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Breach of a sexual harm prevention order

Harassment, stalking and protective orders — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Harassment, stalking and protective orders

Breach of a sexual harm prevention order

Sexual Offences Act 2003, s.103I

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Without reasonable excuse, do something prohibited by a sexual harm prevention order or interim SHPO, or fail to do something required by that order (SOA 2003, s.103I).

Mens rea

  • The section is breach without reasonable excuse. Take instructions on knowledge of the term and why the client says the conduct was allowed or excused.

Defences

Reasonable excuse · Conduct outside the prohibition or requirement · No order / interim order in force · Deny the act

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Fine – 4 years and 6 months’ custody.

View definitive guideline ↗

At the police station

Get the order. Notification-requirement failures are s.91, not s.103I. Conditional discharge is not available (s.103I(4)).

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Harassment, stalking and protective orders

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.