The free library145 of 195 Sexual offences

Breaching a sexual harm prevention order

s.354Sentencing Act 2020

Without reasonable excuse, doing something a sexual harm prevention order prohibits, or failing to do something it requires.

Breaching a sexual harm prevention order · Sentencing Act 2020, s.354Card 145 / 195

Points to prove

A sexual harm prevention order (SHPO) was in force against the defendant
The defendant did anything the order prohibited, or failed to do something the order required
Without reasonable excuse

Key definitions

SHPO on conviction – made by the sentencing court under s.345 Sentencing Act 2020 to protect the public, or particular members of it, from sexual harm from the offender. Breach is charged under s.354.
SHPO on application – made by a magistrates’ court on application by a chief officer of police, the National Crime Agency, British Transport Police or the Ministry of Defence Police (Sexual Offences Act 2003, s.103A), including interim orders (s.103F). Breach is charged under s.103I(A1) of that Act, with the same maximum penalties.
Requirements – since 29 November 2022 an SHPO can impose positive requirements as well as prohibitions. Failing to comply with either is an offence.
Older orders – breaching a sexual offences prevention order, interim order or foreign travel order is charged under s.103I(1) and (1A) of the 2003 Act.

Good to know

A conditional discharge is not available on conviction (s.354(5); s.103I(4)).
Prove the order by obtaining a copy of it, and check its exact wording and duration. A prohibition is only breached if the conduct falls within its terms.
Making an SHPO keeps the defendant subject to the sex offender notification requirements while the order has effect. If they were not already subject to them, the order makes them subject from service of the order until it ends (Sentencing Act 2020, s.352; Sexual Offences Act 2003, s.103G).
Breach of an SHPO made in Scotland is an offence in England and Wales under s.103I(1B).

Legislation: Sentencing Act 2020, s.354 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summary)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Breaching a sexual harm prevention order: questions people ask

What are the points to prove for breaching a sexual harm prevention order?

1. A sexual harm prevention order (SHPO) was in force against the defendant 2. The defendant did anything the order prohibited, or failed to do something the order required 3. Without reasonable excuse

What is the maximum sentence for breaching a sexual harm prevention order?

5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summary)

Is breaching a sexual harm prevention order a summary, either-way or indictable offence?

Breaching a sexual harm prevention order is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is breaching a sexual harm prevention order?

Breaching a sexual harm prevention order is an offence under the Sentencing Act 2020, s.354.

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