Section 45Part 2 — Punishments
Amendment of community service order
←→ Navigate · Click subsection badges to collapse · Press ? for help
45. Where a community service order is in force in respect of a convicted person and, on the convicted person’s application or that of the relevant officer, it appears to the court that made the order that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice to do so the court may extend the order for a further period of twelve months. 45A. Sexual harm prevention order 45A. (1) The Director of Public Prosecutions, after consultation with the Royal Cayman Islands Police Service or any other relevant agency may apply to a court for a sexual harm prevention order.
Where a person, including a young person, of or over the age of seventeen is dealt with by the court for any offence of a sexual or indecent nature and the court is satisfied on a balance of probabilities that it is necessary for the purpose of —
protecting the public or a particular member of the public from sexual harm from that person; or
protecting children or vulnerable persons or a particular child or vulnerable person from sexual harm from that person, the court, upon an application pursuant to subsection (1), may instead of or in addition to any sentence, make a sexual harm prevention order.
A sexual harm prevention order shall prohibit a person from doing anything described in the order and may include such conditions as the court considers necessary including a prohibition on travel both within and outside the Islands and shall be for a fixed period of at least five years.
Before making a sexual harm prevention order the court shall explain to the convicted person —
the purpose and effect of the order;
the consequences which may follow under section 45C if the person fails to comply with any of its requirements; and
that the court has the power to review or vary the order on the application either of the person or the Director of Public Prosecutions. 45B. Interim sexual harm prevention order 45B. (1) The Director of Public Prosecutions, after consultation with the Royal Cayman Islands Police Service or any other relevant agency may apply to a court for an interim sexual harm prevention order. Section 45C Penal Code (2026 Revision) Page 34 Revised as at 31st December, 2025 c
Where a person, including a young person, of or over the age of seventeen is charged with any offence of a sexual or indecent nature and the court is satisfied on a balance of probabilities that it is necessary for the purpose of —
protecting the public or a particular member of the public from sexual harm from that person; or
protecting children or vulnerable persons or a particular child or vulnerable person from sexual harm from that person, the court may, upon an application pursuant to subsection (1), make an interim sexual harm prevention order.
An interim sexual harm prevention order shall prohibit the person charged from doing anything described in the order and may include such conditions as the court considers necessary including a prohibition on travel both within and outside the Islands and shall be for a fixed period.
Before making an interim sexual harm prevention order the court shall explain to the person charged —
the purpose and effect of the order;
the consequences which may follow under section 45C if the person fails to comply with any of its requirements; and
that the court has the power to review or vary the order on the application either of the person charged or the Director of Public Prosecutions. 45C. Breach of sexual harm prevention order or interim sexual harm prevention order an offence 45C. (1) If at any time while a sexual harm prevention order or interim sexual harm prevention order is in force in respect of any person, it appears on information to the court that made the order that the person has failed to comply with any of the requirements of the order, or has attempted to do so, the court may issue a summons directing the person to appear before the court, or may, if the information is in writing and on oath, issue a warrant for the person’s arrest and for the person to be brought before the court.
If at any time while a sexual harm prevention order or interim sexual harm prevention order is in force in respect of any person, a constable may arrest that person, without a warrant, where the constable reasonably suspects that the person has failed to comply with any of the requirements of the order, or has attempted to do so.
A person who, without reasonable excuse fails to comply with any of the requirements of the order, or attempts to do so, commits an offence and is liable on summary conviction, to imprisonment for a term not exceeding four years or to a fine not exceeding three thousand dollars or to both. Penal Code (2026 Revision) Section 45D c Revised as at 31st December, 2025 Page 35
Where a person is convicted of failing to comply with any of the requirements of the order, or attempting to do so, that person may be committed to the Grand Court and the Grand Court shall have the same sentencing powers of the Summary Court and may impose such a sentence in addition to any other sentence. 45D. Amendment of sexual harm prevention order or interim sexual harm prevention order 45D. Where a sexual harm prevention order or interim sexual harm prevention order is in force in respect of a person and, on that person’s application or that of the Director of Public Prosecutions, it appears to the court that made the order that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice to do so, the court may vary, renew or discharge the order. 45E. Meaning of sexual harm 45E. For the purpose of sections 45A, 45B and 45C, “sexual harm” from a person means physical or psychological harm caused by a person committing a sexual offence. 45F. Rules of Court 45F. The Rules Committee established under section 19 of the Grand Court Act (2026 Revision) shall make Rules regulating the procedures in respect of the making of an application and the granting of a sexual harm prevention order and an interim sexual harm prevention order. 45G. Order applicable to prior acts etc. 45G. For the purpose of sections 45A and 45B, an order may be made in relation to an act, behaviour, conviction or finding which occurred before the 26th May 2017, the date of commencement of the Penal Code (Amendment) Law, 2017 [Law 32 of 2017].