Sexual Risk Orders (‘SRO’) under section 122A of the Sexual Offences Act 2003 were introduced in 2015 by the Anti-Social Behaviour, Crime and Policing Act 2014.
Sexual Risk Orders (SROs) are complex civil orders that can have profound and lasting effects on a person’s life. Introduced under section 122A of the Sexual Offences Act 2003 and amended by the Anti-Social Behaviour, Crime and Policing Act 2014, these orders are designed to manage individuals who are considered to pose a sexual risk to the public.
Although they are civil orders, breaching them is a criminal offence punishable by up to five years’ imprisonment.
At Eventum Legal, our experienced criminal defence lawyers advise and represent individuals facing a Sexual Risk Order application by the police or National Crime Agency (NCA). We understand how such an order can affect your freedom, employment, and family life, and we work tirelessly to challenge unfair or unnecessary prohibitions.
A Sexual Risk Order is a preventative order, not a punitive one. It can be imposed even when there has been no criminal conviction.
To make a Sexual Risk Order, the court must be satisfied, on the civil standard of proof (the balance of probabilities), that an individual has carried out an act of a sexual nature and that an order is necessary to protect children, vulnerable adults, or particular members of the public from sexual harm.
Previously, the court applied the criminal standard of proof (beyond a reasonable doubt), but this was lowered following the passage of the Police, Crime, Sentencing and Courts Act 2022. This means an SRO can now be granted more easily, increasing the importance of obtaining skilled legal representation.
The court can impose a wide range of restrictions under an SRO, known as positive obligations or prohibitions. These might affect an individual’s behaviour whilst in the community, limit their internet use, or prevent foreign travel for up to five years. In some cases, the court may require the use of computer monitoring software or an electronic monitoring tag to track compliance.
A Magistrates’ Court makes an SRO following an application by either the police or the Director General of the National Crime Agency.
The application must demonstrate that the person poses a risk of sexual harm, even if they have not been charged or convicted of a sexual offence.
Typically, these applications are brought against individuals who have been under police investigation for a sexual offence, but where there was insufficient evidence to prosecute. By obtaining an order, the police force or NCA can continue to monitor that person without securing a conviction.
All civil orders of this kind are recorded on the Police National Computer, which means they can appear in criminal record checks and may affect your ability to work in certain professions or with vulnerable adults generally or particular children.
In urgent situations, the police may apply for an Interim Sexual Risk Order before a full hearing takes place. An interim order can be made when there is an imminent risk of sexual harm and immediate protection is required for vulnerable adults, particular individuals, or children.
Interim orders are temporary but can still impose severe restrictions. They may include bans on contacting specific individuals, visiting educational establishments, or accessing the internet without such computer monitoring software installed. A complete order usually replaces them after the court considers all the evidence.
If you have received notice of an interim order, you should seek urgent legal advice. Our team can challenge the order at short notice and argue for deleting unnecessary prohibitions that are not proportionate to the risk alleged.
The impact of a Sexual Risk Order can be life-changing. The prohibitions imposed can interfere with your lawful daily life, including your right to privacy and family life. Orders can prevent travel abroad, restrict access to specific devices or locations, and even require participation in a behaviour change programme or drug treatment programme.
In some cases, the court can impose positive obligations, such as attending treatment sessions or submitting devices for inspection. The police VISOR team may carry out regular checks and report any breaches.
Every SRO is unique, but once granted, it can have far-reaching effects. It may prevent you from living at your home address, working with vulnerable adults, or using such storage or similar remote storage media that could hold indecent material.
Our lawyers carefully review every prohibition to ensure that only prohibitions necessary to manage genuine risk remain in place. We regularly argue for conditions to be narrowed or discharged when they go beyond what is reasonable or proportionate.
A Sexual Risk Order must last for at least two years but can be made for a fixed period or be indefinite. During its term, the order may be varied, renewed, or discharged if circumstances change.
Breaching a Sexual Risk Order without a reasonable excuse is a criminal offence punishable by up to five years’ imprisonment. Any breach also triggers notification requirements under the Sexual Offenders Act, meaning you must report personal details to the police, including your home address and any change of residence.
These details are stored on the Police National Computer and may be shared with other agencies, such as social services or particular individuals responsible for safeguarding.
At Eventum Legal, we believe that Sexual Risk Orders should be challenged wherever possible. Many applications are based on police information or allegations that have not been proven. Our lawyers will review the evidence, identify weaknesses in the sexual risk order application, and prepare a robust defence.
We can represent you at the Magistrates’ Court or Crown Court, working alongside leading barristers experienced in complex sexual offence law. Our goal is to protect your liberty and ensure that the court only imposes restrictions that are proportionate and justified.
If you are facing a Sexual Risk Order or an Interim Sexual Risk Order, contact our specialist team today for a confidential consultation.
We have successfully represented clients nationwide in defending Sexual Risk Orders and Sexual Harm Prevention Orders. Our team understands how to challenge civil orders imposed under the Crime and Policing Act and can guide you through every step of the process.
We know that facing such proceedings can be distressing. Our role is to help you regain control of your lawful daily life, remove unnecessary prohibitions, and ensure that your rights are protected throughout.
We work on a fixed fee basis, you can find information about our fees on our Services and Fees page.
Contact Eventum Legal today to speak with our experienced legal team, who specialise in challenging Sexual Risk Orders and protecting your freedom.
