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What is a sexual harm prevention order?

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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:

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.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"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".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.