Section 103D SHPOs: prohibitions on foreign travelC1F1
A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.
A “prohibition on foreign travel” means—
a prohibition on travelling to any country outside the United Kingdom named or described in the order,
a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
a prohibition on travelling to any country outside the United Kingdom.
Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 103E.
A sexual harm prevention order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—
on or before the date when the prohibition takes effect, or
within a period specified in the order.
Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual harm prevention order containing a prohibition within subsection (2)(c) (unless the person is subject to an equivalent prohibition under another order).
Subsection (5) does not apply in relation to—
a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
In this section “passport” means—
a United Kingdom passport within the meaning of the Immigration Act 1971;
a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
a document that can be used (in some or all circumstances) instead of a passport.
Annotations
Textual amendments
- F1
Ss. 103A-103K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 2 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)
Modifications
- C1
Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Notes on Part 2
Modifications
- C2
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
- C3
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
- C4
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)