This section applies where a risk of sexual harm order has been made in respect of a person who now—
A person within subsection (3) may by complaint to the appropriate court apply for an order varying, renewing or discharging the order.
Those persons are—
Subject to subsections (5) to (10), 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 (3), may make any order varying, renewing or discharging the risk of sexual harm order that the court considers appropriate.
A risk of sexual harm order may be renewed, or varied under this section so as to impose—
only if it is necessary to do so for the purpose of protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).
A risk of sexual harm order as renewed or varied under this section may contain only—
A risk of sexual harm order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant's compliance with the prohibitions imposed by the order.
Section 122EA (electronic monitoring requirements) applies in relation to—
as it applies in relation to the making of a sexual harm prevention order, subject to subsection (9).
In its application to the variation or renewal of a risk of sexual harm order, section 122EA has effect as if—
The court must not discharge a risk of sexual harm order before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and—
In this section—
"adult magistrates' court" means a magistrates' court that is not a youth court;
"the appropriate court" means—where the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;where the defendant is under the age of 18, 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 acting for a local justice area that includes any part of the chief officer's police area;
"child" means a person under 16.