What is a sexual harm prevention order?
If you are charged with a sexual offence in the UK, you may also be subject to a Sexual Harm Prevention Order.
This is a serious matter and is likely to have a serious, long-lasting impact on your life. Understanding what Sexual Harm Prevention Orders are and the sort of conditions that come with them is therefore incredibly important.
Here, we explain what Sexual Harm Prevention Orders are, when they may be imposed, how long they last, whether it is possible to appeal them and what may happen if your breach the terms – in addition to various other important questions.
What is a Sexual Harm Prevention Order (SHPO)?
A Sexual Harm Prevention Order (SHPO) is an order that can be imposed against any person who is deemed to have committed an offence under Schedule 3 or 5 of the Sexual Offences Act 2003. It can be imposed by a Magistrates or Crown Court against an individual who is considered to pose a risk of sexual harm against the general public, a group of people, or an individual.
When is an SHPO imposed?
An SHPO can be imposed either at the time of a conviction or at a later date when an application is made by either the police or the Crown Prosecutor. The decision to delay imposing an SHPO may be done due to the complexity of a case and so an effective pre-sentence report can be composed.
Restrictions or prohibitions that are contained in the order must be considered necessary for the purposes of either:
- Protecting the public or particular members of the public from sexual harm, or
- Protecting children or vulnerable adults from sexual harm outside the UK
If a court is considering implementing a SHPO, they will consider the risk that could be posed by the alleged offender, as well as any previous convictions or court orders that have been in place.
What are the common conditions of an SHPO?
A wide range of conditions can be imposed on an SHPO. These conditions will usually be put in place to restrict the activities someone can do on a daily basis, or they could require someone to do certain things.
Common restrictive conditions include, but are not limited to:
- Not being allowed to visit certain areas or places
- Not having contact with the victim of the alleged crime
- Not having contact with anyone under the age of 18
- Not being able to use the internet, or not being able to use the internet without monitoring software installed
- Not being able to use digital devices, such as mobile phones or cameras
- Not being allowed to work or volunteer in certain sectors, including those where someone under the age of 18 will be present
Common conditions that would require someone to take a specific action include, but are not limited to:
- Being required to take part in sex offender rehabilitation programmes
- Being required to attend polygraph sessions
- Being required to report new relationships
- Being required to stick to the terms of a curfew
- Being required to attend regularly scheduled appointments with mental health workers or psychiatrists
Can a SHPO restrict foreign travel?
Anyone who is subject to a SHPO in the UK may have certain conditions placed upon them that restrict their ability to travel abroad. Where this is the case, the individual would be made to surrender their passport and would only be able to reattain it after the SHPO has expired.
If the order is made for an indefinite period of time, the offender cannot travel aboard until restrictions are lifted.
Some countries may have restrictions in place to prevent entry for anyone who has been convicted of a violent or sexual offence. So, even if travel is permitted by the terms of the order, there may still be external restrictions in place.
What is the difference between an SOPO and an SHPO?
An SOPO is a Sexual Offences Prevention Order. These were replaced by SHPOs in 2015.
What is the difference between an SRO and an SHPO?
An SRO is a Sexual Risk Order. They share similarities with SHPOs in that they are put in place to restrict someone’s behaviour with the purpose of protecting the public from the risk of sexual harm. However, unlike a SHPO, no conviction or caution is required for the Court to impose an SRO.
How long does an SHPO last?
An SHPO will either last for a fixed period of five years, or can be made ‘until further order’. This means that they will be in place until such time that they are varied or discharged.
Are SHPOs convictions?
SHPOs are considered to be convictions. This means that they will remain indefinitely, and they will show on any Police National Computer (PNC) and Disclosure Barring Service (DBS) checks.
What happens if I breach an SHPO?
A breach of a Sexual Harm Prevention Order without a reasonable excuse is a criminal offence. The Courts could impose a prison sentence of up to five years of a breach of an SHPO.
Can an SHPO be appealed?
Under normal circumstances, an SHPO cannot be discharged within five years of it being made. The exception to this is if the SHPO is appealed.
There are a number of reasons why an SHPO may be appealed. It may be considered unnecessary in the circumstances, it is too wide in scope, the terms are too onerous in relation to the alleged crime, or the person that is supposed to be protected by the SHPO does not accept it.
Applications can also be made to vary the terms of an order if it is already in place. This could be made by the individual under the SHPO, or the police.
Should I speak to a solicitor about SHPOs?
If you are accused of a sexual offence and are at risk of being subject to a SHPO, it is important that you speak to a specialist sexual offence solicitor as soon as possible.
As we have discussed in this post, SHPOs can have a serious impact on your livelihood, which means that is important you have the right support and guidance on your side.
At JD Spicer Zeb, our sexual offence solicitors can provide carefully tailored advice in relation to SHPOs, ensuring that they are correctly applied, lodging appeals where it is appropriate to do so and ensuring they are accurate and proportionate to the surrounding circumstances.
Contact our sexual offence lawyers today
For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about SHPOs, please do not hesitate to get in touch.
You can contact our dedicated sexual offences solicitors in London, Birmingham, and Manchester by telephone on:
- Brent & Camden London Office: 0207 624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
- City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)
Or email: solicitors@jdspicer.co.uk
Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.
24/7 legal representation for SHPOs
Please get in touch for a free initial consultation with one of our expert sexual offence solicitors, as well as immediate representation and advice on dealing with allegations relating to SHPOs.
We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.
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Common questions
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"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".
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