Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 177 is up to date with all changes known to be in force on or before 20 September 2024. 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
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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
I2177Positive requirements: further amendments
I11
In section 351 of the Sentencing Code (variation of sexual harm prevention order by court in Northern Ireland)—
a
in subsection (6), in the words before paragraph (a), after “prohibitions” insert “or requirements”
, and
b
in subsection (7), in the words before paragraph (a), after “prohibitions” insert “and requirements”
.
I12
In section 113 of the Sexual Offences Act 2003 (offence: breach of SOPO or interim SOPO etc), for subsection (1ZA) substitute—
1ZA
A person commits an offence if, without reasonable excuse, the person—
a
contravenes a prohibition imposed by—
i
a sexual harm prevention order,
ii
an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
iii
an interim sexual harm prevention order,
other than a prohibition on foreign travel, or
b
fails to comply with a requirement imposed by—
i
a sexual harm prevention order,
ii
an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
iii
an interim sexual harm prevention order.
I13
In section 128 of the Sexual Offences Act 2003 (offence: breach of RSHO or interim RSHO etc)—
a
in subsection (1) omit paragraphs (c) and (d), and
b
after subsection (1) insert—
1A
A person who, without reasonable excuse—
a
does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or
b
fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,
commits an offence.
I14
In section 136ZA(2) of the Sexual Offences Act 2003 (application of orders throughout the United Kingdom), after “prohibitions” insert “or requirements”
.
I15
In section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm prevention order by court in Northern Ireland)—
a
in subsection (5), in the words before paragraph (a), after “prohibitions” insert “or requirements”
, and
b
in subsection (6), in the words before paragraph (a), after “prohibitions” insert “and requirements”
.
I16
In section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order by court in Northern Ireland)—
a
in subsection (4), in the words before paragraph (a), after “prohibitions” insert “or requirements”
, and
b
in subsection (5), in the words before paragraph (a), after “prohibitions” insert “and requirements”
.
I37
In section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of orders equivalent to orders in Chapters 3 and 4: offence)—
a
after subsection (1) insert—
1A
A person commits an offence if, without reasonable excuse, the person fails to do something which the person is required to do by an equivalent order from elsewhere in the United Kingdom.
b
in each of subsections (2) and (3), after “subsection (1)” insert “or (1A)”
, and
c
in subsection (4), after “prohibitions” insert “or requirements”
.