Sexual harm prevention orders (SHPOs) Sexual Offences Act 2003, s103A
To make an SHPO, the court must be satisfied that the offender presents a risk of sexual harm to the public (or particular members of the public) and that an order is necessary to protect against this risk. The only prohibitions which can be imposed by an SHPO are those which are necessary for the purpose of protecting the public from sexual harm from the offender.
The order may have effect for a fixed period (not less than five years) or until further order, with the exception of a foreign travel prohibition which must be a fixed period of no more than five years (renewable). Different time periods may be specified for individual restrictions and requirements.
Where an SHPO is made in respect of an offender who is already subject to an SHPO, the earlier SHPO ceases to have effect. If the offender is already subject to a Sexual Offences Prevention Order or Foreign Travel Order made in Scotland or Northern Ireland, that order ceases to have effect unless the court orders otherwise.
Chapter 2 of Part 11 of the Sentencing Code sets out further matters related to making SHPOs.
Slavery and trafficking prevention orders
Modern Slavery Act 2015, s14
A court may make a slavery and trafficking prevention order against an offender convicted of a slavery or human trafficking offence, if satisfied that:
- there is a risk the offender may commit a slavery or human trafficking offence; and
- it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the offender committed such an offence.
Automatic orders on conviction
The following requirements or provisions are not part of the sentence imposed by the court but apply automatically by operation of law. The role of the court is to inform the offender of the applicable requirements and/or prohibition.
| Requirement or provision | Statutory reference |
|---|---|
|
Notification requirements A relevant offender automatically becomes subject to notification requirements, obliging him to notify the police of specified information for a specified period. The court should inform the offender accordingly. The operation of the notification requirement is not a relevant |
Sections 80 to 88 and Schedule 3 of the Sexual Offences Act 2003 |
|
Protection for children and vulnerable adults A statutory scheme pursuant to which offenders will or may be barred from regulated activity relating to children or vulnerable adults, with or without the right to make representations, |
Section 2 and Schedule 3 of the Safeguarding Vulnerable Groups Act 2006 Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and |