Sexual offences prevention order

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104 sexual offences prevention orders applications and grounds sn. (1) a court may make an order under this section in respect of a person ( the defendant ) where any of subsections (2) to (4) applies to the defendant and (a) where subsection (4) applies, it is satisfied that the defendants behaviour since the appropriate date makes it necessary to make such an order, for the. The key terms within the 2003 sexual offences act guidance on when sopos should be made are necessary for the purpose of protecting the public and serious sexual harm. The term necessary was given clarification by the court of appeal when dealing with a restraining order in the case of r v halloren (2004) ewca crim 233.   a sexual harm prevention order (shpo) is an order imposed by a magistrates or crown court on an individual who it is considered to pose a risk of sexual harm to either the general public or a certain group of people or individual person(s). Sexual offences act s106(14) provides that any conditions in sch. 3 relating to the age of the offender or the victim, or the sentence imposed on the offender may be disregarded in making a sexual offences prevention order and sexual offences act s103b (9) contains the same provision in respect of sexual harm prevention orders. Sexual offences prevention orders (sopos) are a type of civil order. Sopos were introduced in their current manifestation by section 104 of the sexual offences act (soa) 2003. Prior to this, there had been similar orders available to the courts under section 5 of the sexual offenders act 1997. Health and personal social services (northern ireland) order 1994 (ni 2) 23. Sexual offences prevention order (sopo) back to definitions and interpretations. Police can apply to the courts for this civil order, where they can show that someone poses a threat of serious sexual harm. This can be towards particular people, or to the public in general. The sexual offences act 2003 introduced the sopo to help prevent convicted sex offenders from committing further similar offences after release. When they were first introduced the wording of the conditions in a sopo could be difficult to understand. What is a sexual harm prevention order? A shpo is an order made against any person who is found to have committed an offence under schedule 3 or 5 of the sexual offences act 2003. Shpos are imposed by a magistrate or a judge at the crown court if the person is considered a risk to the general public, or to another specific person. A sexual harm prevention order (shpo) is a measure given by the magistrates court or crown court to a person who poses a risk of sexual harm to either the general public or an individual person. An shpo can be made in relation to a person who has been convicted or cautioned for a sexual offence listed in either schedule 3 of the sexual.

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