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Civil orders for managing sex offenders
Policy
Policy
summary
West Yorkshire Police complies with Authorised Professional Practice
(APP) which contains information to assist policing, and has
established a local policy procedure on obtaining civil orders to
manage sexual offenders.
This policy procedure reinforces West Yorkshire Police best practice in
preparing applications for Sexual Harm Prevention Orders (SHPO),
Notification Orders (NO) and Sexual Risk Orders (SRO) and provides
a standard process for progressing these high risk public protection
cases.
Aim
The aims of this policy procedure are to explain:
• what each of the three possible preventative orders are;
• the criteria for imposing or applying for such an order;
• the evidence required; and
• individual roles and responsibilities.
Scope
This policy procedure applies to all police officers and police staff.
Compliance
Anti-Social Behaviour, Crime and Policing Act 2014
Sexual Offences Act 2003, Part 2
APP Intelligence management
Chapter 1
Notification Orders (NO)
Legislation
Notification Orders were introduced under the Sexual Offences Act
2003 and can be obtained for any individual convicted of a sexual
offence outside the UK which would have made them liable to
registration under that Act had they been convicted of a similar offence
in the UK. For example:
• foreign nationals who have been convicted of a sexual offence
outside the UK and have then come to live here; or
• UK citizens who are convicted abroad and then return to the UK, e.g.
Gary Glitter.
Identifying
offenders
In most cases, ACRO (ACPO Criminal Records Office) will:
• identify qualifying offenders; and
• forward details of the offender, and any relevant exhibits, to the
Force ViSOR Unit.
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Exhibits in these cases are usually a Certificate of Conviction from the
country of origin and a translated version of the same, authenticated
by ACRO.
Identified by
other means
If a qualifying offender is identified by another means then the officer
dealing must contact ACRO to obtain the relevant exhibits.
ACRO will copy the relevant Force’s ViSOR Unit into their response
for information.
Variations in
conviction
information
Although ACRO will assist in obtaining the conviction data, the
information received will vary depending on the country of origin.
Modus
Operandi
MO details are not required for a Notification Order but are obviously
desirable from a management point of view.
ACRO may be able to assist but in most cases a separate application
to the NCA will be needed. Again, depending on the country of origin,
this may or may not be successful.
Certificate of
conviction
obtained
Once the Certificate of Conviction is obtained, a copy should be sent
to the Force ViSOR Unit (if they are not already aware) and they will
check the details before forwarding it to the Public Protection Unit
(PPU).
Public
Protection
Unit
The PPU covering the area where the last known address of the
offender is located must allocate a Public Protection Officer (PPO) to
act as officer in case for the application process.
Initial
enquiries
The PPO is responsible for:
Step
1
2
3
Action
verifying whether the offender still resides at that address
and, if not, making enquiries to locate them;
once located, obtaining further details from the offender, in
particular, to determine:
• if they accept the conviction details as accurate;
• if an interpreter is required; and
• their current situation in the UK, i.e. immigration status,
who they reside with, intention to remain etc.;
preparing a statement confirming:
• the qualifying offence details; and
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• that they have traced the offender to the address; and
informing Legal Services so that they can open a file for
the case.
Legal
Services
The Legal Services will:
• complete the schedules for the application; and
• register the case with the court.
Serve the
summons
The PPO must:
• serve a summons on the offender; and
• complete the Certificate of Service provided by Legal Services.
Interpreter
If there is a need to provide an interpreter for the hearing, it is good
practice to retain their services, once the order has been granted, so
that they are present when the:
• order is served on the offender and can ensure the offender
understands their responsibilities; and
• offender is registered.
Attend court
The PPO must attend at court with the legal representative from Legal
Services to present evidence on oath.
It is usual for the order to be granted at this first hearing as the court
must make the order if we have acceptable proof of conviction.
Order granted
Once the order has been granted, the PPO must:
• serve it on the offender; and
• sign the Certificate of Service.
