A Sexual Harm Prevention Order (SHPO) is a court order made in the UK to protect the public — or others — from sexual harm. SHPOs restrict an individual who has been convicted of a sexual offence or has shown risk-taking behaviour, even if they haven’t committed a crime. They’re there to control risk and stop further harm.
SHPO’s are civil orders but to break one is a crime. They can be made against any person over the age of 10, and the conditions to be included in the order will be in accordance with the individual’s history, conduct, and risk level. The court determines what restrictions are necessary based on the available evidence.
What Conditions Can Be Placed?
An SHPO may cover any condition the court feels is required to prevent others from being sexually harmed. These orders are usually designed to prevent certain behavior, restrict contact with vulnerable people, or regulate access to certain locations or sites on the internet.
Typical conditions involve prohibitions from contacting specific individuals, the use of social media, entering close proximity to schools or parks, or possession of devices with access to the internet without permission. The duration and extent of each condition may differ — some are for a specified amount of time, while others are open-ended.
The police and probation services regularly monitor those who are under a SHPO. They could have to attend frequent check-ins or provide devices for inspection. A violation of any condition is considered a criminal offence and can mean a prison sentence.
Who Requests the Order and When?
SHPOs may be applied for by police, prosecutors, or courts. In some instances, an application is considered at the time of sentencing after a person has been convicted of a sexual offence. But one can also be applied for independently if there is evidence that someone is a risk for sexual harm — even if they have not been found guilty of an offence.
Courts will look back at the individual’s previous behaviour, police reports, or other risk evaluations when making the determination of whether an order is warranted. There needs to be sufficient evidence present that demonstrates restrictions are required to avoid future harm.
When issued, the conditions of the order are enforceable through law. It should be pointed out that SHPOs are not intended as a penalty but as a safeguard. They coexist with other measures such as notification under the Sex Offenders Register and are part of an overall strategy to control offenders and safeguard the public.
Review, Variation, and Removal
SHPOs are available to be examined and amended if the situation changes. Either the person subject to the order or the police may seek to vary or discharge it. For instance, if an individual is able to demonstrate that their behaviour has altered and no longer presents a threat, they can request the court to lessen or remove the restrictions.
But courts will only consent to modifications if they’re sure the risk has diminished. Any request must be backed by evidence, including probation service reports, mental health reports, or other applicable data.
It is also possible for a condition to be challenged if initial conditions are perceived to be too wide or vague. Judges should ensure restrictions are proportionate, well-defined, and enforceable. An uncertain or onerous condition can be deleted or amended.
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