Understanding the Sexual Harm Prevention Order: Everything You Need to Know
If you’re facing accusations of sexual harm, it’s important to understand the legal consequences. In some instances, a Sexual Harm Prevention Order (SHPO) may be issued to protect the victim and the public. Let’s explore what exactly an SHPO entails and what it can mean for you.
What is a Sexual Harm Prevention Order (SHPO)?
An SHPO is a court order that’s issued in England and Wales under the Sexual Offences Act 2003. It’s designed to protect the public, including victims, from the harm that a sex offender can cause. It can be imposed alongside a custodial or non-custodial sentence.
Who can an SHPO be imposed on?
An SHPO can be imposed on anyone who’s been convicted, cautioned, or received a binding over order for a sexual offence. In some cases, an SHPO can be imposed on someone who hasn’t been convicted, but there’s evidence that they pose a risk of sexual harm.
What does an SHPO prohibit?
The content of an SHPO can vary depending on the case and the individual involved. However, an SHPO can prohibit the following:
– Contact with the victim
– Contact with children under 18
– Entry to specific places, such as schools or playgrounds
– Possession or use of a device capable of accessing the internet
– Possession of indecent images of children
– Participation in specific activities, such as filming, photography, or voluntary work with children
How long does an SHPO last?
The length of an SHPO will depend on the individual case and the judge’s discretion. It can last indefinitely or for a fixed period, typically ranging from two to ten years. Breaching an SHPO is a criminal offence and can result in imprisonment.
Are there any ways to appeal or vary an SHPO?
It’s possible to appeal an SHPO, but the process is complex and should only be attempted with legal advice and representation. It’s also possible to apply for a variation if there has been a fundamental change in the circumstances of the case since the original order was made.
Conclusion
If you’re facing accusations of sexual harm, it’s essential to understand the legal implications. In some cases, an SHPO may be issued alongside a sentence, prohibiting specific activities and contact. It’s worth noting that breaching an SHPO is a criminal offence. If you’re unsure about any aspect of an SHPO, it’s important to speak to a legal professional for advice and representation.