Informing
ViSOR Unit
The PPO must:
Step
1
2
ViSOR Unit
Action
immediately forward to the Force ViSOR Unit:
• a copy of the order;
• the signed Certificate of Service; and
• the registration form; and
conduct a review when the offender is at their home
address.
The ViSOR Unit will update Force systems to state the offender is an
RSO.
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Chapter 2
Legislation
Sexual Harm Prevention Orders (SHPO)
Section 104 of the Sexual Offences Act 2003 provides the police with
the opportunity to protect the public where a conviction or intelligence
suggests that a qualifying individual poses a risk of sexual harm.
Sexual Offences Prevention Orders (SOPOs) were introduced in 2004
under the Sexual Offences Act 2003 as civil preventative orders
designed to help protect the public from serious sexual harm. These
orders replace, with amendments, restraining orders and sex offender
orders.
Sexual harm
prevention
orders
(SHPOs)
SOPOs were replaced by SHPOs under the Anti-Social Behaviour,
Crime and Policing Act 2014. SHPOs fulfil the same function of
protecting the public, however, the legal threshold for these orders is
to prove that there is a risk of sexual harm whereas before there had
to be proof of serious sexual harm. In all other respects the orders
mirror their predecessor.
Types of SHPOs
Introduction
There are two main types of order as follows:
Type 1
Courts can impose a Type 1 order when dealing with an individual:
• for an offence committed under Schedule 3 or Schedule 5 of the
Sexual Offences Act 2003; or
• who has been found not guilty of either of the above offences by
reason of insanity or under a disability.
These orders are imposed by a court on conviction (often referred to
as a ‘bolt-on’ SHPO). The court must be satisfied that the order is
necessary to protect the public from the risk of sexual harm.
Type 1 orders are applied for via a minute sheet to the court.
You can contact the CPS, district Public Protection Officers (PPOs) or
the Force ViSOR Registrar for further advice or guidance
Type 2
A chief police officer may apply for a SHPO by way of complaint to a
magistrates' court where the individual has:
• previously been dealt with for a Schedule 3 or Schedule 5 offence
under the Sexual Offences Act 2003 (the ‘qualifying offence’); and
• acted in such a way as to give reasonable cause to believe that such
an order is necessary to protect the public from sexual harm.
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This type of order provides the means of imposing prohibitions on the
activities of an individual who has acted in such a way that causes
reason to believe they present a risk of sexual harm.
The order will also make the offender liable to full sex offender
registration requirements for the duration of the order.
You should refer to the Force Policy on Registered sex offenders for
further information.
Type 2 (civil) applications only
IMPORTANT
Step
1
2
3
4
5
6
The following process applies for individuals identified as requiring
Type 2 (civil) SHPO.
Action
A police officer identifies an
individual and behaviour
necessitating a SHPO.
Relevant notes
The defendant:
• must have previously been convicted/
cautioned/found not guilty due to insanity/
under a disability and carried out either a
Schedule 3 or Schedule 5 offence under the
Sexual Offences Act 2003; and
• acted in a such a way as to give reasonable
cause to believe that an order is necessary, to
protect the public from sexual harm by the
defendant.
If the police officer is not an SGU
officer, then the matter must be
referred to the local SGU.
An SGU officer will then be
nominated to deal with the case,
(the OIC). The OIC should start
collating evidence in consultation
with their unit detective inspector.
OIC will initiate a referral to
MAPPA for consideration.
OIC to obtain approval of
application from MAPPA.
OIC to submit a Form 71 to Legal
Services with any supporting
documents.
The OIC must include:
• details of the relevant convictions, any risk
assessments such as ARMS, RM2000 and
OASyS. Details of the MAPPA meeting
approving the application and the
circumstances of the concern of sexual risk;
and
• MAPPA minutes and copies of any significant
statements and/or documents already
obtained.
Legal Services will respond within
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8
five days and advise which
solicitor is dealing with the case.
Legal Services to consider report
and advise on the merits of
application within four weeks or
sooner.
