Section 350: Sexual harm prevention orders: variations, renewals and discharges, Sentencing Act 2020

Where a sexual harm prevention order has been made in respect of an offender, a person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging the sexual harm prevention order.

The persons are—

the offender;

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

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

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.

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Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) or (c) must have regard to the list in considering—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 offender 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.

Subsection (5) applies where an application under subsection (1) is made.

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

any conflict with the offender’s religious beliefs,

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

any conflict with any other court order or injunction to which the offender 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If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—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 an 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 offender outside the United Kingdom, and

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

The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made, without the consent of the offender 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 offender resides.

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

For circumstances in which a sexual harm prevention order ceases to have effect when a court in the United Kingdom makes another order, see the following provisions of the Sexual Offences Act 2003—

section 103C(6) (sexual harm prevention order under that Act);

section 136ZB(2) (certain orders made by a court in Northern Ireland or Scotland).

Section 350: Sexual harm prevention orders: variations, renewals and discharges

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