A Sexual Risk Order (SRO) is a civil order made under Part 2 of the Sexual Offences Act 2003. It is designed to protect the public from individuals who are believed to pose a risk of sexual harm, even where no sexual offence has been proven in court.
These orders are preventative rather than punitive, and they give the police powers to impose strict restrictions on a person’s behaviour if they believe it is necessary to safeguard others.
Understanding how the police apply for a Sexual Risk Order is crucial for both individuals facing such an application and professionals working within the criminal justice or safeguarding sector.
Who Can Apply for a Sexual Risk Order
Under section 122A of the Sexual Offences Act 2003, only specific authorities can apply for a Sexual Risk Order.
These include the chief officer of police for a local area, the Director General of the National Crime Agency, and the chief constable of the British Transport Police.
Members of the public cannot apply for an order directly; however, information from victims or agencies may prompt the police to investigate and consider issuing such an order.
An application for an SRO must be made to a Magistrates’ Court, usually in the area where the individual concerned resides or is believed to be present.
The court has discretion to make an order if it is satisfied that the individual has done an act of a sexual nature, and that, as a result, there is a reasonable cause to believe that it is necessary to protect the public, or specific individuals, from the risk of sexual harm.
The Police Application Process
The process begins when the police identify an individual they believe poses a risk of committing a sexual offence. This might arise from intelligence reports or concerning behaviour that does not meet the threshold for prosecution.
The police will start by gathering evidence, which could include witness statements, digital material, previous incident reports, or intelligence from partner agencies such as probation services or social care.
Once sufficient evidence is gathered, the police legal department, often with advice from the Crown Prosecution Service, prepares an application for the Magistrates’ Court. The application must include detailed evidence of the alleged behaviour, and an explanation of why the proposed prohibitions are necessary and proportionate.
The person subject to the application is then notified and allowed to respond through their legal representative.
At the court hearing, the magistrates must be satisfied, on the balance of probabilities, that the individual has acted in a way that gives rise to a risk of sexual harm and that an order is necessary to protect the public.
This is a lower threshold than the criminal standard of proof, but the court will still expect clear and convincing evidence. If the magistrates are satisfied that the conditions are met, they will impose an order outlining the restrictions that apply to the individual.
Interim Sexual Risk Orders
In some cases, the police may seek an interim Sexual Risk Order if they believe that immediate protection is required before the full hearing takes place.
Interim orders can be granted where there is an urgent need to safeguard potential victims, for example, if the individual is suspected of grooming behaviour or attempting to contact vulnerable persons.
These temporary orders remain in place until the court can consider the whole application, at which point the magistrates may either make a final order or discharge the interim one if the criteria are not met.
Conditions and Duration of a Sexual Risk Order
The prohibitions imposed under a Sexual Risk Order vary from case to case and are tailored to the risk identified. They can include restrictions on contact with certain people, limits on internet use, prohibitions on travel abroad, or requirements to notify the police of changes in address or personal circumstances.
The aim is not to punish but to manage risk and prevent harm.
Breaching any of the conditions set out in a Sexual Risk Order is a criminal offence that can result in imprisonment for up to five years. Because of this, individuals subject to such orders must take great care to understand exactly what is required of them.
The police are responsible for monitoring compliance and may conduct checks to ensure that the conditions are being adhered to.
A Sexual Risk Order must last for a minimum of two years. Still, it can also be made for an indefinite period if the court considers that ongoing restrictions are necessary. Orders may include review periods to assess whether the level of risk has changed.
In practice, most orders are reviewed periodically to ensure that they remain proportionate.
Varying or Discharging an Order
Either the police or the individual subject to the order can apply to vary, renew, or discharge a Sexual Risk Order. This is done through the Magistrates’ Court, and the process largely mirrors the original application.
An application to vary might be made if the person’s circumstances change, for instance, if they move to a different area, complete treatment programmes, or demonstrate reduced risk. Conversely, the police may apply to extend or strengthen an order if they believe that the risk of harm remains or has increased.
Courts take these applications seriously and will only amend or discharge an order if they are satisfied that the individual no longer poses the same level of risk.
It is therefore essential for anyone subject to an SRO to seek professional legal advice before making such an application.
How Evidence is Assessed
Because a Sexual Risk Order can be imposed without a criminal conviction, the courts and police are required to handle these applications with care.
The evidence must demonstrate that there is a real and ongoing risk of sexual harm, not merely speculation or suspicion. Judges will often examine the nature of the alleged behaviour, the context in which it occurred, and whether there have been previous incidents or investigations.
Although hearsay evidence can be considered, the court must ensure that the order remains fair and proportionate. Challenging hearsay evidence is a goal we strive for, and it is often successfully accomplished.
Police forces must also comply with national guidance, such as that issued by the College of Policing, ensuring that thorough and robust risk assessments support applications. This often involves the use of structured risk tools, particularly where the behaviour falls short of a criminal offence but indicates cause for concern.
Why Legal Representation Matters
Facing an application for a Sexual Risk Order can have serious consequences for a person’s liberty and reputation. The restrictions can be wide-ranging and may affect employment, housing, and family life.
Because the test for imposing an SRO is based on civil law standards (the balance of probabilities), an individual can be subject to an order even if they have never been convicted of a criminal offence. For this reason, obtaining specialist legal advice at an early stage is essential.
A lawyer experienced in sexual offence cases can review the evidence, prepare a response, and represent the individual at court to ensure that their rights are adequately protected.
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The police application process for a Sexual Risk Order is a careful balance between public protection and individual rights. Only senior police officers or equivalent authorities can apply, and they must satisfy the court that the order is necessary to manage a demonstrable risk of sexual harm.
The process involves gathering evidence, applying for a restriction through the Magistrates’ Court, and justifying each restriction as proportionate and required for safeguarding.
While Sexual Risk Orders are a vital tool for preventing sexual harm, they are also a serious legal measure that demands fairness, transparency, and proper legal oversight.
Anyone facing an SRO application should seek immediate legal advice from a lawyer experienced in this area of law.
Understanding the process, the evidence involved, and the potential implications is the first step towards ensuring that your case is handled correctly and your rights are protected.