Section 354 Offence: breach of sexual harm prevention orderI1

England and Wales

F1(1)

A person commits an offence if, without reasonable excuse, the person—

(a)

does anything that the person is prohibited from doing by a sexual harm prevention order, or

(b)

fails to do something that the person is required to do by a sexual harm prevention order.

(2)

See section 113 of the Sexual Offences Act 2003 for offences in Scotland and Northern Ireland of F2breaching such an order.

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding F4the general limit in a magistrates’ court, or a fine, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.

(5)

An order for conditional discharge is not available in respect of an offence under this section.

Annotations

F1: S. 354(1) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(6)(a), 208(1); S.I. 2022/1227, reg. 3(h)
F2: Words in S. 354(2) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(6)(b), 208(1); S.I. 2022/1227, reg. 3(h)
F3: S. 354(3) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(6)(c), 208(1); S.I. 2022/1227, reg. 3(h)
F4: Words in s. 354(4)(a) substituted (29.6.2026) by Victims and Courts Act 2026 (c. 19), ss. 15(1), 18(2) (with s. 15(2))