Serious Violence Reduction Orders

A two-year pilot scheme was launched in 2023 to introduce Serious Violence Reduction Orders (SVRO). The current pilot covers four police areas: West Midlands, Merseyside, Thames Valley and Sussex.

Courts within these four areas may impose an SVRO but the police powers granted by the imposition of the order may be exercised anywhere across England and Wales. Depending on the success of the pilot, the scheme may be rolled out nationwide on completion.

What is an SVRO?

A SVRO is a civil order made against someone who has been convicted of an offence involving a bladed article or an offensive weapon.

The order allows the police to search a person subject to the order to determine if they have a bladed article or offensive weapon with them. The police may detain for a search provided that they are in a public place.

Ordinarily, a police officer must have reasonable grounds to exercise their stop and search powers. When an SVRO is made, the requirement to have reasonable grounds is removed and the stop and search powers can be exercised and reasonable force may be used to so.

When will an order be imposed?

Under section 342A of the Sentencing Act 2020, the court must be satisfied on the balance of probabilities (that it is more likely than not) that:

• A bladed article or offensive weapon was used by or was with an offender in the commission of an offence or
• A bladed article or offensive weapon was used or had with them by another in the commission of an offence and the offender knew or ought to have known this would be the case.

The court must also consider it necessary to make an order to protect to make an order to protect the public from risk of harm involving a bladed article or offensive weapon. The necessity test may also apply if any specific members of the public (including the person subject to the order) needs protection or the order may simply be made to prevent the person from committing further offences involving a bladed article or offensive weapon.

A court may impose an order alongside any sentence or conditional discharge but is prevented from making an order if an absolute discharge is granted.

Length of an SVRO

An SVRO may be imposed for a minimum of 6 months, up to a maximum of 2 years. An order can however be renewed on expiration if it is still considered necessary to protect the public or particular members of the public.

If an order is made in conjunction with a custodial sentence, the court may direct that the order does not take effect until the offender is released from prison.

Variations and Appeals

The offender or the chief officer of the local police force to the offender may apply to the court to vary, renew or discharge an SVPO.

Alternatively, an appeal against the imposition of an SVRO can be made to the Crown Court in the same way an appeal against sentence is made.

Breach of an order

Section 342 of the Sentencing Act 2020 outlines several further offences that may be committed in breach of an SVRO:

• Failing to comply with the terms of the order
• Providing false information to the police in respect of the order
• Telling the police they are not subject to an order if they in fact are
• Intentional obstruction of an officer who is exercising their stop and search powers in relation to an SVRO.

Anyone who commits an offence under this section can face up to a maximum of 2 years’ imprisonment.

Olliers Solicitors – specialist criminal defence lawyers

If you require advice in relation to a Serious Violence Reduction Order please contact our new enquiry team either by email to info@olliers.com, by telephone on 020 3883 6790 (London) or 0161 834 1515 (Manchester) or by completing the form below and our new enquiry team will contact you.