Page:Sexual Offences Act 2003.pdf/78

72 Part 2—Notification and orders 128 Offence: breach of RSHO or interim RSHO

(1) A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—
 * (a) a risk of sexual harm order; or
 * (b) an interim risk of sexual harm order.

(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.

129 Effect of conviction etc. of an offence under section 128

(1) This section applies to a person (“the defendant”) who—
 * (a) is convicted of an offence under section 128;
 * (b) is found not guilty of such an offence by reason of insanity;
 * (c) is found to be under a disability and to have done the act charged against him in respect of such an offence; or
 * (d) is cautioned in respect of such an offence.

(2) Where—
 * (a) a defendant was a relevant offender immediately before this section applied to him, and
 * (b) the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the relevant order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(3) Where the defendant was not a relevant offender immediately before this section applied to him—
 * (a) this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to him until the relevant order (as renewed from time to time) ceases to have effect, and
 * (b) this Part applies to the defendant, subject to the modification set out in subsection (4).

(4) The “relevant date” is the date on which this section first applies to the defendant.

(5) In this section “relevant order” means—
 * (a) where the conviction, finding or caution within subsection (1) is in respect of a breach of a risk of sexual harm order, that order;
 * (b) where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim risk of sexual harm order, any risk of sexual harm order made on the hearing of the application to which the interim risk of sexual harm order relates or, if no such order is made, the interim risk of sexual harm order.