Sexual Harm Prevention Orders (SHPO) and Sexual Offences Prevention Orders (SOPO) Lawyers

Has a Sexual Harm Prevention Order (SHPO) or Sexual Offences Prevention Order (SOPO) been made against you? Do you wish to vary or discharge the order, or simply better understand what it means for you and your rights?

If so, it is extremely important that you instruct an expert SOPO/SHPO Defence Lawyer to give you the best possible chance of achieving a successful outcome.

Clifford Johnston & Co. has an experienced and decisive team of Serious Crime Solicitors, who have provided the highest standard of criminal case representation for 30 years across England and Wales.

We are here to provide immediate legal advice and guidance to clients facing serious, life-changing allegations, helping them navigate complicated areas of the law that can be distressing and overwhelming.

Our Criminal Law Defence Solicitors have been recognised on numerous occasions, most recently as shortlisted finalists for Crime Team of the year at the Manchester Legal Awards.

The Court can make a Sexual Harm Prevention Order (SHPO) where a Chief Officer of Police or the Director General of the National Crime Agency applies by complaint to a Magistrates’ Court. It is a civil measure taken by the police in an attempt to protect an individual or the general public from the risk of sexual harm.

A Sexual Harm Prevention Order can also be made in relation to a person who has been convicted of an offence listed in either Schedule 3 or Schedule 5 to the Sexual Offences Act 2003 either in the UK or overseas.  These offences include:

• Most sexual offences including rape and sexual assault of a child
• Making, possession or distribution of indecent images of children
• Incest
• Murder
• Manslaughter
• Kidnapping

Anyone who has been convicted or cautioned, received a reprimand, final warning or youth caution for a relevant offence can be considered for an SHPO if they are thought to pose a threat to the wider public or specific individuals.

A criminal conviction is not always necessary before a Court can imposes a SHPO. They can be made against any individual who has been convicted of a qualifying offence under the Sexual Offences Act 2003 but also can be made against an individual based exclusively on alleged behaviour which did not result in a  prosecution. Before making a SHPO, the court must be satisfied that the individual presents a risk of sexual harm to the public (or particular members of the public) and that an order is necessary to protect against such risk.

What is a Sexual Harm Prevention Order (SHPO)?

Sexual Harm Prevention Orders (SHPO) replaced Sexual Offences Prevention Orders (SOPO) and Foreign Travel Orders (FTO) in March 2015.

What does a SOPO/SHPO include?

The requirements of a SHPO are specific to the particular offence and/or alleged behaviour, and can vary enormously from order to order.

However, the conditions must be justified, proportionate and enforceable.

Prohibitions typically include:

• Must notify the police if you change name, address or plan to travel outside of the UK
• Restriction of travel overseas
• Limited internet use
• Police will be entitled to seize and check devices and internet history
• Restrictions on certain forms of employment
• Order must be disclosed to future employers and insurance providers

The police may go to your home without giving you notice, to ensure that you are complying with your conditions.

How long does a SOPO/SHPO last?

An SHPO lasts for a minimum of five years, with no maximum length.

Any restrictions placed on overseas travel must be reviewed after five years.

A SHPO becomes spent once the order has expired. However, please be aware on some employment forms there is a specific request for disclosure of all convictions including spent. In addition, it will always show up on an enhanced DBS check

What happens if you breach a sexual harm prevention order?

Breaching an order could lead to a fine, imprisonment, or both.

The maximum custodial sentence for breaching an SHPO is 5 years imprisonment, with the courts taking into account the nature of the breach and the harm caused when deciding upon the appropriate sentence.

For less serious breaches of SHPOs, community punishments or suspended sentences are often imposed.

If you have breached an order or believe your order to be unfit for purpose and disproportionate, please get in touch with our specialist solicitors today for the advice you need.

Can I have a SOPO/SHPO discharged or varied?

An individual who is subject to an SHPO is entitled to apply to vary the terms of the order or discharge it completely.  The Court will only do so if:

• The individual is no longer considered a risk to the public
• The order is disproportionate, unenforceable or unnecessary
• The risk to the public detailed is inconsistent with the wording and prohibitions listed in the order
• It infringes the individual’s legal or human rights
• The police are using it to circumvent procedures in other areas

This list is not exhaustive and there may be other circumstances which may provide compelling grounds to vary or discharge an SHPO.

If you think your order should be changed, get in touch with the team of SHPO specialists at Clifford Johnston & Co. today and we will help you better understand your rights and how best to proceed.

How Clifford Johnston & Co. can help

Due to the severity of the allegations involved with an SHPO, and the potential restrictions on your life, seeking representation and advice from lawyers with specialist knowledge of this complicated area of law is essential.

The sooner you receive expert advice, the sooner you can start to get your life back on track.

The tenacious solicitors at Clifford Johnston & Co have years of experience providing support to those who feel their SHPO is unjust, disproportionate and/or no longer necessary.

As a direct consequence of our decisive action, we have successfully discharged many SOPO/SHPO orders.

We have developed a reputation for understanding the circumstances of our clients and tailoring our approach to each individual, depending on what they need most from us and what their ideal outcome is. Of course, every enquiry is dealt with in an emphatic and confidential manner. Get in touch today and one of our dedicated team will get back to you.

Get in touch

Being subject to an SHPO can cause significant damage to your life. The effects can be far-reaching which is why immediate legal help is necessary.

We cannot stress enough the difference our advice and assistance could make to your quality of life and prospects for the future.

If you, or someone you know, needs help better understanding an SHPO, Clifford Johnston & Co. is available 24 hours a day to ensure that you can access the advice and representation that you need.

We offer a free initial consultation in complete confidence, and the details of the consultation and any future dealings with you will remain completely confidential.

We are rated Excellent (Category 1) by the Peer Review Team of the Legal Aid Agency, and are widely respected for our attention to detail, professionalism and client communication.

We are fully conversant with changes to the law which enables us to ensure that the advice you are given is current and clear.

Contact us today for advice that you can trust at a price which is affordable.