Prepare file of evidence.
9
Legal Services to file application
at court.
10
OIC to personally serve the
application, summons and file of
evidence on the defendant.
11
Court hearing and application
successful.
Interim Order obtained.
Immediate service of Interim
Order on defendant and Force
ViSOR Registrar.
12
• Legal Services to advise OIC what evidence is
required, e.g. witness statements/experts
reports/documents;
• OIC to obtain relevant witness statements and
documents;
• Legal Services to obtain any necessary expert
reports;
• Legal Services to liaise with OIC to discuss
and agree prohibitions and length of order,
(minimum of five years);
• the prohibitions should also be drafted in
consultation with the Force ViSOR Registrar
and the OIC’s unit detective inspector;
• a pool of prohibitions will be available as a
starting point. These must be modified as
necessary in each individual case; and
• the prohibitions must be proportionate and
evidence based.
Legal Services will:
• arrange for the application to be signed by an
appropriately delegated senior officer;
• arrange a suitable court hearing date; and
• pay court fee.
OIC will:
• prepare CJA confirming service to be included
in the file of evidence;
• before the court hearing, read all the evidence
thoroughly and be familiar with all aspects of
the case; and
• be able to give an update on the current
circumstances of the defendant.
• OIC to personally serve Interim Order on
defendant immediately;
• OIC to prepare CJA confirming service or
complete a Certificate of service as provided
by Legal Services;
• if possible, OIC to request defendant to sign
copy of Interim Order, confirming receipt;
• OIC to immediately hand deliver copy of
Interim Order and CJA to Force ViSOR
Registrar; and
• Legal Services to also immediately send an
email to the Force ViSOR Registrar advising
of position and listing grounds for application
and the granted prohibitions.
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14
15
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Interim Order in place. OIC and
Legal Services to liaise regarding
any outstanding evidence.
Further court hearing and
application successful.
Full Order obtained.
Immediate service of Full Order
on defendant and Force ViSOR
Registrar.
Return to step 8.
• OIC to personally serve Full Order on
defendant immediately;
• OIC to prepare CJA / Certificate of Service
confirming service;
• if possible, OIC to request defendant to sign
copy of Full Order, confirming receipt;
• OIC to immediately hand deliver copy of Full
Order and CJA to Force ViSOR Registrar;
• Legal Services to also immediately send an
email to the Force ViSOR Registrar advising
of position and listing grounds for application
and the granted prohibitions; and
• Legal Services to provide a copy of the full file
of evidence to Force ViSOR Registrar.
File of evidence to be retained
long term by both Legal Services
and Force ViSOR Registrar
(currently 99 years).
Responsibilities – Officer in case (OIC)
Duties
The officer in case will:
Step
1
2
3
4
5
6
7
Action
start collating evidence in consultation with your detective
inspector (see evidence to be obtained, below);
initiate a referral to the Multi Agency Public Protection
Panel (MAPPA) for consideration;
obtain MAPPA approval for an application for a SHPO;
complete a Form 71 which is available on Force Forms.
This should include details of the relevant convictions, any
risk assessments such as ARMS, RM2000 and OASyS.
Details of the MAPPA meeting approving the application
and the circumstances of the concern of sexual risk;
submit the above form to Legal Services by internal mail,
along with supporting documents, including:
• minutes of the relevant MAPPA meeting;
• copies of any significant statements; and
• any documents already obtained;
obtain witness statements and other documents as
advised by the nominated solicitor;
personally serve the application, summons and file of
evidence on the defendant;
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9
10
11
prepare a CJA statement confirming service. This should
be submitted to the nominated solicitor to be included with
the file of evidence.
An example of a CJA statement is available via this link;
before the court hearing, read all the evidence thoroughly
and be familiar with all aspects of the case (you must be
able to give an update on the current circumstances of the
defendant).
