Philip Cole [2019] EWCA Crim 1856

The appellant pleaded guilty to three counts of making indecent images of a child, and a suspended sentence was imposed. He took no issue with the custodial element of the sentence. The target of the appeal was the sexual harm prevention order (SHPO), in particular, the indefinite length of the order.

When the police attended the appellant’s address, he acknowledged he had a problem and gave a full account. He was assessed as a low risk of immediate re-offending and a medium risk of re-offending overall.

Held: as serious as the offending was, it did not require an indefinite order for the purpose of public protection. An order of 10 years was sufficient.