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