Sexual Harm Prevention Orders (SHPO)

What is a Sexual Harm Prevention Order?

A Sexual Harm Prevention Order, or SHPO order, is a civil order made by a criminal court under the Anti-social Behaviour, Crime and Policing Act 2014. It may be imposed following conviction for a sexual offence, or in circumstances where the court is satisfied that an individual poses a risk of sexual harm.

How long does a SHPO last?

A SHPO will usually remain in place for a minimum of five years. However, depending on the circumstances of the case and the level of risk an individual is considered to pose, the court may impose an order that lasts indefinitely.

What are the standard Sexual Harm Prevention Order rules and conditions?

The court tailors the specific SHPO restrictions to the individual case, but standard SHPO restrictions often include:

• Prohibiting contact with certain individuals, including children or specific victims
• Limiting or banning access to specific locations or geographical zones
• Monitoring and controlling internet, mobile phone, and digital device use
• Restricting international travel and requiring the surrender of passports
• Imposing notification requirements.

What happens if there is a breach of a Sexual Harm Prevention Order?

Breaching the terms of an SHPO is a criminal offence. Police take breaches seriously, and individuals suspected of breaching an order may be arrested and prosecuted. If convicted, a breach can result in serious penalties, including up to five years’ imprisonment.

A conviction for breaching an SHPO can also result in a criminal record and may have a significant impact on employment, travel, and personal reputation. In addition, the court may view a breach as evidence that an individual continues to pose a risk of sexual harm, which may affect future applications to vary or discharge the order.

Can a SHPO be removed?

A SHPO is not always permanent, even where it has been imposed indefinitely. In appropriate circumstances, it is possible to apply to the court for an order to be varied or discharged.

However, an application cannot be made immediately. In most cases, a minimum period of five years must have passed from the date the SHPO was imposed before an application for discharge can be made.

The application must be made to the court that imposed the order. The court will only discharge a SHPO if it is satisfied that the individual no longer presents a risk of sexual harm and that continuing the order is no longer necessary or proportionate.

What evidence can support an application?

When deciding whether to remove or vary a SHPO, the court’s main concern is whether the order remains necessary to protect the public.

The focus is not on punishment for past conduct, but on current and future risk. The court will consider whether there has been a meaningful change in circumstances since the order was made and whether the original reasons for imposing it still apply.

An application may be supported by evidence showing:

• Consistent compliance with every condition of the SHPO
• No further offending behaviour
• Positive engagement with rehabilitation, treatment, or support programmes
• Stable changes in personal, social, or professional circumstances.

How the SHPO removal process works

Applying to remove or vary a SHPO involves formal court proceedings. Careful preparation is essential.

The process begins with a detailed written application explaining the legal and factual reasons why the order should be discharged or changed.

The police must be notified and may support or oppose the application. If the application is opposed, the court will consider the evidence and hear submissions from both sides.

At the hearing, the judge may consider issues such as risk, compliance, rehabilitation, and whether the order remains necessary for public protection.

The burden is on the applicant to show that the SHPO is no longer necessary. Strong evidence and properly prepared legal submissions can make a significant difference.

Our specialist sexual offence solicitors can advise you throughout the process, prepare your application, and represent you at court, giving you the best possible chance of achieving a successful outcome.

SHPO frequently asked questions

How long does a SHPO stay on your record and when does it become spent?

A SHPO is recorded on the Police National Computer (PNC) indefinitely and can be referenced in future criminal proceedings. Under disclosure rules, the order becomes ‘spent’ only after the full length of the order has concluded (which is a minimum of 5 years or until a court discharges an indefinite order).

Does an order show up on a DBS check?

Yes. An active SHPO will be disclosed on both Standard and Enhanced Disclosure and Barring Service (DBS) checks. Once the order is fully spent, it will no longer display on a Basic DBS check, though it may still appear on an Enhanced check if the police consider it relevant to the specific role being applied for (such as working with children or vulnerable adults).

Does a SHPO mean you are automatically guilty of a crime?

Not necessarily. While most commonly attached to a conviction at a criminal sentencing, a court can also issue a SHPO to an individual who was cautioned, found not guilty by reason of insanity, or found to be under a disability but to have committed the act charged. The overriding legal test for the court is not strictly about a criminal verdict, but whether an order is necessary to protect the public from potential sexual harm.

What is the difference between SOPO and SHPO?

The primary difference between SOPO and SHPO comes down to when they were introduced. Sexual Offences Prevention Orders (SOPOs) were created under older legislation (the Sexual Offences Act 2003). In 2015, they were replaced in England and Wales by SHPOs to create a more streamlined legal test for public protection. If you are currently subject to an older SOPO, it can still be varied or discharged using a similar legal process.