Section 348: Sexual harm prevention orders: prohibitions on foreign travel, Sentencing Act 2020

A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.

Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 350.

A “prohibition on foreign travel” means—

a prohibition on travelling to any country outside the United Kingdom named or described in the order,

a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or

a prohibition on travelling to any country outside the United Kingdom.

A sexual harm prevention order that contains a prohibition within subsection (3)(c)—

must require the offender to surrender all of the offender's passports at a police station, and

must specify—

the police station at which the passports are to be surrendered, and

the period within which they must be surrendered (if not surrendered on or before the date when the prohibition takes effect).

Any passports surrendered must be returned as soon as reasonably practicable after the offender ceases to be subject to a sexual harm prevention order containing a prohibition within subsection (3)(c) (unless the offender is subject to an equivalent prohibition under another order).

Subsection (5) does not apply in relation to—

a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

In this section “passport” means—

a United Kingdom passport within the meaning of the Immigration Act 1971;

a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

a document that can be used (in some or all circumstances) instead of a passport.

Section 348: Sexual harm prevention orders: prohibitions on foreign travel

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