Sexual Risk Orders

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.


What is a Sexual Risk Order?


A SRO is aimed to be a preventative order rather than punitive, and therefore no criminal conviction is required.


It is imposed where it can be proven to the civil standard of proof (on the balance of probabilities) that a person has done an act of a sexual nature and as a result, there is reason to believe that a SRO is necessary to protect the public or any particular members of the public, such as children.


Previously, the orders were determined based on the criminal standard of proof (beyond reasonable doubt) but this was changed by the Police, Crime and Sentencing Courts Act 2022 on 29th November 2022.

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How is a Sexual Risk Order Made? 


Sexual Risk Orders are made by the court following an application made by the police or National Crime Agency (NCA). What is particularly concerning about an SRO is that the subject of the order does not have to be convicted of a criminal offence before it is imposed, which means that the police or NCA do not have to prove the offence has happened, they only have to say it is more than likely.


Usually a person who is made subject to an SRO is already under police investigation for a sexual offence, or they were and the Crown Prosecution Service (CPS) have taken no action in respect of it. Obtaining an SRO is a way in which the police can monitor that person without the need of a conviction.

How Will A Sexual Risk Order Affect Me?


The stigmatising nature of an SRO cannot be underestimated.


An SRO can be life changing containing both injunctive and mandatory requirements, may prohibit foreign travel for up to five years, and can impose an electronic monitoring requirement. 


An SRO has the ability to severely impact your life and freedoms, gain or keep employment or to form a relationship.



How long does a Sexual Risk Order last?


An SRO must be made for a minimum of two years but may be made to last indefinitely (subject to variation or discharge).


What happens if you breach a SRO?


Breach of an SRO without reasonable excuse is a criminal offence punishable by up to five years imprisonment. The Notification Requirements will only apply when an SRO is breached.


At Eventum Legal we regularly challenge SRO's, we are strong believers that they should be challenged and your freedoms protected. We have a strong track record of successfully opposing court orders and we would be happy to speak to you if you have received notification that the police are making an application in respect of you. We work with some of the countries leading barristers, who can work with our team to make the most robust legal arguments in such circumstances.

A Sexual Risk Order does not require a conviction, the order is made on the balance of probabilities that a person poses a sexual risk to the public, or particular group of the public.

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