In recent times, we have noted a marked increase in police applications for a Sexual Risk Order (SRO).
This is a Civil Court Order that can be imposed on a person to “protect the public from sexual harm” even without a criminal conviction or caution being in place.
The order can come with a range of restrictions, such as notifying the police of a change of address, limiting internet use, and perhaps preventing foreign travel.
It is in effect an injunction, but it is a civil preventative measure, breach of which is a criminal offence which can lead to imprisonment of up to 5 years.
The police or National Crime Agency (NCA) can apply for an SRO to the Magistrates Court based on the civil standard of proof (“balance of probabilities”).
A full order has a minimum duration of 2 years, but there is no maximum, and it can be made for an indefinite period.
An SRO differs from a Sexual Harm Prevention Order (SHPO) as the latter is often used following a conviction for a sexual offence, whereas SROs can be issued at any time.
Legislation relating to SROs is Section 122A of the Sexual Offences Act 2003.
The court have to be satisfied that the “defendant” or in some cases the “respondent” has behaved or done an act of a sexual nature and the court have to be satisfied that the result of acting in such a way, it is necessary for the making of the order for the purposes of protection of the public and/or protecting children or vulnerable adults generally.
SROs can be ordered on an interim or temporary basis when the need is considered to be urgent in order to manage an individual’s behaviour whilst a full SRO application is being considered.
As with a full SRO, an interim SRO can impose various restrictions on an individual’s behaviour.
In order to impose an interim SRO, the court must find that it is “just” to do so under Section 126 of the Sexual Offences Act 2003.
The legislation does not define circumstances that could lead to it being “just”.
Q. Is an SRO disclosed on DBS checks?
A. An SRO is not a caution or conviction, so it is not formally covered by the Rehabilitation of Offenders Act.
It is unlikely that an SRO will be disclosed on a basic DBS check, but it might be disclosed on an enhanced one.
An SRO does not make an individual subject to the “Sex Offenders Register” notification requirements.
Q. Can an order be discharged or varied?
A. An order cannot be discharged within 2 years of it having been made without the agreement of both the police and the individual concerned.
Applications can be made either to the police or the individual concerned for the purposes of deleting unnecessary prohibitions or adding supplementary ones.
Sometimes, when an order is about to expire, there is an application for it to be extended.
Here at SSDLL, we can represent you if you face such an order or if you have already had an interim order imposed upon you.
We can consider the application made by the police, advise you in relation to its strengths or weaknesses, prepare bundles in support of opposition to the order and represent you at court for both contested hearings opposing the order as well as any applications for the order and/or variations.
Contact Our Sexual Offence Defence Lawyers
If you have been served with a Sexual Risk Order (SRO) or are concerned about an impending application, our experienced defence team is ready to help. We can review the evidence, advise on your legal position, and represent you in court to protect your rights and reputation.
Call Stuart Sutton on 07798 753 720 or Sarah Hammond on 07592 157 957 or complete our online enquiry form to arrange a confidential consultation with one of our specialist sexual offence defence lawyers.
