In recent years, UK laws have been tightened up to better protect people from sexual harm. One of the measures introduced to do this is the sexual harm prevention order (SHPO). This legal document can be issued by a court if it believes that someone presents a risk of committing such an offence in the future.

This article will explain what a SHPO is and how it works in more detail, as well as look at some of the implications for those who are subject to one. We’ll also provide an overview of other measures being taken in the UK to help prevent sexual offences from happening.

What is a sexual harm prevention order (SHPO)?

When an offender is released from prison, they may be subject to a sexual harm prevention order (SHPO). This is a court order that aims to protect the public from further sexual harm by the offender. The order may place restrictions on the offender’s activities and who they can contact. It may also require the offender to undergo treatment for their sexual offending.

Who can apply for a sexual harm prevention order?

A sexual harm prevention order (SHPO) is a civil order that can be made by a court in England and Wales to protect the public, or any particular person or persons, from sexual harm.

The main purpose of a SHPO is to protect the public from serious sexual harm by:

– restricting the activities of an offender

– preventing an offender from having contact with specified people or being in certain places

– requiring an offender to notify the police of their personal details and any changes to them

– prohibiting an offender from engaging in specified activities.

A SHPO can only be made if the court is satisfied that there is a significant risk of serious sexual harm being committed by the offender and that making the order would be necessary and proportionate to protect people from that risk.

What are the conditions of a sexual harm prevention order?

A sexual harm prevention order (SHPO) is a court order made in England, Wales or Northern Ireland. The order is made to protect the public, or particular members of the public, from harm caused by the offender’s sexual behaviour.

The conditions of a SHPO vary depending on the case but can include:

• prohibiting the offender from having any contact with specified people
• prohibiting the offender from entering specified places
• requiring the offender to notify the police of their personal details and any changes to these details
• requiring the offender to surrender their passport to the police

Breaching a SHPO is a criminal offence punishable by up to five years’ imprisonment.

How long does a sexual harm prevention order last?

A sexual harm prevention order (SHPO) is a court order made under the Sexual Offences Act 2003. The main purpose of a SHPO is to protect the public from sexual harm by restricting the activities of offenders who pose a risk of causing sexual harm.

SHPOs are made by the courts following an application by the police or Crown Prosecution Service. An offender can be made subject to a SHPO if they have been convicted of a sexual offence, or if they have been found not guilty by reason of insanity or mental incapacity in relation to a sexual offence.

The restrictions that can be imposed by a SHPO vary depending on the individual case, but may include restrictions on:

• Contact with children or vulnerable adults
• Doing paid or unpaid work that involves contact with children or vulnerable adults
• Being in certain places where children or vulnerable adults are known to congregate (e.g. schools, parks, leisure centres)
• Using the internet or other digital communications networks

typically last for at least 5 years, but can be imposed for an indefinite period. An offender can apply to have a SHPO lifted after 5 years, but they must demonstrate to the court that they no longer pose a risk of causing sexual harm.

What are the consequences of breaching a sexual harm prevention order?

If you breach a sexual harm prevention order, you could be fined or sent to prison. You may also have to register as a sex offender.

Are there any other restrictions associated with a sexual harm prevention order?

A sexual harm prevention order (SHPO) can last for any length of time, but usually lasts for at least 5 years. There are a number of conditions that can be attached to an SHPO, such as:

• not being allowed to contact or attempt to contact the victim
• not being allowed to go to certain places where the victim is likely to be found
• being required to notify the police of any changes in your personal details (such as your name or address)
• being required to comply with any other conditions that the court thinks are necessary to protect the public or the victim from serious sexual harm.

When is an SHPO issued?

An SHPO is issued when an offender is convicted of a sexual offence and the court considers that there is a risk of them causing sexual harm to others in the future. The order can last for any length of time, but must be reviewed at least every 12 months.

The order will contain conditions that the offender must comply with, such as not being alone with children or vulnerable adults, and not using the internet to access pornography. Breaching an SHPO is a criminal offence punishable by up to five years in prison.

When does the court impose a SHPO?

A SHPO can be imposed by the court if it believes that the offender presents a risk of sexual harm to the public, or to any specific individual or individuals. The order will set out the conditions with which the offender must comply, and may last for an indefinite period. Breach of a SHPO is a criminal offence punishable by up to five years in prison.

What other implications are there if you receive an SHPO?

If you are made subject to a Sexual Harm Prevention Order (SHPO) it will have a number of conditions attached to it which must be adhered to. These can include:

– Not to contact, or attempt to contact, the victim directly or indirectly

– Not to go within a certain distance of the victim’s home or workplace

– To surrender your passport to the police

– Not to use social media or the internet in a way which could lead to sexual harm being caused to another person

– To comply with any requirements imposed by the local authority in relation to housing

– To notify the police of any change of name or address

– To notify the police of any change of job or employer

failure to comply with the terms of an SHPO can result in a prison sentence of up to five years.

Does a sexual harm prevention order require guilt?

In the UK, a sexual harm prevention order (SHPO) is a court order that can be imposed on an individual to protect the public from sexual harm. The purpose of an SHPO is to prevent an individual from committing acts of sexual violence and to protect victims and potential victims from sexual harm.

An SHPO does not require guilt in order to be imposed. The test for imposing an SHPO is whether the court believes that it is necessary, proportionate, and in the public interest to do so.

What kinds of offences can lead to a sexual harm prevention order?

A sexual harm prevention order (SHPO) can be imposed by the police or courts if they believe that an individual poses a risk of sexual harm to the public, or to any particular individual or group of individuals. The order may place restrictions on the offender’s activities and require them to notify the police of their whereabouts.

Offences that can lead to a SHPO being imposed include:

• rape
• sexual assault
• voyeurism
• exposure
• taking indecent photographs or films
• making, possessing or distributing indecent photographs or films
• inciting another person to commit a sexual offence
• grooming a child for sexual purposes.

What are the common conditions of a SHPO?

If you are made the subject of a Sexual Harm Prevention Order (SHPO), it will contain conditions that prohibits you from doing certain things that could pose a risk of sexual harm to the public, or any particular individual or group of individuals. The order is designed to protect the public – and not just one individual – from your behaviour.

The conditions of an SHPO can vary considerably depending on the case, but some common conditions include:

• Prohibiting you from having any contact with children under the age of 16
• Not being allowed to work with children in any capacity
• Being required to disclose your full name, date of birth, home address and national insurance number to the police
• Not being allowed to use social media sites or chatrooms
• Being banned from entering specific places, such as schools, playgrounds or swimming pools

Breach of a Sexual Harm Prevention Order is a criminal offence punishable by up to 5 years in prison.

What happens if you breach a sexual harm prevention order?

If you breach a sexual harm prevention order, you may be arrested and convicted of a criminal offence. The maximum penalty for breaching a sexual harm prevention order is five years’ imprisonment.

Can the conditions of a SHPO be changed or appealed?

Yes, the conditions of a SHPO can be changed or appealed. If you think that the conditions of your SHPO are too onerous, you can apply to the court to have them varied. If you breach a condition of your SHPO, you can be arrested and brought back to court.

Conclusion

In summary, a Sexual Harm Prevention Order (SHPO) is an important legal tool available to the police in England and Wales that can be used to protect vulnerable people from sexual harm. It allows the police to impose particular restrictions on certain individuals who may pose a risk of doing serious sexual harm. The SHPO helps keep us safe by preventing those with a propensity towards sexual harm from carrying out their intentions, thus protecting potential victims.

26 December 2022