A Sexual Harm Prevention Order (‘SHPO’) may be imposed by Magistrates’ Courts and Crown Courts where it is considered that an individual may impose a risk of sexual harm to the general public, a certain group of people or individual person(s).
If you are served with, or anticipate being served with, any Notice of any nature relating to a SHPO it is imperative that you seek immediate expert guidance.
Our team is here to assist you. Please feel free to call us for an initial no obligation confidential discussion:
John Veale of Kangs Solicitors comments upon the nature of and procedure to obtain an SHPO.
Application and Grounds | Kangs Sexual Offences Defence Team
A SHPO may be granted where:
- the offence before the Court is one listed in schedule 3 or 5 of the Sexual Offences Act which includes all sexual offences, offences against the person, explosives and firearms offences and public order offences,
- the defendant is not guilty to the offence(s) charged due to insanity,
- the defendant is under a disability and has carried out the act which is the basis of the charge,
- the Court considers it is necessary,
- it is necessary to protect the public or any particular members of the public from sexual harm,
- it is necessary to protect children or vulnerable adults generally or particular children or vulnerable adults from sexual harm from the defendant outside the UK.
By application to the Magistrates’ Court by Chief Officer of Police or Director General of the NCA:
- where the defendant is a qualifying offender and since their first or subsequent conviction/caution for a sexual offence has
- acted in such a way as to give reasonable cause to believe that it is necessary for such aSHPO to be made and
- the Court is satisfied it is necessary for the purposes of providing public and personal protection of the nature described above.
The Effect of a SHPO | Kangs SHPO Defence Solicitors
- prohibits the defendant from such conduct as prescribed by the Court,
- will be effective for such fixed period as specified in the SHPO, at least five years or until further order,
- can be an Interim Order,
- may prevent foreign travel and include a notification requirement of residence etc.,
- can be appealed, but if the appeal is unsuccessful, can only discharged within five years of it being made by agreement of the parties.
Penalties For Breach | Kangs Sexual Offences Advisory Solicitors
- At a Magistrates’ Court, upon summary conviction, a maximum prison sentence of six months and/or a fine.
- At a Crown Court, upon conviction on indictment, a maximum prison sentence of five years.
How Can We Help? | Kangs National Sexual Offences Defence Solicitors
At Kangs Solicitors we are able to assist and if you wish to discuss any aspect of an allegation of a sexual offence please contact our team through any of the following: