an order under section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

(d)an order under section F350... 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made F350... in Scotland);

(e)an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland).

[F351 (1ZA)A person commits an offence if, without reasonable excuse, the person—

(a)contravenes a prohibition imposed by—

(i)a sexual harm prevention order,

(ii)an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or

(iii)an interim sexual harm prevention order,

other than a prohibition on foreign travel, or

(b)fails to comply with a requirement imposed by—

(i)a sexual harm prevention order,

(ii)an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or

(iii)an interim sexual harm prevention order.F351]

[F352 (1ZB)A person commits an offence if, without reasonable excuse, the person—

(a)contravenes a prohibition imposed by a relevant Scottish order other than a prohibition on foreign travel, or

(b)fails to comply with a requirement imposed by a relevant Scottish order.

(1ZC)In subsection (1ZB)—

  • “prohibition on foreign travel” has the meaning given by section 17(2) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) ;

  • “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, or

    (b)

    an interim sexual harm prevention order made under section 21 of that Act.F352]

[F353 (1A)A person commits an offence if, without reasonable excuse, he fails to do anything which he is required to do by a sexual offences prevention order or an interim sexual offences prevention order.F353]

(2)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 not exceeding the statutory maximum or both;

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

(3)Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge or, in Scotland, a [F354 community payback orderF354] .F349]

Definitions used in section 113 7

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
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
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
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 113 7

R v Gareth James Hill

[2024] EWCA Crim 1009 · 24 July 2024Limits

The court treated this as the provision used in the indictment for SOPO breaches before 8 March 2020, but held that it was the wrong charging provision for the post-transition offending; the defect was technical and non-prejudicial. (see paras [3], [9]–[10])

R v Nicholas Casey Codd

[2024] EWCA Crim 339 · 22 March 2024

The court held that, under the transitional regime, a breach of an existing SOPO before 8 March 2020 remained an offence under this provision. The 2019 charges should therefore have cited section 113. (see paras [4]; [8])

R v Martin Higgins

[2024] EWCA Crim 362 · 22 March 2024Limits

The court recorded that breach of a SOPO was formerly charged under this provision, then treated its repeal and the transitional position as explaining why it was not the correct charge in 2022. (see para [5])

What each judgment says about section 113 is in the case-law panel in the full Act.

Explanatory note

233.Failure, without reasonable excuse, to comply with any prohibition in a sexual offences prevention order or an interim sexual offences prevention order is a criminal offence. Breach of any restraining order or sex offender order will also be an offence under this section.

All the explanatory notes for the Act

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F349S. 113 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(b), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
  2. F348Word in s. 113 heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 63(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
  3. F350Words in s. 113(1)(d) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 63(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
  4. F351S. 113(1ZA) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 177(2), 208(1); S.I. 2022/1227, reg. 3(j)
  5. F352S. 113(1ZB)(1ZC) inserted (31.3.2023 for N.I.) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(3), 208(1); S.I. 2023/387, reg. 3(c)
  6. F353S. 113(1A) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(5), 15(2)(c); S.R. 2014/179, art. 2(c)
  7. F354Words in s. 113(3) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(4) (with art. 3)