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Applying to a court to end a court order

Aim of this page

This page explains what it means to be given a court order, especially one that doesn’t have an end date (known as an indefinite order). It also outlines how you can apply to change (vary) or cancel (discharge) an order, and what steps you can take to improve your chances of success.

While the focus is on Sexual Offences Prevention Orders and Sexual Harm Prevention Orders, much of the advice here also applies to other types of court orders.

It is part of our information on understanding your criminal record and sexual offences.

Why is this important?

Court orders can seriously affect your private and family life. This isn’t just because of the restrictions they place on you, but also because, while the order is active, your conviction cannot be considered “spent” under the Rehabilitation of Offenders Act 1974.  As a result, you would have to disclose your conviction if asked – for example, when applying for a job or financial services.

If you think the conditions of your order are too strict, or if you’d like the end date changed, you may want to apply to have the order varied or cancelled.

What do we mean by a court order?

A court order is an official decision by a court that tells someone what they must or must not do. These are often called ancillary orders and are usually given alongside other punishments.

Some orders, like compensation orders, are meant to repair the harm caused. Others, such as restraining orders, aim to stop future crimes or protect victims.

In some cases, a judge must issue an ancillary order – for example, someone guilty of causing death by dangerous driving must be disqualified from driving. In other cases, the judge decides whether to give an order, depending on how serious the crime is. In those situations, the prosecution usually asks the judge to make the order.

There are a number of different ancillary orders including:

  • Criminal Behaviour Orders
  • Compensation Orders
  • Confiscation Orders
  • Disqualification from driving
  • Football Banning Orders
  • Forfeiture Orders
  • Restraining Orders
  • Sexual Harm Prevention Orders

What are the implications of having a court order?

Under the Rehabilitation of Offenders Act, court orders can affect when a conviction becomes spent (i.e. no longer needs to be disclosed).

  • A compensation order is only spent once it’s been paid in full.
  • If an order has a set time limit (e.g. 2 years), it becomes spent after that time.
  • If there’s no time given, the default period is 2 years.
  • If the order is indefinite (it has no end date), it will never be spent unless you go back to court to change or cancel it.
  • An indefinite order also means that any other sentence given at the same time will also never be spent.

For example: In court, Robert was convicted of stalking. He was given a fine which would usually mean his conviction would be spent after one year. However, in addition to the fine, he was given an indefinite restraining order meaning his conviction would never be spent until such time as the order was changed or cancelled.

Changing or ending a court order

Anyone named in a court order – including you, the prosecution, or someone protected by the order – can ask the court to change or cancel it. This is allowed by law.

How to apply

To ask for a change (called a “variation”) or to cancel (called a “discharge”) the order:

  • Write to the court that issued the order. Explain that you want to change or cancel it, describe how your situation has changed since the order was made, and why you think the order should be changed or ended.
  • If needed, the court might ask for a Victim Personal Statement to understand what has happened since the order was put in place.
  • You’ll usually get a chance to speak at the court hearing.

Sexual Offences Prevention Order (SOPO) and Sexual Harm Prevention Orders (SHPO)

You can apply to change or cancel a SOPO or SHPO at any time. However, within the first 5 years after it’s made, the court can only fully cancel the order if the local Chief Constable or Police Commissioner agrees. During those 5 years, the court can still change or shorten the order without police permission. After 5 years, the court can cancel the order completely without needing police approval.

If you want to change or cancel and order, it’s best to talk to your Public Protection Unit police officer first. Sometimes changes can be agreed on together before going to court.

What information will I need to include in an application?

When deciding what restrictions to include in an order, the court should make sure that it:

  • Minimises the risk of harm to the public or specific people
  • Is proportionate and necessary
  • Can be enforced effectively

If you think any condition on your order is unfair, unnecessary, or impossible to enforce, you should explain why. For example, if you are trying to find a job, a ban on using the internet would be a big problem.

If you want to change this condition, you should explain the kind of job you want and show examples of useful job websites.

If you’re receiving Jobseekers Allowance or Universal Credit, provide proof of your Job Seekers Agreement and explain how hard it is to apply for jobs without internet access.

If you want to cancel the order completely, you can improve your chances by:

  • Showing that you have sought help for any problems that led to your offending.
  • Explain positive changes you’ve made like moving away from bad influences, getting a job or improving relationship.
  • Proving you have followed all rules of the Sex Offenders Register and the requirements of your SOPO/SHPO.
  • Asking your supervising officer for a ‘clean bill of health’ from police inspections of your devices after any unannounced inspection visits.

Will I need to use a solicitor?

Changing or cancelling a court order is done through a civil court, not a criminal one. This means you can often represent yourself, and court staff can help guide you through the process.

Sometimes, solicitors can represent you using the same legal aid certificate from the original court hearing.

Details of organisations that offer legal advice can be found here.

Discuss this with others

Read and share your experiences on our online forum.

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • Ministry of Justice – Government department who have responsibility for the Rehabilitation of Offenders Act

For information

  1. For practical information – More information can be found on our sections on sexual offences and understanding your criminal record
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Questions – If you have any questions about this, you can contact our helpline.

This page was last updated in June 2025.

 

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Photo of Head of Advice, Debbie Sadler
Debbie Sadler
Head of Advice

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