Section 122H Offence: breach of sexual risk order or interim sexual risk order etcF1

(F2A1)

A person who, without reasonable excuse—

(a)

does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or

(b)

fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,

commits an offence.

(1)

A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

F3(a)

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

F4(b)

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

(c)

a risk of sexual harm order,

(d)

an interim risk of sexual harm order,

F5(e)

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

F6(f)

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

commits an offence.

(F71A)

A person who, without reasonable excuse, does anything that the person is required to do by a risk of sexual harm order that has been renewed or varied as mentioned in section 136ZJ(7) commits an offence.

(1B)

A person who, without reasonable excuse—

(a)

does anything that the person is prohibited from doing by a relevant Scottish order, or

(b)

fails to do something that the person is required to do by a relevant Scottish order,

commits an offence.

(1C)

In subsection (1B) “relevant Scottish order” means—

(a)

a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or

(b)

an interim sexual risk order made under section 31 of that Act.

F8(2)

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

(3)

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 or both;

(b)

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

(4)

Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

Annotations

Textual amendments

F1: Ss. 122A-122K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 4 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)
F2: S. 122H(A1) inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(6)(a), 208(1); S.I. 2022/1227, reg. 3(i)
F3: S. 122H(1)(a) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(6)(b), 208(1); S.I. 2022/1227, reg. 3(i)
F4: S. 122H(1)(b) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(6)(b), 208(1); S.I. 2022/1227, reg. 3(i)
F5: S. 122H(1)(e) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(5)(a), 208(1); S.I. 2023/387, reg. 3(c) (with reg. 4(1))
F6: S. 122H(1)(f) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(5)(a), 208(1); S.I. 2023/387, reg. 3(c) (with reg. 4(1))
F7: S. 122H(1A)-(1C) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 180(5)(b), 208(1); S.I. 2023/387, reg. 3(c)
F8: S. 122H(2) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(6)(c), 208(1); S.I. 2022/1227, reg. 3(i)

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)