Discharging a Sexual Harm Prevention Order.
In England and Wales, a Sexual Harm Prevention Order (SHPO) can be varied, renewed, or discharged by making an application to the court that made it (or the Crown Court if appropriate). The legal process is set out in the Sexual Offences Act 2003. Jen Law an SRA regulated criminal defence solicitor explains what is involved.
1. Who can apply to discharge an SHPO?
An application to discharge an SHPO can be made by:
• the individual against whom the order has been made, or
• the police.
Most discharge applications are made by the individual subject to the order.
2. When can you apply?
You cannot apply immediately unless in very exceptional circumstances and with the consent of the Chief Constable of the area managing an offender.
If the SHPO was made on conviction, you must usually wait five years before applying.
If the SHPO was made without conviction (civil application), you can usually apply at any time, but courts expect a material change in circumstances.
The court can refuse repeated applications if nothing has changed.
3. Where do you submit your application to?
You should normally submit your application to:
• the magistrates’ court that made the order, or
• the Crown Court if it imposed the SHPO.
Usually the application is made through the magistrates’ court even where originally imposed on conviction.
4. What the court will take into consideration
The court will only discharge the order if satisfied that it is no longer necessary for public protection.
Typical factors include:
• the time that has elapsed since the order was made
• compliance with the terms of the order
• absence of further offending
• rehabilitation evidence
• supportive risk assessment reports
• changes in lifestyle or personal circumstances
• employment stability
• support structures
• whether restrictions remain proportionate
The test is necessity and proportionality, not simply good behaviour.
5. How to apply
The process can involve the following steps:
- Submission of a written application to the court
- Service of formal notice on the Chief Officer of Police
- A court hearing
6. Potential Outcomes
The court will either:
- discharge the order;
- vary the order, or;
- leave it unchanged.
When varying an order, the court may amend conditions, shorten the scope of restrictions, or remove specific prohibitions.
7. How we can help to discharge a Sexual Harm Prevention Order
We can prepare the application and represent you in court.
In preparing for the hearing, we can review the available evidence and undertake steps that will give your application the best prospects of success. This may include:
Applications will often be stronger where they include:
• evidence of compliance with all SHPO conditions
• character references
• confirmation of employment
• probation reports
• evidence of completion of therapy or treatment
• an expert risk assessment.
Most importantly, the support of the offender manager is often key.
