Sexual Harm Prevention Orders (SHPOs)
Discover more about sexual harm prevention orders and how McArthur Solicitors can help you defend, appeal, and discharge them.
What is a SHPO?
Sexual harm prevention orders, also known as SHPOs, are court orders that restrict offenders from doing certain things to keep the general public safe from sexual harm. Previously, they were known as sexual offence prevention orders (SOPOs) before they were changed in March 2015.
SHPOs can be given to anyone convicted under the Sexual Offences Act 2003. However, being convicted of a criminal offence isn’t necessary for a SHPO to be issued – they can be made against someone based on alleged behaviour that doesn’t result in a prosecution or conviction.
A sexual harm prevention order can last for five years or indefinitely, until the courts order otherwise. However, SHPOs can be appealed, and restrictions lifted with the help of an experienced sexual offence solicitor.
What Restrictions Are Included With A Sexual Harm Prevention Order?
The terms of SHPOs are tailored to individuals and the specific risks that the courts consider they pose. Common restrictions include:
- Managing or limiting internet and device use.
- Prohibiting access to areas such as schools or playgrounds.
- Restricting certain forms of employment, such as working in schools.
- Preventing contact with the victim, or with individuals under a certain age.
- Requirements to take part in rehabilitation courses, mental health appointments, or report to a supervising officer about any new relationships.
Each SHPO is individual to the specific offender, and any restrictions imposed must be proportional and necessary to the risk of any future sexual harm.
Sexual Harm Prevention Orders Vs. Sexual Risk Orders
Sexual Risk Orders (SROs) are another type of order that can be imposed on people who are considered a risk to the public. Functionally, Sexual Risk Orders and Sexual Harm Prevention Orders are very similar, and can impose many of the same restrictions.
However, SROs can be issued to anyone, regardless of previous conviction or caution by the police. They can also be applied as interim orders if a defendant is on bail for a sexual offence or other crime.
When Can A SHPO Be Imposed?
Anyone who has been convicted or cautioned of an offence under Schedule 3 or 5 of the Sexual Offences Act 2005 can be issued with a SHPO if the courts deem they are a risk to the public.
SHPOs can also be given to someone based on alleged behaviour rather than a conviction, as long as the courts agree that the offender in question is considered a risk.
When deciding whether to issue a Sexual Harm Prevention Order, the court considered perceived risk, previous convictions or court orders, and individual views related to the matter.
Breaching a SHPO
If you have a SHPO in place and breach any of the restrictions that have been placed on you, or fail to meet any of the requirements, you can be arrested. Breaches can also result in a further criminal conviction, along with the potential of five years imprisonment.
Being accused of breaching an SHPO is distressing, and it’s vital to get legal advice as soon as possible.
Appealing SHPOs
Appeals against SHPOs can be made to the Court of Appeal or the Crown Court, depending on where the original order was made. Appeals must be made within 21 days of sentence if the order was made in the Magistrates’ Court, and after the 21 day period has passed (or for appeals from the Crown Court), you must seek permission to appeal.
Varying or Discharging a Sexual Harm Prevention Order
It is possible to appeal SHPOs to vary the terms or discharge them altogether. Section 103 of the Sexual Offences Act gives the court discretion to change SHPOs if the court is of the opinion that:
- The subject is not a risk of serious sexual harm to the public.
- If the SHPO infringes fundamental human rights.
- If the original SHPO is considered disproportionate or unnecessary.
There are many other reasons that sexual harm prevention orders can be varied or discharged altogether. A specialist Sexual Harm Prevention Order solicitor, like the experts at McArthur Solicitors, can help you navigate these complexities and secure the best possible outcome for your case.
Notification and Disclosure Requirements
Notification and disclosure requirements are a key factor in the management of Sexual Harm Prevention Orders. When an individual becomes subject to a SHPO, they must comply with strict notification requirements set out by the Sexual Offences Act 2003. These requirements are designed to help the authorities monitor and manage the risk presented by individuals convicted of, or considered at risk of, sexual offences.
