Sexual harm prevention orders
Produced in partnership with Stan Reiz QC of 2 Bedford Row

The following Corporate Crime practice note produced in partnership with Stan Reiz QC of 2 Bedford Row provides comprehensive and up to date legal information covering:

  • Sexual harm prevention orders
  • Key features of SHPOs
  • What are SHPOs?
  • When can SHPOs post conviction be made?
  • Duration of a post conviction SHPO
  • Notification requirements
  • Grounds for making an SHPO post conviction
  • Practical tip
  • Procedure for applying for a conviction-based SHPO
  • Practical tip
  • More...

Sexual harm prevention orders

This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). See Practice Note: Sentencing Code for further information.

SA 2020, Ch 2 Pt 10 provides for sexual harm prevention orders (SHPOs) to be made by the court where it deals with a defendant (ie following conviction) for specific types of offences. The provisions of SOA 2003, as amended by the Anti-Social Behaviour, Crime and Policing Act 2014 (ABCPA 2014), and SA 2020, at SOA 2003, ss 103A to 103K, govern the making of SHPOs otherwise than in connection with a conviction ie where:

  1. a court finds a person not guilty of a specified sexual or violent offence by reason of insanity

  2. a court finds that the defendant is under a disability and has done the act charged against the defendant in respect of such an offence, or

  3. on the application of the police in respect of a qualifying offender who poses a risk to the public

This Practice Note is concerned primarily with the making of SHPOs as part of the sentencing process on conviction.

For information on sexual risk orders (SROs) which are also not part of the sentencing process but may be sought by way of complaint to a magistrates’ court against an individual who is thought to pose a risk of

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