Part 2—Notification and orders
- (b) has effect for a fixed period (not less than 5 years) specified in the order or until further order.
(2) The only prohibitions that may be included in the order are those necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
(3) Where—
- (a) an order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and
- (b) the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
(4) Where an order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—
- (a) the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and
- (b) this Part applies to the defendant, subject to the modification set out in subsection (5).
(5) The “relevant date” is the date of service of the order.
(6) Where a court makes a sexual offences prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
(7) Section 106(3) applies for the purposes of this section and section 108.
108 SOPOs: variations, renewals and discharges
(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual offences prevention order.
(2) The persons are—
- (a) the defendant;
- (b) the chief officer of police for the area in which the defendant resides;
- (c) a chief officer of police who believes that the defendant is in, or is intending to come to, his police area;
- (d) where the order was made on an application under section 104(5), the chief officer of police who made the application.
(3) An application under subsection (1) may be made—
- (a) where the appropriate court is the Crown Court, in accordance with rules of court;
- (b) in any other case, by complaint.
(4) Subject to subsections (5) and (6), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual offences prevention order, that the court considers appropriate.