If the application is successful, an Interim Order will be
issued by the court;
once the Interim Order has been issued by the court,
personally serve it immediately on the defendant. If
possible, request the defendant to sign a copy to confirm
receipt;
prepare a CJA statement confirming service or a
Certificate of Service as available via legal service.
14
A link to an example of a CJA statement can be found
above;
hand-deliver a copy of the Interim Order and the CJA
statement to the Force ViSOR Registrar;
liaise with the nominated solicitor regarding outstanding
evidence;
repeat step 6.
15
If a further court hearing is successful, a Full Order will be
issued by the court; and
repeat steps 10 to 12 in terms of the Full Order.
12
13
A link to an example of a CJA statement can be found
above.
Responsibilities – Legal Services
Process
Legal Services will:
Step
1
2
3
4
5
6
Action
respond to the OIC within five days of receipt of a Form 71
advising which solicitor is dealing with the case;
consider the content of the report and, within four weeks,
advise the OIC on whether an application for a SHPO
should be submitted;
advise the OIC what evidence is required;
obtain any necessary expert reports;
prepare a file of evidence;
liaise with the OIC to discuss and agree:
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8
9
10
11
12
13
14
• the length of the order (which can be a minimum of five
years); and
• prohibitions;
draft the prohibitions in consultation with the Force ViSOR
Registrar and the Safeguarding Unit detective inspector;
arrange for the application to be signed by the head of
Protective Services - Crime;
file the application for a SHPO at court;
arrange a suitable court hearing date and pay the court
fee;
once the Interim Order has been issued, immediately send
an email to the Force ViSOR Registrar that:
• advises the position;
• details the grounds for the application; and
• lists the prohibitions that have been granted;
liaise with the OIC regarding outstanding evidence;
repeat steps 3 to 7; and
once the Full Order has been issued:
• repeat step 11; and
• provide a copy of the full file of evidence to the Force
ViSOR Registrar.
Evidence to be obtained
Timescale
If an application for a SHPO is uncontested, it may be possible to
obtain a Full Order at the first hearing. Therefore, whenever possible,
all required evidence should be provided for the first court hearing.
Note: A six month time limit applies to SHPO applications. If the
required evidence is not ready within this time, the application can still
be filed, but a request can be put to the court to allow further time to
prepare the full file of evidence.
Relevant
previous
convictions
In relation to the defendant’s previous convictions, you should obtain:
No.
1
2
3
Item of evidence
a copy of the PNC record;
the prosecution file for each index offence, including:
• the case summary;
• witness statements;
• interviews and transcripts;
• pocket book entries;
• Storm logs; and
• a certificate of conviction;
a statement from the OIC detailing the defendant’s sex
offender registration status;
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4
5
Previous
behaviour of
concern
a statement from the original officer in the case exhibiting
the above; and
with regard to the qualifying offence:
if the defendant
then specify …
pleaded….
guilty;
the charges to which they
pleaded.
not guilty;
details of the offence(s) proved.
In relation to the defendant’s previous behaviour, you should obtain:
No.
1
2
3
4
5
6
Item of evidence
copies of any pre-sentence reports;
probation reports;
reports provided by medical experts, in particular
psychiatrists (subject to rules on admissibility);
proof of any therapeutic work or other treatment received
by the defendant while in prison;
proof of any expert psychiatric evidence used during the
criminal proceedings by either party; and
confirmation of whether the defendant has ever been
arrested for an offence but no further action was taken.
Note: It may be useful to see the defendant’s custody
index and any intelligence.
Recent
behaviour of
concern
In relation to the defendant’s recent behaviour, you should obtain:
No.
1
2
3
4
Overview
statement
Item of evidence
witness statements from any individuals who can give
evidence about the defendant’s recent behaviour which is
of concern;
in exceptional circumstances (if the witnesses do not wish
to be known for fear of reprisals) anonymous statements,
namely a CJA with the name and identifying features
blacked out;
Note: The anonymous witness must have first-hand
knowledge of the facts and the OIC must be able to say
they know the anonymous witness;
if the defendant been interviewed about their recent
behaviour, the transcript of the interview; and
documents regarding the defendant’s recent behaviour,
e.g., Storm logs, CCTV footage, crime reports, etc.
