Kangs Solicitors has successfully represented, before Worcester Crown Court, a client who wished to obtain the discharge of a Sexual Harm Prevention Order (‘SHPO’) which was imposed in 2015.
Helen Holder of Kangs Solicitors reports on the circumstances.
Kangs Solicitors has vast experience representing clients facing issues involving sexual allegations of every conceivable nature and we are highly commended by the leading law directories, The Legal 500 and Chambers & Partners for our work on behalf of our clients.
For an initial no obligation discussion, please call our team at any of our offices detailed below:
The Circumstances | Kangs Solicitors Sexual Offences Defence Team
- Our client was made the subject of a SHPO in September 2015 after being convicted of charges relating to indecent images. The Order was set to last for a period of ten years.
- A conviction will not be spent while a SHPO is still in place and would therefore always show on a basic DBS check.
- Our client wished to make an application to revoke the SHPO due to the adverse impacts it imposed on his life.
The Law | Kangs Criminal Law Advisory Team
A SHPO is an Ancillary Order made by the Court following a conviction for various offences listed by legislation.
The court has to be satisfied when making an Order that:
- the offender presents a risk of sexual harm to the public (or particular members of the public) and
- an Order is necessary to protect against this risk.
The Order will contain a list of prohibitions imposed upon the offender preventing actions such as access to internet enabled devices or contact with children.
A SHPO will last for a minimum length of five years and can be ordered to last indefinitely. It is also a criminal offence to breach a SHPO and doing so may result in imprisonment.
Section 103E of the Sexual Offences Act 2003 states:
SHPO’s: variations, renewals and discharges
(1) ‘A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant resides;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area;
(d) where the order was made on an application by a chief officer of police under section 103 A (4), that officer.’
Therefore, it is possible for the person subject to the Order to make an application to the Court for it to be varied or discharged.
How We Assisted Our Client | Kangs Sexual Orders Applications Team
- Full instructions were taken from our client in relation to his conduct and relevant events in his life since the Order was made, the effect of the Order upon the manner in which he was able to conduct his life and his reasons for wanting it to be revoked.
- Documents were obtained from third parties in support of the application;
- Contact was made with our client’s Offender Manager who was supportive of the application.
- A detailed comprehensive application was prepared together with a supporting bundle of documents which were served on the Court, the Prosecution and the Police.
The Successful Result | Kangs Criminal Defence Team
- Having considered the detailed application and documents prepared by the team at Kangs Solicitors, the presiding Judge decided that no hearing was necessary and he immediately discharged the Order administratively.
- The effect of an Order being discharged is that the conviction is immediately deemed spent and should not show on a basic DBS certificate.
- Our client was delighted with the result achieved for him by Kangs Solicitors and which now enables him to pursue his life free of the burden of the SHPO.
How Can We Help? | Kangs Sexual Offences Defence Solicitors
Kangs Solicitors has a proven track record in successfully assisting clients who seek to challenge ancillary orders imposed following sentence for a variety of offences including sexual and harassment offences.
Arrangements can be made to meet at any of our offices in Birmingham, London and Manchester.
Please feel free to contact our team through any of the following who will be happy to speak to you and guide you: