Sexual Risk Orders (SROs)

Being subject to Sexual Risk Orders (SROs) can place significant restrictions on your everyday life, while breaching the terms of an order could lead to a criminal conviction and much more serious penalties that could impact your life and livelihood. For this reason, obtaining SRO legal advice from experienced Sexual Risk Order lawyers from the start of the application process is critical to ensure the proposed restrictions can be properly examined and challenged should they be deemed disproportionate to your case.

What Is a Sexual Risk Order?

Sexual Risk Orders are preventative civil orders designed to protect the public from sexual harm by placing restrictions or requirements on someone whose behaviour indicates that they pose a risk. While SROs can be made against people who have been convicted for sexual offences, they can also be placed on individuals who have never been convicted or cautioned, provided there is evidence that they have engaged in an act of a sexual nature. 

The introduction of these orders followed the implementation of the Anti-social Behaviour, Crime and Policing Act 2014, which inserted Sections 122A to 122K into the Sexual Offences Act 2003 and replaced the previous Risk of Sexual Harm Orders (RSHO). This change was intended to provide more flexible preventative measures, such that the police could apply restrictions to people without convictions or cautions but who nevertheless pose a risk of sexual harm.

Unlike criminal convictions, SROs are intended to prevent future sexual harm rather than punish past behaviour. However, in practice these restrictions can significantly limit the ability of their recipients to lead full lives. 

Who Applies for a Sexual Risk Order?

Sexual Risk Order applications are most commonly made by the police. However, the power to apply for an SRO is shared by the National Crime Agency (NCA), British Transport Police (BTP) and Ministry of Defence Police (MoDP), in appropriate circumstances.

In practice, applications must be made by the complainant to the Magistrates’ Court. For applications made by a police force, this is done by a chief officer of police, while the Director General of the NCA may make an application on behalf of the Agency. Following changes introduced by the Police, Crime, Sentencing and Courts Act 2022, the chief constables of BTP and MoDP may also apply directly to the Magistrates’ Court. 

What Evidence Is Needed for an SRO?

For an SRO to be obtained, the court must be satisfied on the civil standard of proof, meaning it is ‘more likely than not’ that the individual has committed an act of a sexual nature. The term ‘act of a sexual nature’ is deliberately broad and not defined by the legislation, such that the court can ultimately determine whether the alleged behaviour meets this threshold. 

Depending on the stage of the SRO application, the court will apply different considerations to the evidence provided: 

• Interim Sexual Risk Order (ISRO): During the initial application, the court does not need to be satisfied that an act of a sexual nature has occurred, only that it is just to impose an interim order while the application for a full SRO is being considered.
• Full SRO: At the hearing, the court will assess whether the individual has committed an act of a sexual nature and there is reasonable cause to believe that an SRO is necessary to protect the public from the risk of sexual harm.

What Are the Conditions of an SRO?

The conditions attached to an SRO will depend on the sexual act that led to the order and the particular risk the court believes needs to be managed. For example, someone believed to have possessed indecent images may be prohibited from owning more than a specified number of electronic devices, while someone considered at risk of grooming may be prohibited from contacting or being alone with children or vulnerable adults. 

While these orders do not place the recipient on the Sex Offenders Register, someone subject to an SRO must notify the police of their name and address and report any changes to these details within three days. These notification requirements remain in place for the duration of the order. 

How Long Does an SRO Last?

There is no maximum period for Sexual Risk Orders. Instead, the duration is determined by the protections the order provides and the level of risk the recipient is considered to pose. 

• Interim Sexual Risk Order (ISRO): These orders are imposed for a fixed period while the application for an SRO is being considered, and will cease to have effect once the full order is made at the hearing.
• Full SRO: While the minimum duration of an SRO is two years, there is no maximum duration, so an order could theoretically remain in place indefinitely where the risk continues to justify the restrictions. The one exception to this rule is for orders relating to foreign travel restrictions, which can be imposed for a maximum of five years.

What Happens When You Breach a Sexual Risk Order?

Breaching either an interim or full Sexual Risk Order is a criminal offence, provided the breach is committed without reasonable excuse. The offence can be dealt with in the Magistrates’ Court or Crown Court, with a maximum sentence of five years’ imprisonment on indictment. Convictions or cautions for breaching Sexual Risk Orders will also make the individual subject to notification requirements for the remainder of the order. 

Varying or Discharging a Sexual Risk Order

Where the restrictions imposed by an SRO are disproportionate to the act of a sexual nature that led to the order or place excessive restrictions on the recipient, it may be possible to apply to have certain conditions of the order varied or discharged. The court to which this application should be made will depend on the circumstances in which the SRO was made:

• Magistrates’ Court: An SRO made by a Magistrates’ Court can be challenged by either applying to the court that made the order or any other Magistrates’ Court with the appropriate jurisdiction.
• Youth Court: Individuals who received an SRO while under the age of 18 can apply through a Youth Court, although those who have since turned 18 will instead have their application dealt with by a Magistrates’ Court.

Professional Support from Sexual Risk Order Lawyers

Receiving a Sexual Risk Order can significantly impact your future, with its conditions potentially affecting your lifestyle, employment and personal relationships. While the conditions may not be as restrictive or permanent as notification requirements, the possibility of accidentally breaching a Sexual Risk Order and facing the criminal consequences presents a major concern. 

At Newtons Solicitors, our specialist Sexual Risk Order lawyers can provide support to individuals who are already subject to an SRO or who are anticipating an application, ensuring that any conditions imposed are no more restrictive than necessary and seeking to prevent or discharge the order entirely where appropriate. Our SRO legal advice can include:

• Opposing interim orders: We can challenge an application for an interim Sexual Risk Order where the circumstances do not justify imposing restrictions before the full application is considered.
• Refining conditions: Where an SRO is deemed necessary, we can challenge conditions that are unnecessarily restrictive and seek terms that provide appropriate protection without placing disproportionate limits on your life.
• Representation at Magistrates’ Court: We can provide representation throughout SRO proceedings, ensuring that your position is properly presented and scrutinising the applicant’s evidence.
• Providing clarity: Understanding the conditions of an SRO is essential to avoiding an accidental breach and we are happy to explain what is expected of you and the appropriate actions you need to take. 

For more insights into how our service operates, or to discuss how our experienced solicitors could challenge an application for Sexual Risk Orders or any other sexual offence allegations against you, please get in touch with us today so that we can assess your case.

Sexual Risk Orders FAQs