BSQ Briefing - Sexual Harm Prevention Orders and Sex Offenders Register
BSQ’s private client department specialises in representing and advising individuals subject to the Sex Offenders Register notification requirements or Sexual Harm Prevention Orders.
In BSQ’s experience these orders are frequently imposed without proper scrutiny of whether the conditions proposed are lawful. The law in relation to SHPO’s in particular is also often misunderstood by practitioners and judges. Too often, prosecutors routinely apply for disproportionate orders which are overly restrictive. There are strict legal guidelines on proportionate provisions that can be included in a SHPO for example.
BSQ’s lawyers have recently successfully challenged a number of SHPO’s unlawfully prohibiting individuals from using the internet, from social contact with others or from accessing adult legal pornographic material of any nature.
BSQ also advises clients on possible avenues of legal challenge to the Sex Offender Register Notification requirements. Most persons convicted of a sexual offence will have to comply with these notification requirements. They are set out in the Sex Offenders Act 2003 at sections 82-s86. The main obligation for anyone on the Register will be for the person concerned to provide details of their home addresses and other addresses where they regularly reside to be police.
What conditions must be imposed and how long someone must comply with these conditions is fixed in law as part of the sentencing process. Because these orders were deliberately designed to be burdensome, the courts have little scope to tailor their terms or conditions or the length of an order to suit the facts of a case. BSQ takes the view, in line with the recommendations of the Justice Working Party report on Sexual Offences published in 2019 that the Sex Offender notification legislation needs to be reviewed. Greater flexibility should be given to the courts so that they have the discretion to impose restrictions that are proportionate and necessary.
If you require advice and assistance in relation to a SHPO or the Sex Offenders Notification register requirements please contact our London offices.
You can read more about our sexual crime solicitors and their expertise in defending individuals accused of sexual crimes here.