What Is A Sexual Harm Prevention Order?
Understanding SHPOs and Their Impact Under UK Law
A Sexual Harm Prevention Order (SHPO) is a crucial legal tool in the UK’s ongoing efforts to protect the public from sexual offences. At Eventum Legal, we understand that legal terminology can often be confusing, especially for those directly affected.
This article explains exactly what an SHPO is, why it might be imposed, the potential impact on individuals, and the legal options available if you are subject to one.
What Is a Sexual Harm Prevention Order (SHPO)?
A sexual harm prevention order (shpo) is a civil order made by a court to restrict the behaviour of someone who is considered to pose a risk of sexual harm.
Introduced under the Sexual Offences Act 2003, SHPOs are part of a wider legal framework designed to protect individuals and communities from those who may re-offend.
The order can be made following a conviction for a sexual offence, but it can also be applied in situations where a person has not been convicted but is believed to pose a significant risk.
The Purpose Behind SHPOs
The main purpose of an SHPO is to prevent sexual harm before it occurs. These orders are tailored to the specific risk posed by an individual and can be applied to adults and young people.
By imposing legally binding restrictions, the authorities aim to disrupt patterns of behaviour that could lead to further offences, ensuring that vulnerable people, particularly children, are protected from harm.
How SHPOs Differ from Previous Orders
Before introducing SHPOs, courts could impose Sexual Offences Prevention Orders (SOPOs) and Foreign Travel Orders. However, SHPOs were introduced to consolidate and improve upon these earlier measures.
Unlike their predecessors, SHPOs offer greater flexibility and can be applied in a broader range of circumstances, including cases without a formal criminal conviction.
When and Why Are SHPOs Issued?
SHPOs can be issued by a court either at the time of sentencing for a sexual offence or as a standalone civil order if the police or National Crime Agency believe someone poses a significant risk. The law empowers courts to intervene pre-emptively to prevent harm, even when an individual has not been convicted but has demonstrated behaviours or patterns that cause concern.
Who Can Apply for a Sexual Harm Prevention Order?
The police or other law enforcement agencies typically make applications for SHPOs. The application will set out the grounds on which the order is sought, detailing the individual’s previous behaviour and the perceived ongoing risk.
The subject of the application has the opportunity to respond in court, and a judge will decide whether the order is necessary and proportionate to protect the public or particular individuals from sexual harm.
Typical Scenarios That Lead to an SHPO
Cases that result in an SHPO are diverse. Some orders are made at the point of conviction for offences such as sexual assault, indecent images offences, or child grooming.
Others arise from intelligence gathered by police that indicates someone is engaging in risky behaviour, such as contacting minors online or visiting places where children are present, without there having been a formal criminal case.
Key Restrictions and Conditions Under an SHPO
SHPOs are tailored to each case and may impose various restrictions. These might include prohibiting an individual from living with children, using certain internet-enabled devices, or travelling to specified locations. The goal is always to address specific risks and to prevent further offending.
Common Prohibitions: What Can Be Restricted?
Typical conditions might include restrictions on contact with children under a certain age, limits on internet access, or bans on visiting particular places such as schools, playgrounds, or leisure centres.
In some cases, the order might prohibit overseas travel or require the individual to surrender their passport to prevent them from travelling to countries with weaker child protection laws.
Examples of SHPO Conditions In Practice
The conditions attached to an SHPO will vary widely depending on the individual case. For example, someone convicted of online offences may be required to allow police to monitor their electronic devices and online activity.
Others might be prohibited from undertaking certain types of work, especially unsupervised contact with minors. The flexibility of SHPOs ensures that the court can craft adequate, proportionate safeguards.
How Long Does An SHPO Last?
The length of an SHPO will depend on the specifics of the case. The law sets a minimum term of five years, but in some cases, the order may remain in force indefinitely. The court will consider how long the restrictions are likely to be necessary, bearing in mind both public safety and the individual’s right to a private and family life.
Minimum and Maximum Duration
While the minimum duration is five years, some conditions, such as those relating to foreign travel, may have shorter periods and can be renewed if necessary. In rare cases, an SHPO can remain in effect for life if the risk is deemed ongoing and severe.
Reviewing and Extending an SHPO
An SHPO can be reviewed and varied if circumstances change, but the subject of the order, or the police, must apply to the court for this to happen. The court will only remove or reduce conditions if the risk of harm has diminished sufficiently.
What Happens If You Breach an SHPO?
Breaching the terms of an SHPO is a criminal offence. The police take breaches seriously, and individuals who commit breaches can be arrested and prosecuted. The penalties can be severe if convicted of a breach, including up to five years imprisonment.
Courts may also impose further restrictions or additional conditions.
Legal Consequences and Penalties
A conviction for breaching an SHPO results in a criminal record and can significantly affect employment, travel, and personal reputation. The court may view a breach as evidence that the individual poses an ongoing risk, making it harder to have the order removed or varied in the future.
Real-World Case Examples
There have been cases where individuals breached their SHPO by accessing the internet without permission or failing to notify police of address changes. In these instances, courts have imposed custodial sentences, reflecting the seriousness with which such breaches are viewed.
How to Challenge, Vary, or Discharge an SHPO
Anyone subject to an SHPO can appeal the order if they believe it is unfair or disproportionate. Appeals from the Magistrates’ Court must be lodged within 21 days, while Crown Court decisions can be challenged in the Court of Appeal.
It is also possible to apply for a variation or discharge of the order if there is a significant change in circumstances.
The Appeal Process Explained
An appeal or application for variation will involve a hearing before a judge, where the individual and the police can present evidence. The court will decide whether the SHPO remains necessary and proportionate.
When and How Orders Can Be Changed or Removed
The court can remove or adjust the conditions of an SHPO if it is satisfied that the level of risk has changed. However, the minimum period before discharge is generally five years, unless both parties agree otherwise.
The Impact Of An SHPO On Daily Life
Being subject to an SHPO has far-reaching consequences. Many individuals find that employment opportunities are limited, particularly in roles involving children or vulnerable adults. Travel can be restricted, and the order must be disclosed in certain circumstances, including job applications and visa requests.
Employment and Travel Restrictions
Employers and authorities may be informed of an SHPO, which can affect job prospects. International travel is often limited, especially if the order includes a travel restriction.
SHPOs and Disclosure: What Must Be Declared?
The existence of an SHPO forms part of an individual’s criminal record and must be declared when required by law. This can have ongoing effects on personal and professional life.
Frequently Asked Questions About SHPOs
We are often asked whether SHPOs are permanent, how they can be challenged, and what steps can be taken to mitigate their effects. Each case is unique, and our team at Eventum Legal can provide tailored advice based on individual circumstances.
How Eventum Legal Can Help With Sexual Harm Prevention Orders
If you or a loved one is subject to a sexual Harassment Prevention Order or is concerned that you might become the subject of one, our experienced legal team is here to help. We offer confidential advice, representation in court, and ongoing support throughout the process.
At Eventum Legal, we are committed to safeguarding your rights while ensuring compliance with the law. We work tirelessly to achieve the best possible outcome for every client.
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