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.

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 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 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.