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Breach of sexual harm prevention order

A Sexual Harm Prevention Order (SHPO) is a civil order imposed by a court in cases where individuals pose a risk of sexual harm to the public. SHPOs are often applied following a conviction for a sexual offence or in cases where there is a risk that an individual may commit such offences.

The conditions of a SHPO can be highly restrictive and are designed to prevent further offences. Breaching a SHPO is treated very seriously by the courts, often resulting in a custodial sentence.

At Allen Hoole Solicitors, we have extensive experience in defending clients accused of breaching SHPOs. As one of the largest criminal defence firms in the South West of England, we have a team of highly experienced solicitor advocates who can help navigate the complexities of these cases. Our resources and expertise give us a clear advantage when defending against such serious allegations.

Legal Framework of Sexual Harm Prevention Orders (SHPOs)

SHPOs are governed by the Sexual Offences Act 2003 and are imposed by a court when it believes that an individual poses a risk of sexual harm. The order can be imposed on individuals who have been convicted of a sexual offence or, in some cases, even where no conviction has occurred, but there is enough evidence to suggest a risk.

The conditions of an SHPO can include:

  • Restrictions on internet use, including the requirement to notify the police of any internet-enabled devices.
  • Prohibition from contact with specific individuals or groups (e.g., minors).
  • Geographical restrictions, such as staying away from schools or playgrounds.
  • Monitoring requirements, such as regularly reporting to a supervising officer.

The duration of an SHPO can be fixed or indefinite, and failure to comply with any of the conditions set out in the order constitutes a breach.

Consequences of Breaching a SHPO

A breach of a Sexual Harm Prevention Order is a criminal offence, and the penalties for such a breach can be severe. The courts view these breaches very seriously as they represent a failure to adhere to measures specifically put in place to protect the public from sexual harm.

The possible consequences of a breach include:

  • Imprisonment for up to 5 years (under Section 113 of the Sexual Offences Act 2003),
  • Fines,
  • Community orders or other penalties depending on the severity of the breach.

In practice, breaches of SHPOs frequently result in custodial sentences, particularly when the breach demonstrates an ongoing risk to the public. Repeat breaches are likely to lead to longer prison terms.

Available Defences for Breaching a SHPO

At Allen Hoole Solicitors, we understand the complexities surrounding breaches of SHPOs and work closely with clients to provide the best possible defence. Common defences include:

1. Lack of Knowledge of the Order:

For a breach to be valid, the prosecution must prove that the individual was aware of the SHPO and its specific conditions. If the order was not properly communicated, or if there was confusion about the restrictions, this could provide a strong defence. The defence could argue that the individual did not knowingly breach the order.

2. Unintentional Breach:

In some cases, a breach may occur without the individual's intent or awareness. For example, if the breach involved accidentally coming into proximity with a restricted location or person, the court may view this differently than a deliberate violation of the order’s conditions.

3. Reasonable Excuse:

A person accused of breaching an SHPO may have a reasonable excuse for their actions. For instance, if the individual breached a restriction due to an emergency or other unavoidable circumstance, the court might take this into account when deciding on a penalty. Evidence of the emergency, such as medical documentation, can strengthen this defence.

4. Challenging the Terms of the Order:

If the conditions of the SHPO were vague, unreasonable, or unworkable, this could form part of the defence. The defendant may argue that they were unable to comply with the order due to the impractical nature of its restrictions. Courts are required to impose conditions that are necessary and proportionate, so challenging the fairness of the order itself can be a key defence strategy.

Why Legal Representation is Crucial

Legal representation is essential in cases involving breaches of Sexual Harm Prevention Orders due to the severity of the potential penalties and the complex nature of the law. Courts tend to impose harsh sentences in these cases, but with the right legal team, it may be possible to avoid the worst outcomes.

At Allen Hoole Solicitors, we provide expert legal representation to individuals facing SHPO breach allegations at Allen Hoole Solicitors. Our team of solicitor advocates has a strong track record of success in defending against these charges, often persuading the court to impose alternative penalties or to dismiss the breach altogether.

Why Choose Allen Hoole Solicitors?

As one of the largest firms in the South West of England, Allen Hoole Solicitors is ideally positioned to offer high-quality legal defence in SHPO breach cases. Our extensive experience and access to the best specialist barristers give us a significant advantage in navigating the complexities of these cases.

If you or someone you know has been accused of breaching a Sexual Harm Prevention Order, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring that your rights are fully protected throughout the legal process.