A sexual risk order is a civil order that helps to protect the public from individuals who are believed to pose a risk of sexual harm. It is designed to ensure that individuals convicted of serious sexual offences or those suspected of such offences, but not necessarily convicted, do not commit further offences.

In this blog post, we’ll explore exactly what a sexual risk order is, who it applies to and how it works in practice. We’ll also look at recent cases and see how these orders have been used to protect vulnerable members of society.

What is a Sexual Risk Order?

A sexual risk order (SRO) is a civil order made by a court against a person who poses a sexual risk to the public, children or vulnerable adults. The order can last for an indefinite period and may include conditions such as not being able to approach or communicate with specified people, not being able to enter certain areas, or attending rehabilitative programmes. If the offender breaches any of the conditions of their SRO, they can be fined, imprisoned or both.

How are Sexual Risk Orders enforced?

There are a number of ways in which sexual risk orders can be enforced. One of the most common methods is through the use of GPS tracking devices. These devices are typically fitted to an offender’s vehicle and monitor their movements at all times. If an offender on a sexual risk order attempts to go to a location where they are not allowed, or if they attempt to approach someone they are not allowed to contact, then the police will be alerted and can take appropriate action.

Another way in which sexual risk orders can be enforced is through the use of curfews. Offenders on sexual risk orders may be required to remain indoors at certain times of day, or may only be allowed to leave their home for specific purposes such as work or attending appointments. Breach of a curfew is a criminal offence and offenders can be arrested and brought before the courts.

Sexual risk orders can also place restrictions on an offender’s use of the internet and social media. Offenders may be prohibited from using certain websites or from communicating with certain people online. Again, breach of these conditions is a criminal offence and offenders can be arrested and brought before the courts.

The enforcement of sexual risk orders is overseen by the police, who have the power to arrest offenders if they believe a sexual risk order has been breached. Offenders who breach their sexual risk order may also be liable to recall to prison if they are on licence following release from custody.

What are the consequences of breaching a Sexual Risk Order?

If you breach a sexual risk order, you may be liable to up to five years’ imprisonment. You may also be placed on the sex offenders register and may be subject to a notification order requiring you to notify the police of your whereabouts. If you are under 18 when you breach a sexual risk order, you may be placed on a youth sex offenders register.

Are there any other countries with similar laws?

There are a number of countries with similar laws to the UK when it comes to sexual risk orders. These include Australia, Canada, and New Zealand. All of these countries have laws that allow for the restrictions of an individual’s movements and activities if they are deemed to pose a risk of sexual harm to the community. In some cases, these orders can be indefinite.

How long can a Sexual Risk Order last?

A Sexual Risk Order (SRO) can last for an indeterminate period of time. The order can be made by a court if it is satisfied that the offender presents a risk of sexual harm to the public and that the order is necessary to protect the public from that risk.

The court must review the SRO every 12 months to determine whether it is still necessary. If the offender breaches the terms of their SRO, they can be arrested and brought back to court.

How a Sexual Risk Order affects a defendant?

A sexual risk order (SRO) is a civil order made by a court that requires an offender to adhere to certain conditions designed to reduce the risk of them committing a sexual offence. The conditions of an SRO can vary depending on the individual case but may include restrictions on the places the offender can go, who they can associate with, and what type of work or activities they can undertake. An SRO can last for any length of time and is typically reviewed on a regular basis.

If an offender breaches the conditions of their SRO, they can be liable for criminal prosecution and may face up to five years in prison. In addition, any breach of an SRO is likely to result in the order being extended or made more restrictive.

How can the court determine if the defendant has committed a sexual act and poses a risk?

When considering whether to make a sexual risk order, the court will look at whether the defendant has committed a sexual act and poses a risk to the public. The court will also consider any other relevant factors, such as the age of the victim, the nature of the sexual act, and whether there is a history of sexual offending.

If the court is satisfied that the defendant has committed a sexual act and poses a risk to the public, it can make a sexual risk order. This order can last for up to 10 years and requires the defendant to comply with certain conditions, such as informing the police of their whereabouts and notifying them of any change of address.

Misuse by the police of interim Sexual Risk Orders

Sexual risk orders (SROs) are a type of civil order that can be imposed on an individual by a court in the UK if they are believed to pose a sexual risk to the public. Interim SROs (ISROs) are a temporary form of this order that can be issued without a full hearing. They typically last for 28 days, during which time the accused must comply with certain conditions, such as notifying the police of their whereabouts or abstaining from contact with children.

However, there have been concerns raised about the misuse of ISROs by the police. In some cases, they have been used against individuals who have not been convicted of any crime and who may not pose a real risk to the public. This has led to criticism that ISROs are a form of ‘pre-crime’ punishment, which undermines due process and civil liberties.

What to do if you you find yourself subject to a Sexual Risk Order?

If you find yourself subject to a Sexual Risk Order, there are a few things you should do:

1. First, you should seek legal advice. A Sexual Risk Order can have a significant impact on your life, and it is important to understand your rights and options.

2. You should also take steps to protect yourself from further harm. If you have been ordered not to contact certain people or go to certain places, make sure you comply with those conditions.

3. Finally, you should keep track of any changes in the order. If the order is amended or revoked, you will need to know what new restrictions or requirements apply to you.

29 January 2023