You should obtain an overview statement from the OIC. It should
explain in detail the:
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• role which the OIC performs and their link to the defendant;
• circumstances of the defendant’s previous offending behaviour (the
index offence(s));
• defendant’s recent behaviour and why it is of concern; and
• risk that the defendant poses to society.
In assessing the risk and formulating the reasoning, some useful
questions to consider are:
No.
1
2
3
4
5
6
7
8
9
Medical
evidence
Question
What level of engagement does the defendant have with
any existing risk management procedures, e.g., what is
their relationship with the Public Protection officer and/or
Probation officer?
Have the authors of any pre-sentence reports or previous
psychiatric reports highlighted any concerns, especially if
the same behaviour was to continue?
Note: These reports are often very useful as they may
provide some insight into the defendant’s behaviour, the
reasons for it and the likelihood of re-offending.
Do any parallels exist between the defendant’s previous
offences and their recent offending behaviour that may
indicate an emerging pattern?
Has the defendant ever indicated to anyone that they may
re-offend?
Is the defendant is in contact with any other paedophiles /
other individuals of concern?
Is the defendant in communication/contact with any other
children, groups, etc.?
Has the defendant had any counselling? If not, has it been
offered but refused, thus demonstrating lack of insight?
Has the defendant ever shown any remorse for their
offending behaviour or do they lack empathy with their
victims?
According to the defendant’s custodial history, have they
ever been released on licence but had a prison recall for
breaching their conditions?
While not always necessary, consideration should be given to the
Force obtaining its own psychiatric evidence to strengthen the case.
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Prohibitions
Criteria
Any prohibition imposed must be:
Step
1
2
3
Action
proportionate and evidence based;
able to be easily understood by the defendant, i.e.:
• stated clearly and in plain English; and
• not contradict each other; and
comply with current case law, particularly in the light of
decisions such as R v Smith, R v Hemsley, R v Hammond.
Legal Services will be able to advise on whether a
prohibition fits current case law.
The above points will also assist police officers in determining whether
the defendant has breached a prohibition.
Previous
granted /
approved
prohibitions
The Force ViSOR Registrar maintains a list of previously granted and
approved prohibitions and is available via the ViSOR Unit intranet site.
This list is under constant revision in line with latest legal advice
Chapter 3
Sexual Risk Orders (SRO)
Risk of Sexual Harm Orders (ROSHOs)
Legislation
Risk of Sexual Harm Orders (RSHOs) were introduced under the
Sexual Offences Act 2003, and were obtained by applying to a
Magistrates Court acting in its civil capacity.
Age
The order may be applied for against any individual over 18 years of
age (convicted or un-convicted) thought to pose a sexual threat to
children aged under 16 years.
Purpose
The order may be considered if there is reasonable cause to believe
that an order is necessary to protect a child or children from them AND
that they have engaged in a course of conduct (an ‘act’) comprising of
at least two occasions of:
• sexual activity involving a child or in the presence of a child (under
16);
• causing / inciting a child to watch sexual activity or looking at a
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moving or still image that is sexual;
• giving a child anything that relates to sexual activity or contains
reference to such activity; or
• communicating with a child, where any part of the communication is
sexual.
Sex offender
registration
This order does NOT carry a condition of sex offender registration.
Duration
The minimum duration for this type of order is two years.
Sexual Risk Orders (SROs)
Legislation
ROSHOs were replaced by Sexual Risk Orders (SROs) under the
Anti-Social Behaviour, Crime and Policing Act 2014.
The SRO may be made by the magistrates’ court on application, by
the police or National Crime Agency (NCA), where an individual has
done an act of a sexual nature and as a result poses a risk of harm to
the public in the UK or adults or vulnerable children overseas.
