Section 103E: SHPOs: variations, renewals and discharges, Sexual Offences Act 2003

A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order.

The persons are—

the defendant;

the chief officer of police for the area in which the defendant resides;

a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;

where the order was made on an application by a chief officer of police under section 103A(4), that officer.

If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) to (d) must have regard to the list in considering—

whether to apply for an order varying or renewing a sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and

in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.

An application under subsection (1) may be made—

where the appropriate court is the Crown Court, in accordance with rules of court;

in any other case, by complaint.

Subject to subsections (5) and (7), 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 harm prevention order, that the court considers appropriate.

Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid—

any conflict with the defendant's religious beliefs,

any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and

any conflict with any other court order or injunction to which the defendant may be subject.

If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—

whether any order varying or renewing the sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and

in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.

In subsections (2A), (5) and (5B) "the public", "sexual harm", "child" and "vulnerable adult" each has the meaning given in section 103B(1).

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—

where the application is made by a chief officer of police, that chief officer, or

in any other case, the chief officer of police for the area in which the defendant resides.

Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions or requirements.

Section 103E: SHPOs: variations, renewals and discharges

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