Sexual Harm Prevention Orders

Berkeley Square Solicitors’ guide to sexual harm prevention orders and how to challenge them.

What is a Sexual Harm Prevention Order?

Sexual Harm Prevention Orders also known as “SHPO”s are part of the sentencing package imposed after an indecent images conviction. One of the main objectives of a Sexual Harm Prevention Order is to place a restriction on offenders computer use or Internet access. 

What are the typical terms of a Sexual Harm Prevention Order?

A Sexual Harm Prevention Order can be flexibly drafted and tailored to any particular case. However, the clauses that are commonly included are summarised below:

• Restrictions to ensure any Internet enabled devices are capable of recording their Internet history

• Requirements for offenders make their devices immediately available for inspection to the managing officers to when requested

• Requirements to make the police aware of the acquisition of any new devices

• Requirements to grant police Immediate access to property on request

• Requirements to install risk management software – this software is designed to monitor and record evidence which could be a course for concern

• Restrictions on use of cloud storage accounts

• Restrictions on use of additional operating systems

• Restrictions on using aliases, false IP addresses, anonymous software and networks

• Restrictions on private browsing and virtual private networks

I don’t want Monitoring Software on my Work Computer what should I do?

If you are concerned that placing monitoring software on your work computer may jeopardise your employment, you should seek an independent legal advice specific to your case. BSQ have successfully resisted attempts by the authorities to place monitoring software on work devices in these circumstances.

Can I Challenge the Terms Of A Sexual Harm Prevention Order?

In BSQ‘s experience, SHPO‘s are often incorrectly drafted in indecent images cases. The police will regularly try to impose inappropriate conditions restricting the ability of offenders to interact with family members or interact with the public. We have successfully challenged overbroad SHPO conditions on many occasions. Should you be concerned about the terms of a SHPO, you should take legal advice on the specific avenues of appeal open to you.

How BSQ Can Help

The law and procedures in indecent images cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in indecent images cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.
  

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties. 

You can find more information about our indecent images solicitors defence services, see our practice page.

 If you are accused of an indecent images offence and require legal representation, please contact our London offices on 020 3858 0851.