Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 181 is up to date with all changes known to be in force on or before 31 October 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.
Changes to Legislation
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PART 10Management of offenders
CHAPTER 3Management of sex offenders
Orders made in different parts of the United Kingdom
181Effect of conviction for breach of Scottish order etc
(1)
In section 122I of the Sexual Offences Act 2003 (effect of conviction etc of an offence under section 122H etc)—
(a)
in subsection (2), omit paragraph (b),
(b)
“(2A)
This section also applies to a person (“the defendant”) who—
(a)
is convicted of an offence mentioned in subsection (2B),
(b)
is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or
(c)
is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence.
(2B)
Those offences are—
(a)
an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland);
(b)
an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.”,
(c)
in subsection (6)—
(i)
in paragraph (a), for “or caution” substitute “, caution or acquittal”
,
(ii)
in that paragraph, after “subsection (1)” insert “or (2A)”
,
(iii)
in paragraph (b), for “or caution” substitute “, caution or acquittal”
, and
(iv)
in that paragraph, after “subsection (1)” insert “or (2A)”
,
(d)
“(6A)
In subsection (6) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.”, and
(e)
omit subsection (7).
(2)
In section 129 of the Sexual Offences Act 2003 (effect of conviction etc of an offence under section 128 etc)—
(a)
in subsection (1A), omit paragraph (b),
(b)
“(1B)
This section also applies to a person (“the defendant”) who—
(a)
is convicted of an offence mentioned in subsection (1C),
(b)
is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or
(c)
is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence.
(1C)
Those offences are—
(a)
an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland);
(b)
an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.”,
(c)
in subsection (5)—
(i)
in paragraph (a), for “or caution” substitute “, caution or acquittal”
,
(ii)
in that paragraph, after “subsection (1)” insert “or (1B)”
,
(iii)
in paragraph (b), for “or caution” substitute “, caution or acquittal”
, and
(iv)
in that paragraph, after “subsection (1)” insert “or (1B)”
,
(d)
“(5A)
In subsection (5) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.”, and
(e)
omit subsection (6).