My child has a conviction for a sexual offence, what happens next? Notification requirements and ancillary orders for children convicted of a sexual offence

This blog follows the virtual launch of the Youth Justice Legal Centre Legal Guide on children facing sexual offences. During this event, Maeve Keenan discussed Kingsley Napley's contribution to the report, including recommendations on how to appropriately handle these complex cases and protect the child's welfare.

Some sexual offences may attract additional repercussions, beyond the immediate sentence imposed by the court. Following a conviction, the court may be required to impose notification requirements or ancillary orders in addition to a sentence. Examples of ancillary orders include; sexual harm prevention orders (SHPOs), sexual risk orders (SROs), disqualification orders or parenting orders.

Notification requirements for children

Children are subject to the same notification regime as adults. Notification requirements will require your child to provide the police with certain information. A summary of the initial notification requirements likely to be imposed can be found under s 83 Sexual Offences Act 2003.  The court may direct that you, as the person with parental responsibility, must fulfil the obligations of the notification requirements until your child reaches the age of 18.  

Will my child be subject to notification requirements?

A list of the offences which automatically attract notification requirements following conviction or caution can be found under Schedule 3 of the Sexual Offences act 2003. It is therefore particularly important to ensure you understand them fully and that your child is fully advised before your child pleads guilty to or accepts a caution for a sexual offence.

The majority of the Schedule 3 offences will only attract notification requirements if the court imposes a 12-month sentence (this can be a 12-month community order, suspended sentence or custodial sentence). For instance, if your child has been convicted of sexual assault (s 3 Sexual Offences Act 2003) they will not be subject to notification requirements unless they receive a term of imprisonment for at least 12 months (Detention and Training orders are treated as terms of imprisonment for the purposes of notification requirements). It should be noted that notification requirements will also be imposed for the duration of a SHPO.

When will they be imposed and how long will they last?

If the offence is subject to automatic notification requirements (eg: rape, s 1 Sexual Offences Act 2003), the requirements will take effect immediately after conviction. If the offence attracts notification requirements because of a condition of the sentence (e.g: length of sentence), the requirements will not be imposed until the sentence has been passed by the court.

S 82 Sexual Offences Act 2003 provides a helpful list of possible notification periods. Generally, the duration of the notification period will be halved for children.

Ancillary orders for children

Sexual Harm Prevent Order (SHPO)

A Sexual Harm Prevention Order may be imposed by a court if your child has received a conviction for a Schedule 3 or Schedule 5 offence. In contrast to notification requirements, the conditions of sentence (12-month term of imprisonment) are disregarded for the purposes of a SHPO. A SHPO is an order made up of various requirements tailored to your child. A breach of one of the requirements will constitute a separate (additional) criminal offence.

The court must be satisfied the order is necessary 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.’

It is particularly important where SHPOs are imposed on children, that careful consideration is given to whether the order is proportionate. Home office Guidance states that an application for a SHPO should only be considered exceptionally and consultation should take place with the social services department and the relevant Youth Offending Team. This can be an important opportunity for all agencies involved to consider the likely adverse impact an order may have on a child. A SHPO is disclosable on a standard DBS check for the length of the order.

The period for which a SHPO may be imposed may be indefinite or for not less than five years and may contain prohibitive conditions such as restricting entry to certain geographical locations.

Note that if a SHPO is made, the police will consider disclosure of this fact to other agencies, such as the head teacher of a school, and the wider community.

Sexual Risk Order (SRO)

A sexual risk order is a civil order and does not require a conviction for a sexual offence. However, to impose the order, the court must have previously been satisfied to the criminal standard that your child has carried out an act of a ‘sexual nature’. This was amended by the Police, Crime, Sentencing and Courts Act 2022 to, the court must be satisfied on the balance of probabilities.

As with a SHPO the court must be satisfied that the order is necessary for protecting the public from sexual harm. Examples of where the order may not be necessary are either where the risk of future harm does not exist or there are alternative measures already in place to manage the perceived risk.

Whilst there is no legislative requirement for the consideration of the proportionality of the order the court should be directed on whether the impact of the prohibitive conditions is proportionate for your child and your family, in line with the Home Office Guidance.

Unlike a SHPO, a SRO is not disclosable on a standard DBS check. 

A SRO may be imposed indefinitely or for a period not less than two years.

Disqualification Orders

A disqualification order may be made against your child, preventing them from working with children or vulnerable adults, if they are convicted or charged of an offence against a child and receive a qualifying sentence. Some offences may result in automatic inclusion on a barred list, whereas other offences allow the opportunity for representations to be made before inclusion on a barred list.

Restraining orders are also available to the court, which can prevent your child from contact with identified persons or from entering named geographical locations.

Parenting Order

If your child has been convicted of an offence and the court believe your engagement with the Youth Offending Team or requirements on you may prevent further offending or antisocial behaviour, a parenting order may be made placing requirements directly on you. These should only be imposed by the court as a last resort, where previous efforts to engage parents in the process have failed.

In some circumstances the Youth Offending Team may make an application for a free-standing parenting order which does not require your child to have a criminal conviction. The court must be satisfied, in these circumstances, that your child has engaged in criminal conduct or anti-social behaviour; and that making the order would be desirable in the interest of preventing further criminal conduct or anti-social behaviour.

Before an order is made the court must consider information about your family circumstances and the likely effect of the order on those circumstances.

 

We recognise the impact criminal proceedings against your child can have on your family and work life. If you have any questions about the issues raised in this blog, please contact a member of our Youth Team.

Please also see our other blogs on youth crime and justice for regular updates here. 

You can also download the Children Facing Sexual Allegations legal guide here. 

 

about the author

Rebecca is an associate in the criminal litigation department, with a reputation as a tenacious criminal defence lawyer who thrives on the legal and strategic challenge involved in preparing a case for trial.

With a background in Medical Negligence and Military Law, Rebecca understands the impact a conviction can have on an individual beyond the court room. Her success as an advocate demonstrates her ability to communicate on behalf of her clients at all levels. She has regularly represented clients in the Youth Court and Magistrates’ Court affording her valuable experience in preparing witnesses to give evidence in court proceedings.