Kangs Solicitors has successfully represented a client before Guildford Crown Court who wished to obtain the variation of a Sexual Harm Prevention Order which was imposed in October 2015.

Helen Holder of Kangs Solicitors reports on the circumstances.

The Circumstances | Kangs Solicitors Sexual Offences Team

  • Our client was made the subject of a Sexual Harm Prevention Order after being convicted of charges relating to indecent images.  The Order was to last until further Order. 
  • A conviction will not be spent while a Sexual Harm Prevention Order (‘a SHPO’) is still in place and would therefore always show on a basic DBS check.
  • Our client wished to make an application to vary the SHPO due to practical impacts it was having on his life. 

The Law | Kangs Criminal Law Advisory Team

A SHPO is an Ancillary Order sometimes made by the Court following a conviction for offence(s) as determined by legislation. 

The test for the Court to make a SHPO is that:

  • the offender presents a risk of sexual harm to the public (or particular members of the public) and
  • it is necessary to protect against this risk. 

A SHPO will contain a list of prohibitions which will prevent 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 for which custody can be imposed. 

Section 103E of the Sexual Offences Act 2003 states:

‘(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 103A(4), that officer.’

Therefore, it is possible for the person subject to a SHPO 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 the conduct of and events in his life since the Order was made, the effect of the Order upon him and his reasons for wanting it to be varied. 
  • Contact was made with our client’s Offender Manager who was supportive of the application for the Order to be given a set length.
  • A full written application along with a supporting bundle of documents were prepared and served on the Court, the prosecution and the police. 
  • Experienced Counsel was instructed on our client’s behalf to make oral application before the Court. 

The Successful Result | Kangs Criminal Defence Team  

  • Due to the detail and documents prepared by Kangs Solicitors and presented by Counsel orally at Court, the presiding Judge granted the application and amended the Order from one of indefinite duration to one of ten years. 
  • Our client was extremely happy with the success of his application and that the Order now has an end date with little under four years left to run. 

How Can We Help? | Kangs Sexual Offences Defence Solicitors

Kangs Solicitors has a proven track record in successfully assisting clients who seek to challenge / vary ancillary orders that are imposed as part of the sentence for a variety of cases including sexual offences and harassment offences 

It is essential to instruct experienced solicitors to assist in the making of any application to ensure that the very best possible submissions are made and the application prepared thoroughly.

Arrangements can be made to meet at any of our offices by calling as follows:

Please feel free to contact our team through any of the following who will be happy to speak to you and guide you:

Helen Holder
0121 449 9888 | 0161 817 5020

Suki Randhawa
0121 449 9888 | 020 7936 6396

Amandeep Murria
0161 817 5020 | 0121 449 9888