Page:Sexual Offences Act 2003.pdf/70

64 Part 2—Notification and orders 113 Offence: breach of SOPO or interim SOPO

(1) A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—
 * (a) a sexual offences prevention order;
 * (b) an interim sexual offences prevention order;
 * (c) an order under section 5A of the Sex Offenders Act 1997 (c. 51)

(restraining orders);
 * (d) an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales and in Scotland);
 * (e) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland).

(2) A person guilty of an offence under this section is liable—
 * (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
 * (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge or, in Scotland, a probation order. Foreign travel orders 114 Foreign travel orders: applications and grounds

(1) A chief officer of police may by complaint to a magistrates’ court apply for an order under this section (a “foreign travel order”) in respect of a person (“the defendant”) who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—
 * (a) the defendant is a qualifying offender, and
 * (b) the defendant has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(2) An application under subsection (1) may be made to any magistrates’ court whose commission area includes any part of the applicant’s police area.

(3) On the application, the court may make a foreign travel order if it is satisfied that—
 * (a) the defendant is a qualifying offender, and
 * (b) the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.

115 Section 114: interpretation

(1) Subsections (2) to (5) apply for the purposes of section 114.