Criminal Law Legislation Update
| Author | Joanne Clough |
| Published date | 01 August 2015 |
| Date | 01 August 2015 |
| DOI | http://doi.org/10.1177/0022018315593416 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law Legislation Update
Criminal Law Legislation
Update
As at 1 June 2015
Joanne Clough
Senior Lecturer and Solicitor-Advocate, Northumbria University, UK
Sexual Offences Sentencing
On 8 March 2015, the Anti-Social Behaviour, Crime and Policing Act 2014 (Commencement No. 8,
Saving and Transitional Provisions) Order 2015 (SI 2015/373) brought ss 113–115 of the Anti-Social
Behaviour, Crime and Policing Act 2014 into force. This has the effect of amending the Sexual Offences
Act 2003 so as to repeal Sexual Offence Prevention Orders, Foreign Travel Orders and Risk of Sexual
Harm Orders, and replace these with two new civil orders relevant to sexual offenders and those who
pose a risk of harm: Sexual Harm Prevention Orders and Sexual Risk Orders.
Sexual Harm Prevention Orders
Sexual Harm Prevention Orders (SHPOs) are designed to protect the public by placing restrictions on the
behaviour of offenders who have been convicted of a sexual or violent offence and who pose a risk of
sexual harm to the public. The relevant legislation governing these orders is contained in new ss 103A–
103K of the Sexual Offences Act 2003. According to s. 103A of the Sexual Offences Act 2003 (SOA
2003), a court may make a sexual harm prevention order when dealing with a defendant in respect of
any offence listed in Sched. 3 or 5 to the SOA 2003 (including findings in relation to offenders lacking
capacity for such offences). The court must be satisfied that it is necessary to make such an order for the
purpose of protecting the public or any particular members of the public from sexual harm from the
defendant in the UK, or to protect children or vulnerable adults, or particular children or vulnerable
adults, from sexual harm from the defendant outside the UK. A magistrates’ court (or youth court, if the
defendant is aged under 18 years) may also make an SHPO on application by a chief officer of police or
the Director General of the National Crime Agency (s. 103A(4)). In such a case, it must be proved that
the defendant is a qualifying offender and that the person has acted in such a way so as to give reasonable
cause to believe that it is necessary for such an order to be made. Section 103J requires the Secretary of
State to issue guidance to chief officers of police and the Director General of the National Crime Agency
in relation to their powers regarding sexual harm prevention orders.
The effect of an SHPO, which can be a full or interim order, is to prohibit the offender from doing
anything described within the order (s. 103C(1)). The prohibitions stated within the order must be nec-
essary to protect the UK public, or children or vulnerable adults abroad, from sexual harm by the offen-
der. Such prohibitions may include prevention of foreign travel to a country or countries specified in the
order (s. 103D), in which case the offender must surrender their passport for the duration of the prohibi-
tion (s. 103D(4)). A prohibition on foreign travel must be for a fixed period of no more than five years
(s. 103D(1)). The SHPO will require the offender to become subject to notification requirements under
The Journal of Criminal Law
2015, Vol. 79(4) 231–233
ªThe Author(s) 2015
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DOI: 10.1177/0022018315593416
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