Child sex offences committed by children or young persons (sections 9–12) (offender under 18), Sexual Offences Act 2003, s.13
Sexual activity with a child family member (offender under 18), Sexual Offences Act 2003, s.25
Inciting a child family member to engage in sexual activity (offender under 18), Sexual Offences Act 2003, s.26
Triable either way
Maximum: 5 years’ custody
These are ‘grave crimes’ for the purposes of section 249 of the Sentencing Code.
These are specified offences for the purposes of section 254 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code.
When sentencing offenders under 18, a court must in particular follow:
- Sentencing children and young people – overarching principles
- Sentencing children and young people – sexual offences
and have regard to:
- the principal aim of the youth justice system (to prevent offending by children and young people); and
- the welfare of young offenders.
| May be made by | A magistrates’ court or the Crown Court |
| Relevant legislation | Sentencing Act 2020, part 11, Chapter 2 |
|
Availability
|
Where a person is convicted of an offence listed in Schedule 3 or Schedule 5 to the Sexual Offences Act 2003 the court dealing with the offender in respect of the offence may make an SHPO if satisfied that it is necessary to do so for the purpose of—
No application is necessary for the court to make a SHPO at the point of sentence although the prosecutor may wish to invite the court to consider making an order in appropriate cases. The court may ask pre-sentence report writers to consider the suitability of a SHPO on a non-prejudicial basis. Sentencing Act 2020, s344(2) provides that any conditions in Sch. 3 SOA 2003 relating to the age of the offender or the victim, or the sentence imposed on the offender may be disregarded in determining whether the offence is listed in schedule 3. |
| Considerations | The details of the offence are likely to be a key factor in the court’s decision, together with the offender’s previous convictions and the assessment of risk presented by the Probation Service in any pre-sentence report. The court may take into consideration the range of other options available to it in respect of protecting the public. The court may want to consider:
|
| Content of the order | The order may prohibit the offender from doing anything described in the order or require the offender to do anything described in the order.
The prohibitions or requirements which are imposed must, so far as practicable, be such as to avoid—
A SHPO that imposes a requirement (other than an electronic monitoring requirement) to do something must specify a person who is to be responsible for supervising compliance with the requirement. The person may be an individual or organisation. The court must receive evidence about the requirements suitability and enforceability from the individual who will enforce it or from an individual representing the organisation who will enforce it. |
| Length of the order
|
Within the SHPO the Court must specify the period for which each prohibition or requirement is to have effect (the specified period).
The specified period must either be a fixed period of not less than 5 years or an indefinite period (so that the prohibition or requirement has effect until further order). The order may specify different periods for different prohibitions or requirements. As a guide, the specified period would normally be the same length as the statutory notification period. Where the specified period is longer than the statutory notification period, the offender will remain subject to the notification requirements for the full duration of the sexual harm prevention order. |
| Effect on earlier orders | Where an order is made in respect of an offender who is already subject to an SHPO, the earlier SHPO ceases to have effect. If the offender is already subject to a Sexual Offences Prevention Order or Foreign Travel Order made in Scotland or Northern Ireland, that order ceases to have effect unless the court orders otherwise. |
| Consequences of breach | Breach of a SHPO is a criminal offence, maximum penalty five years’ custody. |
| May be made by | A magistrates’ court or the Crown Court |
| Relevant legislation | Licensing Act 2003, Part 6 |
|
Availability
|
A personal licence is a licence granted by a licensing authority to an individual which authorises them to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence.
Where the holder of a personal licence is convicted of a relevant offence the court may:
A relevant offence is one listed in Schedule 4. |
| Considerations | The court may take account of any previous conviction for a relevant offence. |
| Further Actions for the court | Where the holder of a personal licence is convicted of a relevant offence the court must (as soon as reasonably practicable) send the relevant licensing authority a notice specifying
|