Skip to content

Breach of a sexual harm prevention order

s.103I Sexual Offences Act 2003, s.354 Sentencing Code · Triable either way

Back to Offence Library

Sentencing framework

The sentencing framework for breaching a sexual harm prevention order categorizes breaches based on culpability and harm. Offenders are assessed within these categories to determine appropriate starting points for custody or alternative sanctions. Aggravating factors, like previous convictions or the vulnerability of victims, can lead to harsher sentences, while mitigating factors may lead to reduced penalties.

Maximum sentence

5 years’ custody

Court

Triable either way

Starting point

3 years’ custody

Offence range

Fine – 4 years and 6 months’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Breach committed immediately or shortly after order made
  • ·History of disobedience of court orders
  • ·Breach involves a further offence
  • ·Targeting of particular individual the order was made to protect
  • ·Victim or protected subject of order is particularly vulnerable
  • ·Offender takes steps to prevent victim from reporting

Mitigating factors

  • ·Breach committed after long period of compliance
  • ·Prompt voluntary surrender/admission of breach
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability linked to the offence
  • ·Sole or primary carer for dependent relatives
  • ·Pregnancy, childbirth and post-natal care
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — Determining the offence category
  2. Step 2 — Assessing culpability and harm
  3. Step 3 — Starting point and category range
  4. Step 4 — Reductions for guilty pleas and assistance to prosecution
  5. Step 5 — Totality principle
  6. Step 6 — Ancillary orders
  7. Step 7 — Giving reasons
  8. Step 8 — Credit for time spent on bail

Guideline notes

  • Guideline users should be aware of the Equal Treatment Bench Book for fairness in court proceedings.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.