Case Success: Sexual Harm Prevention Order Refused in a Case Concerning Sexual Activity with a Child

Our client has avoided a Sexual Harm Prevention Order being made against him, following conviction for the offence of sexual activity with a child. This has enabled our client to return to his family home and be involved in his daughters life, something the police and Social Services had done everything possible to prevent.

Whilst represented by his previous legal team our client was unfortunately convicted after trial in the Magistrates Court of Sexual Activity with a Child contrary to section 9 of the Sexual Offences Act 2003. We were instructed after the trial to appeal this conviction and to represent our client at his sentencing hearing. Efforts were made to adjourn sentence pending the outcome of appeal but the court proceeded to sentence which they were entitled to do.

We prepared the client's case for sentence whilst liaising with the Crown Court regarding the appeal.

The offence

Sexual Activity with a child is an offence contrary to section 9 of the Sexual Offences Act 2003. This particular case related to an allegation against our client that he had inappropriately touched a girl’s thigh and caused her to kiss him on the lips. The complainant was 14 years old and was known to our client. The offence is alleged to have taken place in a busy football stadium surrounded by other people, CCTV and the football stewards. There were no eyewitnesses.

The allegation was made immediately when the complainant left the stands to go to the toilet, whilst away from our client and other family members and friends the complainant made a phone call to her mother who she made those initial disclosures to.

Our client was subsequently arrested, interviewed and charged. During this process the duty solicitor was used under the Legal Aid Scheme. He denied all allegations made against him.

Sentence

The maximum sentence that the court could impose in this instance was 6 months imprisonment. If the case was sent to the Crown Court the maximum sentence increases greatly to 14 years imprisonment, but this is of course a sentence reserved for the most serious section 9 offences. The minimum sentence that could be imposed in such a case is a low level community order.

In addition to the punitive element of the sentence the court must consider, upon application from the Crown Prosecution Service (CPS), whether or not a Sexual Harm Prevention Order is required. In this case an application for a SHPO was made, and in addition a Football Banning Order, which would prevent our client from attending football matches.

What is a Sexual Harm Prevention Order?

A Sexual Harm Prevention Order is commonly made in cases which concern sexual offending and where the offence is listed within schedule 3 or 5 of the Sexual Offences Act 2003. A section 9 offence is listed within schedule 3.

The purpose of a Sexual Harm Prevention Order is to protect the public or a certain group of the public from further sexual harm caused by the defendant section 103A(2) Sexual Offences Act 2003.

To make a Sexual Harm Prevention Order the court must be satisfied that the defendant presents a risk of sexual harm, and that an order is necessary to prevent this harm.

In our case, the consideration was whether the defendant posed a risk of sexual harm to children. The details of the case are a key factor when the courts are considering a SHPO together with any previous convictions and the assessment of risk presented by the Probation Service. The proposed prohibitions in our case looked to prevent contact with children (including our client’s own child) without the supervision of someone who is aware of the offence, amongst other prohibitions this was the main one which would have caused our client and his family severe upset and disruption.

Football Banning Order

A Football Banning Order Application was also made in this case by the CPS against our client. Their argument was that violence should include sexual violence. Following submissions by the defence, that sexual offending certainly did not fall into the category of offending in which Football Banning Orders were aimed to prevent, the court agreed not to make such an order.

Our Client’s Sentence

At court our client was represented by his barrister, Mr Damian Warburton of Holborn Chambers who we instructed to represent our client. Damian advanced legal arguments in respect of both the SHPO application and the Football Banning Order, the Magistrates agreed with the defence and refused both applications made by the CPS. The court concluded with a sentence of a 12-month community order. This will require our client to undertake a certain number of hours of unpaid work, a Rehabilitation Activity Requirement, and a low amount of prosecution costs.

We will now continue to prepare our client's case for appeal against conviction in the Crown Court.

How we Can Help You

In all cases we take the initial view of working with our client to avoid conviction, however, where a client pleads guilty or is convicted after a trial we must proceed to prepare thoroughly for sentence.

Thorough preparation for sentencing of sexual offences can not be underestimated, the Crown Prosecution Service will apply to prohibit a defendant from various every day activities which can have a serious impact on the way in which their lives are lived, these prohibitions can prevent a defendant from their social media use, internet use, device use and contact with their children, or children of family members. But it is important to understand that a SHPO is not mandatory and that they can be challenged.

If you have been made subject to a Sexual Harm Prevention order, or maybe currently under investigation or facing court proceedings where such an order is likely to be applied for, then contact our team to discuss this. We may be able to completely oppose the order, or challenge certain prohibitions to ensure you are not overly restricted. We can also apply the same approach to Sexual Risk Orders, which the police can apply to impose before a charging decision or court proceedings.

Our initial discussion with you is free of charge and strictly confidential. Our friendly team will guide you step by step through the legal process which applies to your case and what we can do represent you and achieve the best possible outcome.

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What To Expect At A Pre-Trial Review

By Jessica Wilson • April 22, 2025

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.