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Section 122 Offence: breach of foreign travel order etcF1F11F2

(1)

A person commits an offence if, without reasonable F3excuse—

(a)

he does anything which he is prohibited from doing by a foreign travel order F4, F5...

(b)

he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order F6, or

(c)

he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).

(F71A)

A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).

(F81B)

A person commits an offence if, without reasonable excuse, the person fails to comply with—

(a)

a requirement under section 117A(2) (surrender of passports: F9... Northern Ireland), or

C1(b)

a requirement under section 117B(2) (surrender of passports: Scotland).

(1C)

A person may be prosecuted, tried and punished for any offence under subsection (1B)—

(a)

in any sheriff court district in which the person is apprehended or is in custody, or

(b)

in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).

(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 (or, in Scotland, a F10community payback order).

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Ss. 104-122 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 3 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373,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

S. 122 repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 39(1)(e), 45(2)(3) (with ss. 40(2)-(4), 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F3

Words in s. 122(1) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 68(3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F4

S. 122(1)(b) and preceding word inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 68(3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F5

Word in s. 122(1)(a) omitted (31.3.2023 for N.I.) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(4)(a), 208(1); S.I. 2023/387, reg. 3(c)

F6

S. 122(1)(c) and word inserted (31.3.2023 for N.I.) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(4)(b), 208(1); S.I. 2023/387, reg. 3(c)

F7

S. 122(1A) inserted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 25(3), 116(1); S.I. 2010/507, art. 5(l) (subject to art. 6)

F8

S. 122(1B)(1C) inserted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 101(6), 206(1); S.S.I. 2010/413, art. 2, Sch.

F9

Words in s. 122(1B)(a) omitted (8.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 68(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F10

Words in s. 122(3) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(5) (with art. 3)

F11

Word in s. 122 heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 68(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

Modifications

C1

S. 122(1B)(b) extended (E.W.N.I.) (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 3(1) (with art. 4(4))

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

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)

Notes on Foreign travel orders (Scotland and Northern Ireland)

Textual amendments

F2

Words in s. 114 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 64 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)