Sexual Risk Orders (SRO) Solicitors

What is a Sexual Risk Order (SRO)?

A Sexual Risk Order, commonly known as an SRO, is a civil order granted by the Magistrates’ Court, on application by the police or the National Crime Agency (NCA). 

The primary purpose of Sexual Risk Orders is preventative rather than punitive, aiming to protect the public from potential harm. Consequently, an individual does not need to have been convicted of a criminal offence for such an order to be imposed.

How do the courts decide whether to grant an SRO?

Under section 122A(6) of the Sexual Offences Act 2003, the court must be satisfied of two key elements:

1. The defendant has done an act of a sexual nature 
2. As a result of which there is a reasonable cause to believe that it is necessary for an SRO to be made to protect the public or any particular members of the public from harm from the Defendant. 

In determining these elements:

• Whether an act of a sexual nature has occurred is assessed on the civil standard of proof, namely the balance of probabilities (i.e. more likely than not).
• The question of necessity is a matter for the court’s discretion, involving an evaluative judgement as to whether the order is required for public protection.

The term “act of a sexual nature” is not defined within the statute and is therefore left to interpretation by the court. Importantly, such an act does not need to amount to a criminal offence.

What are typical Sexual Risk Order conditions and restrictions?

An SRO imposes prohibitions on an individual, restricting them from engaging in certain activities. It can also include positive obligations that require the individual to take specific actions.

Depending on your case, Sexual Risk Order conditions may include: 

• Limiting or monitoring internet use
• Prohibiting contact with children
• Restrictions on travel
• Positive obligations such as a duty to inform new sexual partners that you are subject to an SRO

Importantly, any conditions attached to an SRO must be necessary and proportionate to the level of risk posed by the individual. They must not be oppressive and must be sufficiently clear and easy to understand.

The order may be imposed for either a fixed period or an indefinite duration, although the minimum period for which an order can be made is two years.

What happens if there is a breach of a Sexual Risk Order?

Although an SRO is a civil order, breaching it without a reasonable excuse constitutes a criminal offence. The police take breaches very seriously; individuals who violate their conditions can be immediately arrested and prosecuted.

What are the sexual risk order sentencing guidelines for a breach?

• You face up to five years’ imprisonment.
• The courts may impose further restrictions or additional, tougher conditions.
• A conviction results in a permanent criminal record, which can severely impact your employment, travel, and personal reputation.
• The court may view the breach as evidence of ongoing risk, making it far more difficult to have the order removed or varied in the future.

How does the court process work for an SRO?

If an application for an SRO is made against you, you will be served with a summons requiring you to attend court, together with a bundle of evidence supporting the application. The initial hearing is usually listed promptly, so it is important to instruct a solicitor as soon as possible.

Typically, the application will seek both a full SRO and an interim Sexual Risk Order (iSRO).

At the first court appearance, there are generally three possible approaches:

1. If the SRO is fully contested

• If you oppose the making of the SRO, the court will set a timetable for a full contested hearing, at which both parties may give evidence and be subject to cross-examination.
• The court will then consider whether to impose an interim SRO pending the final determination.

2. If only the conditions are disputed

• If agreement can be reached with the police regarding the proposed conditions, the court may proceed to impose the SRO.
• If agreement cannot be reached, the matter will be adjourned and a timetable set for a full SRO hearing.
• In the meantime, the court will decide whether an interim SRO should be imposed.

3. If the SRO is agreed

• If the application is not opposed, the court can impose a full SRO at the first hearing.

Note on interim orders: The court will consider whether it is necessary to impose an interim order to protect the public from harm pending the final hearing. When deciding whether to grant an interim SRO, the court does not need to be satisfied that an act of a sexual nature has been committed. Instead, the court need only be satisfied that an interim order is necessary, and it may make such an order if it considers it just to do so.

SRO frequently asked questions

What are the sexual risk order notification requirements?

Being subject to an SRO does not place you on the Sex Offenders Register. However, under the specific sexual risk order notification requirements, you are legally required to notify the police of your full name and home address within three days of the order being made. You must also notify them of any changes to these details within the same three-day timeframe.

Does an SRO show up on a criminal record check?

Because an SRO is a civil order rather than a criminal conviction, it will not appear on a Basic or Standard DBS check. However, the order is recorded on the Police National Computer (PNC). At the discretion of the Chief Constable, an SRO may be disclosed on an Enhanced DBS certificate if they believe it is directly relevant to the specific job or voluntary role you have applied for.

Can I appeal or vary a Sexual Risk Order?

Yes. If you are subject to an SRO, you have the right to apply to the Magistrates’ Court to have the conditions varied, simplified, or discharged entirely. However, you cannot apply to fully discharge an order within the first two years of its duration unless both you and the police force agree to it.