Sexual Harm Prevention Orders (SHPOs)

A Sexual Harm Prevention Order (SHPO) is an order that can be imposed by a Magistrates' Court or a Crown Court to any person who is considered to be a sexual risk to another individual or to the general public as a whole. The order can be imposed following a conviction of a number of sexual offences and aims to offer protection to the public.

The following article explains Sexual Harm Prevention Orders more thoroughly, detailing when they can be issued, how long they can last and what will happen if the terms of the order are breached by the offender.

When can a Sexual Harm Prevention Order be imposed?

An SHPO can be issued against a person who receives a conviction or even just a caution for any sexual offence that is listed in Schedule 3 of the Sexual Offences Act 2003. This includes offences such as rape, incest or the sexual abuse or assault of a child.

The SHPO may also be imposed against a person convicted of crimes listed under Schedule 5 of the Sexual Offences Act 2003, which includes offences such as murder, kidnapping and manslaughter.

The law does not stipulate that the offence must have been committed in the UK and so international crimes may also lead to an offender being issued an SHPO.

What is the role of the SHPO?

The role of the SHPO is to protect individuals and the wider public from the risk posed by those convicted of sexual crimes. If the SHPO has been imposed against a person, they will be prohibited from doing anything that is listed under the order, including specific behaviours, attending certain locations and contacting named people.

The SHPO will only be imposed if a court deems it necessary to:

• Protect the general public or any individual person from sexual harm because of the risk posed by the offender
• Protect children and vulnerable adults from a risk of sexual harm outside the UK

The SHPO may also prohibit the offender from working in certain jobs and at specific locations. Contents of a Sexual Harm Prevention Order can be wide ranging and varied to protect against a variety of risks.

The SHPO will be recorded on the police national computer and does not get removed, even if the order is spent. This means that the SHPO can be mentioned in any future criminal proceedings that are brought against the offender, even if the order is spent.

Offenders who have an SHPO are also required to inform their employers about the order, as well as educational establishments and insurance companies. Once the order becomes spent, these disclosures will not be necessary unless the job role is exempt from the Rehabilitation of Offenders Act.

If the offender who receives the SHPO isn't already listed on the Sex Offenders' Register, their details will be added. This will lead to additional prohibitions which will include disqualification from working with children and the necessity to be subject to notification requirements for as long as the SHPO runs. Notification requirements mean that the offender must register with the police within three days of being released from prison or within three days of being convicted. They must declare any travel intentions with the police and provide up to date name, address and contact details at all times or face penalties for breaching the terms of the SHPO.

When would a court decide to issue an SHPO against an offender?

A court may decide to issue a Sexual Harm Prevention Order during the sentencing of an offender, or if a complaint is received about a person who has already been convicted of one of the crimes mentioned above. If the court believes that there is a risk that the offender may reoffend or that they pose a real risk to an individual or the general public of sexual harm, the court may consider it necessary to issue to SHPO to ensure protection against sexual attacks.

Before the decision being made to impose a the SHPO, the court will review a thorough risk assessment of the offender. This is to ensure that the SHPO is only issued where necessary. Any person who has been convicted of a sexually related crime or who has received a caution, an offender who has received a final warning or reprimand or a youth offender who has received a final youth caution for an offence relating to sexual crimes may receive an SHPO.

An SHPO can be issued against a person as young as ten years old as this is the age that is recognised as being criminally responsible. If the offender is younger than 18, the decision to impose an SHPO will be more thorough, and the order will only be issued in exceptional cases. The SHPO will only be imposed once the court is satisfied that the offender poses a future risk of sexual harm to others and that the SHPO will effectively serve to protect the wider public.

How long will a Sexual Harm Prevention Order last?

The minimum lifespan of an SHPO is five years, but there is no maximum time that the order can run for. If the contents of the order has restrictions relating to international travel, the law requires these restrictions to be reviewed every five years.

What are the penalties for breaching the terms of a Sexual Harm Prevention Order?

If the offender breaches any of the terms that are set out in the SHPO, they will be subject to a separate penalty, and this is likely to result in a prison sentence. If convictions were previously made in a Magistrates' court, the maximum sentence for breaching the SHPO terms would be six months in prison, along with a fine. However, if the conviction was made in a Crown Court, the maximum sentence increases to five years in prison and a larger fine.

Can an appeal be made against a Sexual Harm Prevention Order?

Appeals are possible and can be made against the decision to impose a Sexual Harm Prevention Order. The offender can appeal to have the decision overturned or to have the contents of the order varied. The appeal application would be made to the police, who can review it and determine whether the order should be amended, discharged or renewed.

If an appeal is made to have the SHPO discharged, the applicant must demonstrate that there has been a significant change in circumstances and to have a realistic chance of the appeal being successful, specialist legal advice should be sought.