Ancillary orders sexual offences - consultation

Draft guideline for consultation only. Draft guidelines should not be taken into account when sentencing.
Where no offence-specific guideline exists, refer to General guideline: overarching principles

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 include only negative prohibitions; there is no power to impose positive obligations.

The order may have effect for a fixed period (not less than five years) or until further order.

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
consideration in determining the sentence for the offence.

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,
depending on the offence. The court should inform the offender accordingly.

Section 2 and Schedule 3 of the Safeguarding Vulnerable Groups Act 2006

Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and
Miscellaneous Provisions) Regulations 2009 (SI 2009/37) (as amended)