Sexual Harm Prevention Order

SHPOs can be used to place prohibitions on an individual in cases where the individual has a previous sexual conviction and where the Court is satisfied that the risk posed by that individual requires restrictions on behaviour to prevent further sexual offending.

With the passing of the Police Crime and Sentencing Bill in 2022 there will also be the ability to place certain positive obligations on the individual as well as restrictions.

There are two types of SHPO:

• Criminal or bolt on SHPOs are the first and most common. These are applied for at point of sentence or conviction for a sexual offence in a criminal court.
• Civil SHPOs are applied for by the Police to the Magistrates’ Court sitting in its civil capacity. These do not involve any criminal proceedings.

The implications of being subject to a SHPO are not just that a person has to abide by the terms of the order but also that whilst subject to a SHPO they will also become liable to Sex Offender Registration requirements.

Other notable things about SHPOs are: 

• A person can only be subject to one SHPO at a time, this includes their predecessor, Sexual Offence Prevention Orders (SOPOs)
• The minimum term for a SHPO is five years but they can be made to last indefinitely
• A person subject to a SHPO cannot apply for a review of their indefinite registration requirements

This means that an order cannot be discharged within five years of it being made without the agreement of both parties.  An application for variation may be made by ether the person subject to the order or by the Police during this time. 

Breach of the conditions of a SHPO is a criminal offence and is punishable by up to five years imprisonment.