Age
An SRO may be made in relation to any individual regardless of age,
without a conviction for a sexual or violent offence (or any offence), but
who poses a risk of sexual harm.
Prohibitions
An SRO may prohibit the individual 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.
Sex offender
registration
An individual subject to an SRO will become liable to limited sex
offender registration requirements for the duration of the order. They
will not become registered sex offenders unless they are convicted of
an offence of breach of an SRO.
Duration
The minimum duration for this type of order is two years.
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SRO applications
The process for applying for an SRO closely mirrors that of a SHPO
and is detailed below:
Step
1
2
3
4
5
6
Action
A police officer identifies an
individual and behaviour
necessitating an SRO.
Relevant notes
• an SRO may be imposed on any individual
over the age of criminal responsibility who has
done an act of a sexual nature;
• acts of a sexual nature are not defined by
legislation, they depend on the individual
circumstances and the context; and
• there is reason to believe than the order is
necessary to protect the public, or any
particular member of the public, from harm or
to protect children or vulnerable adults outside
the UK from harm.
If the police officer is not an SGU
officer, then the matter must be
referred to the local SGU.
An SGU officer will then be
nominated to deal with the case
(the OIC). The OIC should start
collating evidence in consultation
with their unit detective inspector.
OIC to submit a Form 71 to Legal
Services with any supporting
documents.
Legal Services will respond within
five days and advise which
solicitor is dealing with the case.
Legal Services to consider report
and advise on merits of the
application within four weeks or
sooner.
Prepare file of evidence.
This should include the following:
• details of OIC/contact point for district;
• name/DOB of the individual;
• details of the most recent incident causing
concern;
• brief chronology of our/other forces
involvement with individual and the arising
concerns (including intelligence although
anything subject to Public interest immunity
(PII) to be clearly marked) - this does not need
to be too detailed and can be cut and pasted
from OELs etc. The Registrar will go to the
OIC for more info; and
• details of any previous acquittals for sexual
offences/offences involving safe victim/class of
victims.
• Legal Services to advise OIC what evidence is
required, e.g. witness statements/experts
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7
Legal Services to file application
at court.
8
OIC to personally serve the
application, summons and file of
evidence on the defendant.
9
Court hearing and application
successful.
Interim Order obtained.
Immediate service of Interim
Order on defendant and Force
ViSOR Registrar.
10
11
12
13
Interim Order in place. OIC and
Legal Services to liaise regarding
any outstanding evidence.
Further court hearing and
application successful.
Full Order obtained.
Immediate service of Full Order
on defendant and Force ViSOR
Registrar.
reports/documents;
• OIC to obtain relevant witness statements and
documents;
• Legal Services to obtain any necessary expert
reports;
• Legal Services to liaise with OIC to discuss
and agree prohibitions and length of order,
(minimum of two years); and
• the prohibitions must be proportionate and
evidence based.
Legal Services will:
• arrange for the application to be signed by an
appropriately delegated senior officer;
• arrange a suitable court hearing date; and
• pay the court fee.
OIC to:
• prepare CJA confirming service to be included
in the file of evidence;
• before the court hearing, read all the evidence
thoroughly and be familiar with all aspects of
the case; and
• be able to give an update on the current
circumstances of the defendant.
• OIC to personally serve Interim Order on
defendant immediately;
• OIC to prepare CJA confirming service;
• if possible, OIC to request defendant to sign
copy of Interim Order, confirming receipt;
• OIC to immediately hand deliver copy of
Interim Order and CJA to Force ViSOR
Registrar; and
• Legal Services to also immediately send an
email to the Force ViSOR Registrar advising
of position and listing grounds for application
and the granted prohibitions.
Return to step 8.
• OIC to personally serve Full Order on
defendant immediately;
• OIC to prepare CJA confirming service;
• if possible, OIC to request defendant to sign
copy of Full Order, confirming receipt;
• OIC to immediately hand deliver copy of Full
Order and CJA to Force ViSOR Registrar;
• Legal Services to also immediately send an
email to the Force ViSOR Registrar advising
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of position and listing grounds for application
and the granted prohibitions; and
• Legal Services to provide a copy of the full file
of evidence to Force ViSOR Registrar.
