Sexual Offences Prevention Order (SOPO)

A Sexual Offences Prevention Order (SOPO) is an order that is issued by a court and runs for a set period of time. Classed as a conviction, the SOPO aims to prevent sexual offences and offer protection to victims and potential victims of sexual offenders. The SOPO sets out actions and behaviours that are prohibited for the offender and means that they are not allowed to carry out any of the actions that are stipulated.

From March 2015, SOPOs also became known as Sexual Harm Prevention Orders (SHPO) and also Sexual Risk Orders (SRO).

The following guide explains Sexual Offences Prevention Orders more thoroughly, including when they can be issued, to whom, when they will be spent and the impact that they can have on an offender.

Will a SOPO only be issued to individuals who have been found guilty of a sexual offence?

The law does not specify that a SOPO can only be issued against a person who has been found guilty of a sexual offence. Instead, the SOPO may be issued against a ‘qualifying offender'. This is a person who is legally defined as:

‘a person who before or after the commencement of the Sexual Offences Act 2003 has been convicted of a Schedule 3 or Schedule 5 offence, found not guilty by insanity or disability and to have done the act charged, or cautioned of such an offence under the Act.'

This means that the order can be issued against a person based on their alleged behaviour, even if this did not result in a guilty verdict or prosecution.

What will be included on the SOPO?

The contents of the SOPO can vary from one case to another and is designed to meet specific needs to protect a variety of risks. The SOPO may include a prohibition on any contact with people under the age of 18 or may prohibit a person from being present in specific locations such as near schools, youth clubs and playgrounds.

The contents of the SOPO must be justified, and so prohibitions must be based on risks posed by the individual concerned. What's more, the contents of the SOPO must be able to be policed effectively. It is a criminal offence to breach the prohibitions set out in the SOPO as per legislation outlines in the Sexual Offences Act 2003. There is a maximum prison sentence of 5 years for anyone who breaches the terms of a SOPO.

Is a SOPO recorded on the Police National Computer?

The SOPO will be recorded on the Police National Computer (PNC). It will remain on record indefinitely and should the accused be called to court again, the offence can be recalled.

The SOPO will appear on any DBS checks that are carried out unless it qualifies for filtering. The SOPO will be disclosed on a DBS check (both standard and enhanced checks). The SOPO will only not be recorded on the DBS report if it is eligible for filtering. Once spent, it will not be disclosed on a basic check.

When does a SOPO need to be declared?

A SOPO will be recorded on the Police National Computer as a conviction and is classed as a ‘relevant order’. The SOPO will remain on the Police National Computer indefinitely and may be used in any future criminal cases, even once it is spent. However, a SOPO will not need to be declared once it has been spent unless it is necessary for occupational reasons (such as working with children). Before the SOPO is spent, it will need to be declared when asked, to employers, insurance firms and any other relevant company.

Can a SOPO be changed or removed?

It is possible for a person who is the subject of a SOPO to make an application to have it discharged or changed at any point. However, a court will only be authorised to discharge a SOPO completely within five years of it being made if it has the backing of the Chief Constable or the Commissioner of Police for that area.

If five years have passed since the order was imposed, the court does not need the permission of the police to discharge the order completely.

In all circumstances, the first point of contact in having a SOPO amended or discharged should be the specified Public Protection Unit police officer responsible for supervising each case. The officer’s permission is not necessary to make an application, but it might be that the amendment can be made through a mutual agreement prior to any court hearing.

Additional Support for Victims of Sexual Offences

If you, or someone you are close to, has been the victim of a sexual offence and you would like further advice or emotional support, the following organisations offer professional and specialised help:

• The National Domestic Abuse Helpline - Offering support and advice to those who have suffered any abuse within the domestic environment, including sexual offences. This organisation can offer help in leaving abusive relationships, suggesting how to diffuse high-risk situations, referrals to additional support services and much more.
• Survivors UK - An organisation aimed at supporting men, trans and non-binary victims of sexual abuse. The organisation offers advice and practical support for anyone who has been a victim of rape or any other sexual assault and aims to challenge, build and support.
• Life Centre UK - A UK based charity that offers emotional support for the victims and those connected to them following a sexual attack. The charity supports all genders.

There are also several Sexual Assault Referral Centres throughout the UK. These centres are specifically designed to support anyone who has suffered a sexual attack and provide access to specially trained doctors and nurses and support workers to provide emotional help.