Anyone subject to a SHPO must notify the police of certain personal details, such as their current address, any changes of address, travel plans, and sometimes employment or educational arrangements. These requirements are in place for either a fixed period or an indefinite period, depending on the court’s decision and the exact requirements of the order. Failing to comply with these notification requirements is a criminal offence and can result in a further conviction, with a maximum penalty of up to five years’ imprisonment.
Disclosure on Background Checks
A SHPO will be disclosed on both standard and enhanced Disclosure and Barring Service (DBS) checks, which means that employers, educational establishments, and other relevant organizations will be informed of the order when conducting background checks.
This is particularly important for roles involving contact with vulnerable adults or children. However, once the SHPO is spent, it will not appear on basic DBS checks, unless the offence is one that is never filtered.
Monitoring and Enforcement
The police, National Crime Agency, and National Probation Service play a crucial role in ensuring that SHPOs are policed effectively. The probation service may also be involved in supervising individuals and supporting compliance with the order’s terms.
The order may include different prohibitions or requirements, such as restrictions on internet use, contact with particular members of the public, or access to certain locations. Each prohibition may apply for different periods, as specified by the court.
Legal Framework and Compliance
SHPOs are governed by the Sexual Offences Act 2003 and the Sentencing Act 2020. The court will consider the risk of sexual harm, the nature of the offences, and the need to protect the public – especially vulnerable adults and children – when deciding the exact requirements of the order.
It is essential for anyone subject to a SHPO to fully understand their obligations. If there is any uncertainty about what is required, it is vital to seek legal advice to avoid breaching the order and facing further legal action.
Notification and disclosure requirements are central to the effectiveness of sexual harm prevention orders. By complying with these obligations and working with the relevant authorities, individuals can ensure that the order is managed appropriately and that they avoid the serious consequences of non-compliance. If you have any questions about your SHPO or its requirements, always seek legal advice to protect your rights and minimise the risk of further offences.
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FAQs
A Sexual Harm Prevention Order (SHPO) is imposed by the court to protect the public from individuals who are considered to pose a risk of sexual harm. The order places restrictions on a person’s behaviour to prevent them from committing further offences or causing harm. The proposed order must include restrictions that are considered proportionate and fair, and may include both positive obligations (such as mandatory mental health treatment) and negative prohibitions (the restriction of particular activities or internet use).
SHPOs are issued by the court either after a conviction for a sexual offence, or in some cases, where there has been no conviction but sufficient evidence shows that an individual poses a risk of sexual harm.
No. SHPOs (Sexual Harm Prevention Orders) replaced Sexual Offences Prevention Orders (SOPOs) and Foreign Travel Orders in 2015. A Sexual Risk Order (SRO), however, is different. SROs can be made where a person has not been convicted of a sexual offence but is still considered to pose a risk of sexual harm.
Yes. A SHPO automatically places the individual subject to it on the Sex Offenders Register for the duration of the order. This requires them to comply with the notification requirements set out by law.
Sexual harm can include any behaviour that causes or risks causing physical, psychological, or emotional harm of a sexual nature. This may involve contact offences, online activity, grooming, exploitation, or any other conduct with a sexual element that creates a risk to others.
A Sexual Harm Prevention Order (SHPO) is not automatically made for offences involving indecent images. However, the court may impose one if it believes the individual poses a continuing risk of sexual harm and that restrictions are necessary to protect the public. This could include limits on internet use, contact with children, or travel abroad.
Yes. A Sexual Harm Prevention Order (SHPO) will appear on your criminal record as it is a court order. It will usually be disclosed on both standard and enhanced Disclosure and Barring Service (DBS) checks for the duration of the order, and in some cases beyond, depending on the circumstances.
How McArthur Solicitors Can Help
Being given a Sexual Harm Prevention Order can be an incredibly distressing experience, impacting your relationships, careers, and even travel opportunities.
If you have been issued an SHPO, it is vital to seek legal advice as soon as possible. Sexual Harm Prevention Order removal is possible
The team at McArthur solicitors are experts in defending against sexual offence charges, including Sexual Harm Prevention Orders. We have a wealth of experience in putting together strategies to help vary and discharge SHPOs, and can support you in providing clear, strategic advice on challenging unjust conditions or applying for review.
