Sexual Harm Prevention Orders

Understanding Sexual Harm Prevention Orders (SHPOs)

A Sexual Harm Prevention Order (SHPO), previously known as a Sexual Offences Prevention Order (SOPO), is a civil order imposed by the court to protect the public from individuals deemed to pose a risk of sexual harm. SHPOs can be applied following a conviction for a relevant sexual offence or, in certain cases, based on alleged behaviour that did not result in prosecution. 

Key Points About SHPOs:

• Application Without Conviction: SHPOs can be sought even if there is no conviction, based solely on alleged behaviour that the police or social services consider troubling.
• Conviction-Based Orders: When imposed following a conviction, SHPOs aim to manage the risk posed by the individual to prevent future sexual harm.
• Risk Assessment: The court must be satisfied that the individual presents a risk of sexual harm to the public or specific individuals and that the order is necessary to mitigate this risk.

Conditions Imposed by SHPOs:

The conditions attached to a SHPO are tailored to the specific circumstances of the case and may include:

• Prohibitions: Restrictions on certain activities, such as contact with children, use of the internet, or possession of devices capable of storing digital images. 
• Positive Requirements: Obligations to comply with supervision by a public protection unit or to notify authorities of changes in personal circumstances.
• Duration: The minimum duration for a SHPO is five years, but it can be extended indefinitely if deemed necessary.

Challenging or Discharging a SHPO:

Individuals subject to a SHPO have the right to apply to the court to vary or discharge the order. Applications can be made at any time, but if the order was imposed within the last five years, the consent of the Chief Constable is required to discharge it in full. After five years, the court can discharge the order without police consent. The court will consider factors such as the individual’s current risk level and whether the conditions remain necessary and proportionate. 

Consequences of Breaching a SHPO:

Failure to comply with the conditions of a SHPO is a criminal offence and can result in imprisonment for up to five years. Allegations of breaches are investigated by way of a police interview, either whilst under arrest or by voluntarily attending the police station. It is important to instruct a Solicitor at the outset of the investigation in order to ensure the best possible outcome. We have a team of Solicitors available to attend the police station and provide representation at court, should you be charged.