What is a Sexual Risk Order (SRO)?
A Sexual Risk Order (SRO) is a civil order that was introduced in 2014 contrary to section 122A of the Sexual Offences Act 2023 (and replaces the Risk of Sexual Harm Order).
The SRO is a civil order heard in the Magistrates’ Court and before the Crown Court on appeal. If granted, the order could include restrictions on an individual that the court deems necessary for protecting the public from sexual offences and will last for a minimum of two years.
Who applies for an SRO?
In most cases, the application will be made by the police but could also be applied for by the National Crime Agency, British Transport Police or the Ministry of Defence Police.
Does an individual have to be convicted of a criminal offence to be made subject to an SRO?
An SRO can be imposed against a defendant who has been convicted or cautioned for a relevant offence (a relevant offence is an offence that falls within schedule 3 or schedule 5 of the Sexual Offences Act 2003).
Equally, an SRO may be sought by the police against an individual who has not been convicted or cautioned but where the person is nevertheless deemed to pose a risk of harm.
The ability to impose an order without conviction or caution is what makes it distinct from the Sexual Harm Prevention Order (SHPO), which was introduced in the same year but requires the defendant to have been convicted of a relevant offence.
What if a person already is subject to bail conditions, is that enough to avoid a SPO?
Even where a person under police investigation and is subject to pre-charge bail conditions preventing contact with certain members of the public, the police may still seek an SRO where they believe there to be a risk to the public, as a breach of the SRO amounts to a criminal offence that could result in a custodial sentence of up to 5 years.
What needs to be proven?
Interim order (ISRO)
An interim order (ISRO) will normally be made pending the full hearing when the SRO will be determined.
To impose an interim order, the court does not need to be satisfied that an act of a sexual nature has been committed. The police only need to persuade the court that an ISRO is necessary. The court will then decide whether “it considers it just to do so.”
Full Order (SRO)
At the full hearing, the court will assess risk and determine whether the application is necessary by exercising their judgement or evaluation of all the facts and circumstances of the case (including the alleged behaviour, the individual’s previous convictions and compliance with previous orders):
- Whether the individual has done an act of a sexual nature
- Whether there is reasonable cause to believe that it is necessary for a sexual risk order to protect the public or any particular members of the public, from harm from the defendant or children or vulnerable adults generally inside or outside the UK.
The court will apply the civil standard of proof namely on a balance of probabilities to determine whether the defendant had done an act of a sexual nature.
An “act of a sexual nature” is not defined in the statute, and it is for the court to apply a broad interpretation. The Guidance provides some examples of the kind of behaviour that may be subject to an SRO (but this is not an exhaustive or prescriptive list) and include, as an example, engaging in sexual activity with a child, child exploitation or grooming.
What is the effect of the SRO?
The order could prohibit the individual from a specific activity and/or require that the individual take certain positive actions such as carrying out the activity described in the order.
The terms of the order must avoid conflicting with an individual’s ability to attend work or educational commitments, religious beliefs or conflict with any other order of the court.
The order will also require that the individual reports to the police and notify them of their name and address within 3 days of the order being made.
How long could the order last?
Interim order ISRO
An interim order may only be imposed for a fixed period specified in the order. The police may apply to extend the ISRO (pending the full hearing) and it will cease to have effect once a full order has been made.
Full order (SRO)
The minimum duration for a full order is two years.
The order will last for a period specified in the order or until a further order is made.
There is no maximum duration for an order, which means it could be made for an indefinite period. The only exception to this is where it contains foreign travel restrictions, which may only last for a maximum of four years.
Can an individual apply to vary or discharge the SRO?
Yes, an individual subject to an order, or the police could apply to the court to vary or discharge or renew an SRO by application of complaint to the court.
What happens if the order is breached?
Breach of the interim or full order, without reasonable excuse, will amount to a criminal offence that may be tried before the Magistrates’ or Crown Court. The maximum sentence for breach is five years imprisonment.
A breach of the order will also make the individual subject to notification requirements, from the time of the breach, until the remainder of the order.
Breach of the order includes failing to report to the police station within three days of its imposition.
How can Olliers help?
It is essential that anyone facing proceedings before the court obtains legal advice. Olliers has a team of expert criminal lawyers who can provide advice concerning interim and full Sexual Risk Orders ensuring that you are represented throughout the proceedings, which could include opposing the application or applying to vary or appeal against the granting of an order.
