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Section 109 Interim SOPOsC1C2C3F1F2

(1)

This section applies where an application under section 104(5) or 105(1) (“the main application”) has not been determined.

(2)

An application for an order under this section (“an interim sexual offences prevention order”)—

(a)

may be made by the complaint by which the main application is made, or

(b)

if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3)

The court may, if it considers it just to do so, make an interim sexual offences prevention order, prohibiting the defendant from doing anything described in the order F3or requiring the defendant to do anything described in the order (or both).

(4)

Such an order—

(a)

has effect only for a fixed period, specified in the order;

(b)

ceases to have effect, if it has not already done so, on the determination of the main application.

(5)

F4Section F5107(3) 107(2) Section 107(2) to (5) apply to an interim sexual offences prevention order as if references to an order were references to such an order, and with the omission of “as renewed from time to time” in both places.

(6)

The applicant or the defendant may by complaint apply to the court that made the interim sexual offences prevention order for the order to be varied, renewed or discharged.

(7)

Subsection (6) applies to orders under—

(a)

section F6... 20(4)(a) of the Crime and Disorder Act 1998 (c. 37) (interim orders made in ... Scotland), and

(b)

Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (interim orders made in Northern Ireland),

as it applies to interim sexual offences prevention orders.

Annotations

Textual amendments

F1

Ss. 104-122 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 3 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F2

Ss. 104-109 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(a), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F3

Words in s. 109(3) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(4)(a), 15(2)(c); S.R. 2014/179, art. 2(c)

F4

Words in s. 109(5) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 5(4)(b), 15(2)(c); S.R. 2014/179, art. 2(c)

F5

Word in s. 109(5) substituted (S.) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 100(2)(b), 206(1); S.S.I. 2011/354, art. 2, Sch.

F6

Words in s. 109(7)(a) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 61 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

Modifications

C1

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)

C2

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)

C3

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)

Notes on Part 2

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 Sexual offences prevention orders (Scotland and Northern Ireland)

Textual amendments

F2

Words in s. 104 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 59 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)