What the Court Must Determine
To grant a full SRO, the Magistrates' Court must be satisfied of two things. First, that the defendant has done an act of a sexual nature — which can include grooming behaviour, sexual communication, non-contact exploitation, or other conduct, within or outside the United Kingdom. Second, that the order is necessary to protect the public, or specific members of the public, from sexual harm from the defendant. The necessity element is often the most productive focus for challenge. Even where the underlying conduct is not disputed, it may be possible to demonstrate — through an independent psychological risk assessment — that the defendant does not pose the level of continuing risk that would justify the proposed restrictions.
Interim Sexual Risk Orders
When the police apply for a full SRO, they almost always apply simultaneously for an Interim Sexual Risk Order (ISRO). An ISRO can be granted at an urgent hearing, often within days of an investigation concluding with no further action. It imposes conditions immediately — before the full merits of the application have been tested. Representation at the interim hearing is critical. The most intrusive conditions — total internet prohibitions, house search powers, or requirements to surrender electronic devices — may be imposed at this early stage. Challenging the scope of proposed conditions before they take effect is far easier than seeking to vary them after the order has been made.
The Impact on Daily Life
An SRO is a bespoke order tailored to the specific case. Conditions commonly imposed include requirements to submit electronic devices for inspection without a warrant, geographical prohibitions preventing entry to parks, schools, or leisure centres, foreign travel notification requirements, and restrictions on the use of encrypted messaging applications or anonymous browsing. Where proposed conditions are disproportionate to the risk identified, or would prevent the defendant from working, accessing essential services, or maintaining normal family life, this can be argued in the proceedings.
Duration and Variation
An SRO must have a minimum duration of two years. Many orders are made indefinitely. A person subject to an SRO has the right to apply to the Magistrates' Court to vary or discharge the order where circumstances have changed — for example, where there has been sustained compliance and evidence of reduced risk. Although the SRO is a civil order, breaching any condition is a criminal offence carrying a maximum sentence of five years' imprisonment.
What to Do if an SRO Application Has Been Made
If you have been notified that the police are applying for a Sexual Risk Order or Interim Sexual Risk Order, seek specialist legal advice immediately. You have the right to be heard at both the interim and the full hearing. The terms of any order — and whether an order should be made at all — are matters on which proper representation can make a substantial difference.