Ancillary Orders Consultation

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

Sentencing Act 2020, part 11, Chapter 2

Availability

Where a person is convicted of an offence listed in Schedule 3 or Schedule 5 to the Sexual Offences Act 2003 the court dealing with the offender in respect of the offence may make an SHPO if satisfied that it is necessary to do so for the purpose of—

• protecting the public or any particular members of the public from sexual harm from the offender, or
• protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

No application is necessary for the court to make a SHPO at the point of sentence although the prosecutor may wish to invite the court to consider making an order in appropriate cases. The court may ask pre-sentence report writers to consider the suitability of a SHPO on a non-prejudicial basis.

Sentencing Act 2020, s344(2) provides that any conditions in Sch. 3 SOA 2003 relating to the age of the offender or the victim, or the sentence imposed on the offender may be disregarded in determining whether the offence is listed in schedule 1.

Considerations

The details of the offence are likely to be a key factor in the court’s decision, together with the offender’s previous convictions and the assessment of risk presented by the Probation Service in any pre-sentence report. The court may take into consideration the range of other options available to it in respect of protecting the public. The court may want to consider:

1. Would an order minimise the risk of harm to the public or to any particular members of the public?
2. Is it proportionate?
3. Can it be policed effectively?

Content of the order

The order may prohibit the offender from doing anything described in the order or require the offender to do anything described in the order.

The prohibitions or requirements which are imposed must, so far as practicable, be such as to avoid—

• any conflict with the offender’s religious beliefs,
• any interference with the times, if any, at which the offender normally works or attends any educational establishment, and
• any conflict with any other court order or injunction

A SHPO that imposes a requirement (other than an electronic monitoring requirement)  to do something must specify a person who is to be responsible for supervising compliance with the requirement. The person may be an individual or organisation. The court must receive evidence about the requirements suitability and enforceability from the individual who will enforce it or from an individual representing the organisation who will enforce it.

Length of the order

Within the SHPO the Court must specify the period for which each prohibition or requirement is to have effect (the specified period).

The specified period must either be a fixed period of not less than 5 years or an indefinite period (so that the prohibition or requirement has effect until further order).

The order may specify different periods for different prohibitions or requirements.

As a guide, the specified period would normally be the same length as the statutory notification period.

Effect on earlier orders

Where an order is made in respect of an offender who is already subject to an SHPO, the earlier SHPO ceases to have effect. If the offender is already subject to a Sexual Offences Prevention Order or Foreign Travel Order made in Scotland or Northern Ireland, that order ceases to have effect unless the court orders otherwise.

Consequences of breach

Breach of a SHPO is a criminal offence, maximum penalty five years’ custody.

Breach of a sexual harm prevention order guideline