Sexual Offences Prevention Orders

Sexual Offences Prevention Orders (SOPOs) are civil orders designed to protect the public from serious sexual harm.

They were introduced in their current form by section 104 of the Sexual Offences Act 2003 (SOA 2003), replacing earlier orders available under the Sexual Offenders Act 1997.

A SOPO can prohibit a defendant from doing anything specified in the order. It cannot compel positive action. SOPOs are therefore entirely prohibitive. They may be imposed at the point of conviction or post‑conviction following an application.

Purpose of a SOPO

The purpose of a SOPO is to protect the public, or specific individuals, from serious sexual harm caused by the defendant. The central question is whether the order is necessary for that protection.

Section 106(3) of the SOA 2003 defines “serious sexual harm” as behaviour that involves sexual offending or poses a significant risk of such offending. Schedule 3 contains a wide range of qualifying offences, including sexual offences against children and offences involving indecent images.

Who Can Be Subject to a SOPO?

A SOPO can only be imposed on a qualifying offender. Qualifying offences are listed in Schedules 3 and 5 of the Act.

• Schedule 3: sexual offences.
• Schedule 5: non‑sexual offences such as homicide, kidnap and certain offences against the person.

Regardless of whether the trigger offence is sexual or non‑sexual, the test remains the same: the order must be necessary to protect the public from serious sexual harm.

What Can a SOPO Prohibit?

A SOPO may include prohibitions such as:

• Not associating with or approaching anyone under 18 except authorised persons.
• Not loitering near children’s playgrounds.
• Not entering or loitering near schools, colleges or universities without written permission from the Chief Constable.

These examples illustrate the preventative nature of SOPOs. They restrict behaviour that could place the public at risk.

Procedure for Applying for a SOPO

After conviction, the chief police officer for the offender’s area may apply to the Magistrates’ Court for a SOPO. The application can only be made if the offender has behaved in a way that gives reasonable cause to believe the order is necessary (section 104(5)(b)).

Two elements must be satisfied:

• The offender must be a qualifying offender (convicted of a Schedule 3 or 5 offence).
• The offender’s behaviour must give reasonable cause to believe a SOPO is necessary.

SOPO proceedings are civil. The standard of proof is the balance of probabilities.

The applicant must show it is more likely than not that the order is necessary. However, the fact of conviction for a qualifying offence must be proved to the criminal standard.

Civil procedure rules apply, specifically sections 51–57 of the Magistrates’ Courts Act 1980.

Duration of a SOPO

A SOPO must last for a fixed period of at least five years. It may be imposed for life.

Multiple SOPOs

Only one SOPO can operate at any given time. If a new SOPO is made, it automatically replaces any existing order.

SOPOs and Sex Offender Notification Requirements

SOPOs operate alongside sex offender registration requirements. Many Schedule 3 offences trigger mandatory registration, such as rape. Others, like sexual assault, trigger conditional registration. A SOPO may still be imposed even if the offender is already subject to notification requirements.

Appeals

If a SOPO is imposed by the Magistrates’ Court, the offender may appeal to the Crown Court. If imposed by the Crown Court, the appeal lies to the Court of Appeal.

Breach of a SOPO

Breaching a SOPO without reasonable excuse is a criminal offence. It is triable either way. On indictment, the maximum penalty is five years’ imprisonment.