David Smith, of Darlington, was brought before Newton Aycliffe Magistrates’ Court charged with breaching a Sexual Harm Prevention Order (SHPO). The order, imposed following earlier sexual offending, places strict controls on his access to and use of internet-enabled devices.

The court heard that officers discovered Smith had installed a phone-cleaner application on his mobile device. Prosecutors said the software was capable of deleting data and clearing browsing history, potentially frustrating efforts by police to monitor his compliance with the order.

As part of his SHPO, Smith is required to make his devices available for inspection and must not use any tools or applications that could conceal, encrypt or erase his digital activity without approval. The prosecution told magistrates that downloading the cleaner app breached those conditions, regardless of whether any illegal material was found on the phone.

The bench was told that officers became aware of the app during a routine check of Smith’s device. They raised concerns that the software could be used to remove records of websites visited, files stored or other activity that would normally be visible during monitoring.

In court, Smith accepted that the application had been installed on his phone. His representative offered mitigation, saying he had not downloaded the software with the intention of committing further offences, but acknowledged that it was inappropriate in light of the restrictions placed upon him.

The defence invited the court to take into account Smith’s cooperation with police when the breach was identified and his engagement with the criminal justice process since the order was made. Magistrates were told he remains subject to ongoing supervision and monitoring.

After hearing submissions from both sides, the magistrates decided to adjourn the case for the preparation of a pre-sentence report. This will allow the probation service to assess Smith’s risk and make recommendations on how the breach should be dealt with.

Smith was told he must return to court on a future date to be sentenced. The SHPO and his existing notification requirements remain in force in the meantime.

Sexual Harm Prevention Orders are used by the courts to manage individuals who pose an ongoing risk of sexual harm. They can include conditions restricting internet use, contact with children, travel and other behaviour, and breaching an order is a criminal offence.