A Sexual Risk Order (SRO) is a civil order that allows the courts to impose restrictions on an individual where there is believed to be a risk of sexual harm to others.
Unlike many other orders relating to sexual offences, an SRO can be made even if the individual has never received a criminal conviction. As a result, these applications can have serious consequences for those who are subject to an order, and can be a significant tool for the police.
If you have been notified that the police intend to apply for a Sexual Risk Order, or an Interim Sexual Risk Order has already been made against you, it is important to obtain specialist legal advice as early as possible.
At Eventum Legal, our experienced criminal defence team regularly represent clients facing these complex applications, ensuring their rights are protected and challenging orders that are unnecessary or disproportionate.
A Sexual Risk Order (SRO) is a preventative civil order made under the Anti-social Behaviour, Crime and Policing Act 2014. Its purpose is not to punish someone for past conduct but to prevent harm by managing behaviour that the court believes presents a risk of sexual harm to children or vulnerable adults.
Importantly, an SRO can be imposed without a criminal conviction. Instead, the court must be satisfied that the individual has carried out an act of a sexual nature and that making the risk order is necessary to protect the public.
Although the order is civil in nature, it is recorded on the Police National Computer and carries significant legal consequences if breached.
A Sexual Risk Order must last for at least two years, although it can remain in force for much longer if the court considers this necessary. During that time, the individual subject to the order will often have to comply with strict notification requirements, including informing the police of changes to their home address or other personal details.
A Sexual Risk Order application can only be made by a Chief Officer of a police force or by the Director General of the National Crime Agency. Before making such an application, the authorities will gather evidence from a range of sources to determine whether there is sufficient justification for seeking an order.
Applications are made to the Magistrates’ Court, where the judge will decide whether the legal test has been met. In many cases, the evidence relied upon extends beyond allegations made in criminal proceedings and may include police intelligence, digital material, witness statements, information from social services, and other police information. The court may also consider hearsay evidence when admissible.
Unlike a criminal prosecution, the police do not need to prove that an offence has been committed beyond a reasonable doubt. Instead, the court considers whether it is more likely than not that the individual concerned has committed an act of a sexual nature and whether the proposed risk order is necessary to protect the public from a future risk of sexual harm.
This lower burden of proof, known as the balance of probabilities, means that an SRO may be imposed even where there has never been a prosecution or conviction.
However, the police must still present sufficient evidence, and the restrictions sought must be proportionate to the circumstances of the case. A specialist defence solicitor can challenge both the reliability of the evidence and whether the proposed order is justified.
Every Sexual Risk Order is tailored to the individual circumstances of the case. The restrictions imposed are designed to reduce the perceived risk posed by the individual concerned, but they must also be proportionate and no more restrictive than necessary.
Depending on the allegations and supporting evidence, an order may limit internet use, prohibit contact with certain individuals, restrict access to places where children or vulnerable adults are present, or prevent foreign travel where the court considers this necessary. In some cases, the restrictions may extend to online activity, employment, or volunteering opportunities.
The order may also require compliance with ongoing notification requirements, including keeping the police informed of any change to a home address or other relevant personal details. If proposed restrictions go further than necessary, your solicitor can argue for deleting unnecessary prohibitions so that the order interferes as little as possible with your person’s life and family life.
Where there is an urgent need to protect the public before a full hearing can take place, the Magistrates’ Court has the power to impose an Interim Sexual Risk Order.
An Interim Sexual Risk Order can take effect immediately and remains in force until the court reaches a final decision on the substantive application.
Although temporary, an interim order can impose many of the same restrictions as a full Sexual Risk Order, including limitations on internet use, overseas travel and contact with particular individuals.
Because an interim order can significantly affect your daily life before all the evidence has been tested, obtaining advice from a lawyer experienced in these proceedings is essential.
Although a Sexual Risk Order is a civil order, failing to comply with its conditions is a serious criminal offence. Any breach may lead to arrest, prosecution and a permanent criminal record.
The maximum sentence for breaching a Sexual Risk Order is five years imprisonment, making it a criminal offence punishable by a significant custodial penalty. Depending on the seriousness of the breach, the Crown Court may impose a lengthy custodial sentence, together with additional restrictions or further notification requirements.
Given the seriousness of these penalties, anyone accused of breaching an SRO should seek legal advice immediately.
Although they share similar objectives, a Sexual Risk Order is different from a Sexual Harm Prevention Order (SHPO).
A Sexual Harm Prevention Order is usually imposed following a conviction for specified sexual offences and is intended to manage the future behaviour of offenders who have already been through the criminal courts. By contrast, a Sexual Risk Order can be made without any criminal conviction where the court believes restrictions are necessary to protect others from a future risk of sexual harm.
Both orders can impose significant restrictions, and both create criminal liability if breached. However, the legal tests for obtaining each order differ, making it important to receive advice specific to your circumstances.
Yes. Every Sexual Risk Order application should be carefully scrutinised to determine whether the legal requirements have been met. This includes examining the quality of the evidence, questioning whether the individual continues to present a genuine risk, and considering whether the proposed restrictions are proportionate.
In some cases, it may also be appropriate to apply for a variation of the order where circumstances have changed or to seek the removal of restrictions that are no longer justified.
An experienced solicitor will ensure that the court fully considers the individual’s personal circumstances before deciding whether to retain the order.
No. A Sexual Risk Order is a civil order and can be made without a criminal conviction. However, breaching the order is a criminal offence punishable by up to 5 years’ imprisonment.
The court applies the civil standard of proof, meaning it must be satisfied on the balance of probabilities that the legal test has been met.
Applications can only be made by a Chief Officer of a police force or the Director General of the National Crime Agency, with all applications being heard in the Magistrates’ Court.
A Sexual Harm Prevention Order generally follows a conviction for qualifying sexual offences. In contrast, a Sexual Risk Order can be imposed without a criminal conviction where the court believes restrictions are necessary to protect the public.
