Legislation – Police, Crime, Sentencing and Courts Act 2022

Police, Crime, Sentencing and Courts Act 2022, Section 174 is up to date with all changes known to be in force on or before 06 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Section 174:

Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
s. 44F inserted by 2024 c. 21 s. 29

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
s. 44F inserted by 2024 c. 21 s. 29

PART 10Management of offenders

CHAPTER 3Management of sex offenders

Sexual harm prevention orders and sexual risk orders

174Standard of proof

(1)

The Sexual Offences Act 2003 is amended as follows.

(2)

In section 103A(3) (sexual harm prevention orders: applications and grounds)—

(a)

omit “and” at the end of paragraph (a), and

(b)

for paragraph (b) substitute—

“(b)

the court is satisfied on the balance of probabilities that since the appropriate date the defendant has acted in one or more of the ways alleged by the person making the application, and

(c)

the court is satisfied that the defendant having acted in such a way makes it necessary to make a sexual harm prevention order, for the purpose of—

(i)

protecting the public or any particular members of the public from sexual harm from the defendant, or

(ii)

protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.”

(3)

In section 122A (sexual risk orders: applications, grounds and effect), for subsection (6) substitute—

“(6)

On an application under subsection (1), the court may make a sexual risk order if—

(a)

the court is satisfied on the balance of probabilities that the defendant has, whether before or after the commencement of this Part, done one or more of the acts of a sexual nature alleged by the person making the application, and

(b)

the court is satisfied that as a result of the defendant acting in such a way it is necessary to make such an order for the purpose of—

(i)

protecting the public or any particular members of the public from harm from the defendant, or

(ii)

protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.”