Who is it issued by and how can I contact them?
Issued by the court – contact the administering court.
Does it involve guilt?
No. It is made in relation to an individual who has not been convicted or cautioned of any offence but who is thought to pose a risk of harm.
Is it recorded on the Police National Computer (PNC)?
Yes. A facility is available on the PNC which allows an entry to be recorded which does not constitute a criminal record but is available for police information.
Is it classed as a conviction?
No – unless the SRO is breached.
How long will it be on my record?
Although a SRO does not result in a criminal record, the information can still be used and taken into consideration if further offences are committed.
When does it become spent?
When do I have to declare it?
A SRO is not a caution or a conviction, so isn’t formally covered by the Rehabilitation of Offenders Act.
Is it disclosed on DBS checks?
Not on standard checks.
It might be disclosed as part of an enhanced check in the ‘relevant information’ section, i.e. the offence has a bearing on the kind of work you are applying for.
Do I have the right to appeal and what is the process?
GOV.UK information on appealing a Court decision can be found here.
What can a SRO include?
The order may prohibit the person from doing anything described in it. This includes preventing travel overseas. Any prohibition must be necessary for protecting the public in the UK from sexual harm or, in relation to foreign travel, protecting children or vulnerable adults from sexual harm.
The SRO does not make the individual subject to the notification requirements for registered sex offenders. However, it does require the individual to notify the police of:-
- Their name
- Their home address
This information must be notified within 3 days of the order being made or whenever the information changes.
Discharge, variation and renewal of an SRO
Discharge – An order cannot be discharged within 2 years of it being made without the agreement of both the police and the individual concerned.
Variation – Applications can be made by either the police or the individual concerned for the purposes of deleting unnecessary prohibitions or adding supplementary conditions
Renewal – A renewal of the order may be necessary where the original is close to expiry and the police have cause to believe that the individual continues to pose a risk.
The new Sexual Risk Order replaces the Risk of Sexual Harm Order.
A Sexual Risk Order may be applied for on a free standing application to the magistrates court by the Chief Officer of Police or the Director General of the National Crime Agency. An SRO may be made in respect of any individual who has:
- Done an act of a sexual nature, and
- As a result of which, there is reasonable cause to believe that it is necessary to make an order to protect the public from harm.
Any breach of the order is a criminal offence punishable by a maximum of five years imprisonment.