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If someone has an accusation or conviction of a sexual offence made against them, it can come with some serious consequences. Not only can you face a prison sentence, but there can be further orders against you including a Sexual Harm Prevention Order (SHPO) and notification requirements for the Sex Offenders Register.
In this blog, I cover everything you need to know about SHPOs, from restrictions and duration to breaches and appeals.
You should contact a criminal defence solicitor as soon as possible after an accusation or charge, to give you the best chance for a non-conviction or mitigation.
Looking to cut to the chase? You can book a consultation with me or request my attendance at a police station on 0203 007 5500.
What is a Sexual Harm Prevention Order?
A Sexual Harm Prevention Order is a court order that restricts you from doing certain things to keep the public safe from sexual harm.
The Order isn’t only applicable to those with a conviction. It also applies to those with a caution if the authorities feel the person poses a risk.
An SHPO can only apply behavioural restrictions. It can’t enforce recommendations for positive behaviours.
For example, if you have a conviction for indecent images, the Order can stop you from using the internet, but it can’t encourage you to attend sexual reform therapy.
Difference between Sexual Risk Order and Sexual Harm Prevention Order
A Sexual Risk Order and Sexual Harm Prevention Order are ultimately the same. However, a Sexual Risk Order is for someone who doesn’t have a conviction of a sexual offence but that the police consider to be a risk.
Another difference is that the Sexual Harm Prevention Order goes simultaneously with the Sex Offenders Register. But, as a Sexual Risk Order is for people with no conviction, they don’t necessarily have a requirement to follow the Sex Offenders Register notification process.
What is classed as sexual harm?
Sexual harm can include physical and non-physical contact of a sexual nature. This includes:
- Incest
- Indecent images
- Rape
- Sexual assault of a child
It’s important to note that an SHPO can apply to people with convictions of a non-sexual nature if the offence typically associates with sexual crimes. This includes:
- False imprisonment
- Kidnapping
- Murder
This is not an exhaustive list. Ultimately, the court decides when to apply an order if they feel it is proportionate to the crimes.
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Sexual Harm Prevention Order sentencing guidelines
Sexual Harm Prevention Orders often go hand-in-hand with a sexual offence conviction and so your overall sentence depends on the seriousness of your crime.
The order itself will align with your overall charge and either be in place for 5 years or indefinitely (also known as ‘Until Further Order’).
If the court still deems you as a risk to the public at the end of your order, they can extend it further.
Sometimes a Sexual Harm Prevention Order activates upon your release from custody. So even if you finish your sentence, it doesn’t mean the order no longer applies.
Sexual Harm Prevention Order conditions
The basis of the order and what it prohibits you from doing will be entirely tailored to your offence and what risk you pose to the public.
Common restrictions include:
- Internet limits or bans
- Curfews
- No visiting places where children gather e.g. schools and playgrounds
- No contacting specific people
- Travelling
Whatever the order contains it must be necessary to protect the public.
Sexual Harm Prevention Order register
There is no separate Sexual Harm Prevention Order register. When you have an order, the police add your name to the Sexual Offenders Register in which you have to follow the notification requirements.
Details of your Sexual Harm Prevention Order will also be on your criminal record and in the police database.
How to get rid of a Sexual Harm Prevention Order
The court treats sexual offence charges very seriously, and they can be difficult to navigate. This is why it’s imperative that you seek advice from a Criminal Defence Solicitor straight away.
Legislation allows for anyone to apply for a discharge, appeal or variation of their Order. To do this you need to apply to the Court in writing with your reasons and any relevant evidence. Following this, you may be heard in court.
If you apply before the 5-year mark, the Court cannot remove your Order without consent from your local Chief Constable or Police Commissioner. After the 5-year mark, the Court can make the sole decision.
Once the Order is in place, it can be extremely difficult to remove before the end date the court provides. As a Criminal Law Solicitor, I can work with you to either prevent the Order or appeal it.
Sexual Harm Prevention Order appeal process
A Sexual Harm Prevention Order will come from the Magistrates’ Court or the Crown Court. You can appeal the Order but must have reasonable grounds for the court to consider and be able to demonstrate a change in your life that reduces your risk to the public.
As there are no set criteria for an appeal, working with a Solicitor gives you the best chance of building a strong appeal case to present to the court.
If there’s no case for an appeal, you have the option to request a variation of your Order. The police may grant variations if you have any unnecessary conditions due to a change of circumstances. New conditions can also be added that can supplement the current Order.
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Breach of Sexual Harm Prevention Order sentencing guidelines
The police can arrest you if you breach the conditions of your Sexual Harm Prevention Order. You could face going back to Court where they may impose further restrictions or even move the end date.
Any breach of a Sexual Harm Prevention Order can result in a further criminal conviction and 5 years imprisonment.
Does a Sexual Harm Prevention Order appear on my criminal record?
Yes. A Sexual Harm Prevention Order appears on your criminal record, and whilst it is unspent, will appear on DBS checks.
Once the Order is spent, it will no longer appear on basic DBS checks but could appear on more comprehensive checks.
Even when your Order is spent, it can be referred to if you receive further criminal convictions.
How can an SHPO affect my life?
How the Order affects your life depends on your sentence as a whole. The conditions of your Order, your involvement in the Sex Offenders Register, and any prison time will all have an impact on different areas of your life.
Aside from the conditions set out in your SHPO, other impacted areas of your life can include your current/future employment and your relationships.
Your current job can dismiss you if you receive a prison sentence. The conditions of the Order may also mean you can’t actually do your current job, for example, if you work in an office but receive a ban on internet use. Your involvement with the Sex Offenders Register prevents you from working with children and vulnerable people.
Family life and relationships may stay the same and they could offer you support throughout the duration of your Order. However, it could be the opposite – trust may have broken down and people may hold prejudices towards your convictions.
A Sexual Harm Prevention Order can lead to life-changing consequences. As a Criminal Law Solicitor with years of experience working with sex offence cases, I can help you navigate the legal process and work with you to get the best result possible.
How can Britton and Time Solicitors help?
We know understand the life-changing impact of a sexual offence accusation. That’s why our initial consultations with our solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500.
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