14
File of evidence to be retained
long term by both Legal Services
and Force ViSOR Registrar
(currently 99 years).
Managing offenders subject to an SRO
Statutory
management
It is an important distinction that individuals who have been made
subject to SROs are not registered sex offenders and in some cases
will have no criminal convictions. As a result, unlike RSOs, there is no
statutory management of these individuals other than:
1. The policing of the prohibitions – Where prohibitions are in place
which allow for a proactive approach, such as examination of
internet history, then this should be actively managed.
2. The enforcement of registration requirements – An individual
subject to an SRO is required to notify the police of their name and
home address within three days of the order being made, and also
to notify any changes to this information within three days. There is
no further registration requirement and no requirement to reregister their details annually.
3. Registrations should be made in person at a prescribed police
station on the Sexual Risk Order Notification Form 325.
Breaches
Breach of an SRO is a criminal offence punishable by a maximum of
five years’ imprisonment.
A breach of SRO will make the individual subject to FULL notification
requirements for the remaining term of the order.
ViSOR record
Individuals subject to an SRO will be created on ViSOR by the Force
ViSOR Unit.
Public
Protection
Units
District Public Protection Units will have responsibility for co-ordinating
the management of these individuals.
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Chapter 4
Legislation
Foreign Travel Orders (FTOs)
Foreign Travel Orders (FTOs) are Civil Orders which were introduced
under the Sexual Offences Act 2003 and were intended to prevent
offenders with convictions for sexual offences against children from
travelling abroad where there was evidence that they intended to
commit sexual offences against children abroad.
The offender could be prohibited from travelling to a particular country,
or where the offender is such a risk to children, a universal ban could
be considered. Qualifying offenders must have a previous sexual
conviction (whether in the UK or abroad) committed on a child under
16 years.
These orders were abolished in March 2015 when prohibitions
preventing or limiting foreign travel began to be incorporated into
either SHPOs or SROs, as appropriate.
Included in
SHPOs or
SROs
Both SHPOs and SROS may contain foreign travel prohibitions where
it is necessary for the purpose of protecting children or vulnerable
adults. Restrictions may include a prohibition on travelling to any:
• country outside the UK named or described in the order;
• country outside the UK, other than a country named or described in
the order; or
• country outside the UK.
Surrendering
passport
An offender subject to a SHPO or SRO prohibiting them from travelling
to all countries outside the UK will be required to surrender their
passport(s) at a police station specified in the order.
It is an offence for an offender to fail to surrender their passport as
required by the order.
Time
limitations
It is important to note also that prohibitions relating to foreign travel
within SHPO or SROs are limited to a five year duration, although if an
individual continues to pose a risk, the police may apply to the court
for the SHPO or SRO to be renewed.
Chapter 5
Information
Review of indefinite registration
Offenders subject to a SOPO, SHPO or Interim Order can only apply
for a review once they have had the order discharged.
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Further information about the review and application process is in the
Registered sex offenders’ policy procedure which you can access via
this link.
Chapter 6
Variation,
renewal, and
discharge of
orders
Variation, renewal and discharge of orders
For Sexual Harm Prevention Orders and Sexual Risk Orders, it is
possible to apply by complaint to the court for an order to be varied,
renewed, or discharged.
An application can be made by the:
• police; or
• defendant to the court which made the order or to any court in the
area where the applicant resides or, where the application is made
by the police, to any court whose area includes any part of the police
area of the chief officer concerned.
Chapter 7
Multiple
orders
Multiple orders
It is not possible for a defendant to be subject to more than one of the
same type of order (although it is possible to be subject to two or more
of the different types of order).
If a court makes a new order in respect of a defendant, any previous
order of the same type ceases to have effect.
Admin
Last reviewed:
Scheduled for review:
September 2015
September 2016
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