Breach of a Sexual Harm Prevention Order (Section 103I Sexual Offences Act 2003)

Breach of a Sexual Harm Prevention Order is an offence under s.103I Sexual Offences Act 2003. A person who, without reasonable excuse, does anything that the person is prohibited from doing by a sexual harm prevention order or an interim sexual harm prevention order, or fails to do something that the person is required to do by such an order, commits an offence (s.103I(A1)). Section 103I also covers breach of a sexual offences prevention order, an interim sexual offences prevention order or a foreign travel order (s.103I(1) and (1A)) and of a relevant Scottish order (s.103I(1B)). A parallel offence in the same terms is created by s.354(1) Sentencing Act 2020, which sits in that Act's chapter on sexual harm prevention orders. Maximum sentence under s.103I: on conviction on indictment, imprisonment for a term not exceeding 5 years; on summary conviction, imprisonment for a term not exceeding 6 months or a fine or both (s.103I(3)). Under s.354: on conviction on indictment, imprisonment for a term not exceeding 5 years, or a fine, or both; on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020 s.224(1A)(b)), or a fine, or both (s.354(4)). A conditional discharge is not available on conviction under either section (s.103I(4); s.354(5)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).