Part 2—Notification and orders
(5) An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
(6) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—
- (a) where the application is made by a chief officer of police, that chief officer, or
- (b) in any other case, the chief officer of police for the area in which the defendant resides.
(7) In this section “the appropriate court” means—
- (a) where the Crown Court or the Court of Appeal made the sexual offences prevention order, the Crown Court;
- (b) where a magistrates’ court made the order, that court, a magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any magistrates’ court whose commission area includes any part of the chief officer’s police area;
- (c) where a youth court made the order, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court whose commission area includes any part of the chief officer’s police area.
(8) This section applies to orders under—
- (a) section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders),
- (b) section 2 or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales or Scotland), and
- (c) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland),
as it applies to sexual offences prevention orders.
109 Interim SOPOs
(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.
(4) Such an order—
- (a) has effect only for a fixed period, specified in the order;
