Sexual Harm Prevention Orders (SHPO)

A Sexual Harm Prevention Order (SHPO) is one of the most restrictive orders a court can impose. Often made following a conviction for a sexual offence, an SHPO places stringent, long-term conditions on your daily life, governing everything from your internet use to where you can live and work. The consequences of a breach are severe, leading to a prison sentence of up to five years. Challenging the imposition or the terms of an SHPO is a complex legal task that demands expert representation from a team that specialises in this niche area of law.

At Central Chambers Law, our senior legal consultants are experts in defending against SHPOs and other restrictive orders. We understand that the police and prosecution often propose conditions that are excessive, unnecessary, and disproportionate. Our function is to provide a formidable, strategic defence that protects your fundamental liberties. We are not general criminal lawyers; we are specialists with a deep understanding of the law surrounding SHPOs and how to successfully challenge them.

Understanding the Offence: What is a Sexual Harm Prevention Order?

A Sexual Harm Prevention Order (SHPO) is a civil order made by a court under the Sexual Offences Act 2003. Its purpose is to protect the public from sexual harm. The order is not a punishment for a past offence but is intended to prevent future risk.

An SHPO can be made in two situations:

1. On Conviction: At the point of sentence for a relevant sexual or violent offence.
2. As a Freestanding Application: The police can apply to a Magistrates' Court for an SHPO against someone in the community who they believe poses a risk of sexual harm, even without a new conviction.

For a court to impose an SHPO, it must be satisfied that you pose a risk of sexual harm to the public (or a particular part of the public) and that the order is necessary to protect against that risk.

Conditions can include a wide range of prohibitions, such as:

• Banning you from any unsupervised contact with children.
• Restricting your internet and device usage.
• Preventing you from going to certain places, like parks or schools.
• Imposing a curfew or exclusion zones.
• Requiring you to notify the police of your personal relationships.

The Legal Process: How an SHPO is Made and Challenged

When the prosecution applies for an SHPO, they will serve a notice outlining the proposed conditions. This is the critical moment to engage a specialist legal team. You have the right to object to the order being made and to challenge every single condition proposed. Simply accepting the prosecution's draft order without a fight can lead to years of unnecessary and oppressive restrictions.

The court will hold a hearing to decide whether an order is necessary and what its terms should be. The prosecution will present evidence to support their view of the risk you pose. Your legal team must present a powerful counter-argument.

How the Prosecution Builds a Case for an SHPO

The prosecution will build a case based on risk. They will use the facts of your conviction, along with any previous convictions or police intelligence, to argue that you pose a future danger.

Common evidence includes:

• The Original Offence: The details of the offence for which you were convicted will be the primary evidence.
• Previous History: Any past allegations or convictions will be used to demonstrate a pattern of behaviour.
• Probation and Risk Assessments: Reports from the Probation Service assessing your level of risk will be highly influential.
• Police Intelligence: Information held by the police, even if it has not led to a charge, can be presented to the court.

Why Central Chambers Law Provides the Definitive Defence

When your future liberty is at stake, the expertise of your solicitor is paramount. A general criminal lawyer will not have the specialist knowledge required to effectively dismantle a prosecution case for an SHPO.

Clients trust Central Chambers Law because we are masters of this specific legal field. Our reputation is built on our ability to meticulously scrutinise the prosecution's case and fight for fair and proportionate outcomes. Our strategic approach involves:

• Challenging the 'Necessity' Test: We rigorously challenge the core argument of whether an order is necessary at all. We present evidence to show that any risk can be managed through other means, such as standard licence conditions.
• Contesting Every Condition: This is the heart of our defence. We forensically examine each proposed term. Is it reasonable? Is it proportionate? Is it enforceable? We fight to have vague, excessive, or unworkable conditions deleted or re-drafted.
• Instructing Independent Experts: If the official risk assessments are unfair or flawed, we can instruct our own independent psychologists to provide a fresh, unbiased report for the court, presenting a more balanced view of your risk.
• Powerful Court Advocacy: Our lawyers are expert advocates, skilled at cross-examining police and probation witnesses and persuading the court to reject the prosecution's most oppressive proposals.

Our focused expertise means we are equipped to protect you from the most extreme restrictions and ensure any order made is fair and manageable.

Consequences of Breaching an SHPO

The consequences of breaching a Sexual Harm Prevention Order are extremely serious. A breach is a criminal offence in its own right.

• The maximum sentence for breaching an SHPO is 5 years' imprisonment.

Even a minor or unintentional breach can lead to your arrest, prosecution, and a significant prison sentence. This is why it is vital to ensure that any order imposed is clear, precise, and practical to follow from the outset.

Protect Your Future with an Expert Defence

A Sexual Harm Prevention Order can govern your life for years, long after a sentence has been served. The restrictions can impact your family life, your employment, and your personal freedom. A proactive, specialist defence is essential to ensure you are not subjected to an unjust and oppressive order.

Do not face this challenge alone. Contact our expert criminal defence solicitors immediately for a confidential consultation and take the first critical step in protecting your future liberty.

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