Page:Sexual Offences Act 2003.pdf/75

Sexual Offences Act 2003 (c. 42) Part 2—Notification and orders Risk of sexual harm orders 123 Risk of sexual harm orders: applications, grounds and effect

(1) A chief officer of police may by complaint to a magistrates’ court apply for an order under this section (a “risk of sexual harm order”) in respect of a person aged 18 or over (“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 has on at least two occasions, whether before or after the commencement of this Part, done an act within subsection (3), and
 * (b) as a result of those acts, there is 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—
 * (a) any part of the applicant’s police area, or
 * (b) any place where it is alleged that the defendant acted in a way mentioned in subsection (1)(a).

(3) The acts are—
 * (a) engaging in sexual activity involving a child or in the presence of a child;
 * (b) causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual;
 * (c) giving a child anything that relates to sexual activity or contains a reference to such activity;
 * (d) communicating with a child, where any part of the communication is sexual.

(4) On the application, the court may make a risk of sexual harm order if it is satisfied that—
 * (a) the defendant has on at least two occasions, whether before or after the commencement of this section, done an act within subsection (3); and
 * (b) it is necessary to make such an order, for the purpose of protecting children generally or any child from harm from the defendant.

(5) Such an order—
 * (a) prohibits the defendant from doing anything described in the order;
 * (b) has effect for a fixed period (not less than 2 years) specified in the order or until further order.

(6) The only prohibitions that may be imposed are those necessary for the purpose of protecting children generally or any child from harm from the defendant.

(7) Where a court makes a risk of sexual harm order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

124 Section 123: interpretation

(1) Subsections (2) to (7) apply for the purposes of section 123.