Major investigation and public protection

Court orders and notices

Court orders and notices

This module provides MOSOVO officers, as well as other officers and staff involved in investigating and prosecuting sexual offences, with information about the different types of court orders and notices that are available to restrict the behaviour of individuals who pose a risk of sexual harm to the public in the UK and abroad.

The section provides and overview of the orders set out in Part 2 of the Sexual Offences Act 2003 (SOA) and those later introduced by Schedule 5 of the Anti-social Behaviour, Crime and Policing Act 2014. It provides links to further guidance and advice on making an application for an order, as well as information relating to monitoring and enforcement.

Orders to prevent sexual harm

A range of orders is available to police to prevent sexual harm and safeguard potential victims. The suitability of a particular order depends on the nature of the risk posed by the individual offender and the circumstances involved. MOSOVO officers should have regard to the full statutory guidance on Part 2 of the Sexual Offences Act (SOA) when considering or making any application.

MOSOVO officers should carry out an assessment on a case-by-case basis in order to determine the most appropriate order to use. It is often appropriate to include the views of partner agencies in this assessment. It is always necessary to do so when the defendant is under 18 years of age.

Repealed orders

MOSOVO officers may manage individuals who are subject to a repealed order. In particular, MOSOVO officers should be aware the sexual offences prevention order (SOPO), the risk of sexual harm order (RSHO) and foreign travel order (FTO) were replaced by the Sexual Harm Prevention Order (SHPO) and Sexual Risk Order (SRO) on 8 March 2015 following amendments to the Sexual Offences Act 2003 by the Anti-social Behaviour, Crime and Policing Act 2014.

For a summary of these changes see Protection from sexual harm and violence.

Sexual harm prevention order (SHPO)


Sexual risk order (SRO)

Foreign travel restrictions

SHPOs and SROs may both contain foreign travel prohibitions in order to protect children or vulnerable adults abroad. Restrictions may include prohibition on travelling to a certain country or countries named or described in the order, or all countries outside the UK. Further information about foreign travel restrictions can be found at page 50 of the statutory guidance on Part 2 of the SOA.

The relevant MOSOVO staff should be aware of or attend every hearing regarding a foreign travel prohibition and should ensure that the court confirms with the offender which police station to attend to surrender their passport(s). The court should also confirm the time limit for attendance and surrender of passport(s). (Note – the definition of passport is extended in the SOA 2003 to include documents that could be used, in some or all circumstances, in place of a passport – for example and ID card). See also HMPO watch list.

Passport surrender

An offender who is the subject of a SHPO or SRO prohibiting them from travelling to all countries outside the UK is required to surrender their passport(s) at a police station specified in the order. The station reception staff at that location should be briefed accordingly. Any attempts to surrender passport(s) or other travel documents at another location will be refused and dealt with as a breach of the order.

If an offender attends a police station having been instructed to surrender their passport(s), the following procedure is suggested:

  • check the passport(s) against other available identity documents to verify their identity
  • seize the passport(s) following local procedures for seizing property
  • issue a receipt acknowledging possession of the document
  • store the passport(s) in accordance with local force procedures regarding property retention
  • confirm with the MOSOVO officer that the passport has been surrendered.

Each MOSOVO unit is responsible for keeping original documents secure and ensuring sufficient audit trails exist on ViSOR. This will support proving a case in court if a foreign travel prohibition is breached.

Failure to surrender passport(s)

If the offender fails without reasonable excuse to surrender their passport(s), they are breaching their SHPO or SRO.

To effectively enforce foreign travel prohibitions, it is essential that any person who fails to surrender their passport is swiftly brought to justice and the passport(s) recovered. As such situations are rare, officers and staff should seek the advice of a supervisor on how to deal with the offender. It may be appropriate to arrest the person for the offence at this point to secure and preserve evidence, or to hold a voluntary interview under caution. If either option is not appropriate in the circumstances, officers and staff should use local tasking and coordinating procedures to ensure that action is taken at the earliest opportunity and in any case within 24 hours.

Her Majesty’s Passport Office watch list

Foreign travel restrictions can be imposed, for example, under a SHPO by virtue of section 103D of the SOA 2003. To implement the restrictions, staff should submit a request to HMPO for information/flagging on a DPA section 29(3) form.

Requests should be made electronically and authorised in the email chain. This ensures that any attempts to hide the existence of a passport or to claim it has been lost but not formally reported are identified. This also records the police interest in the subject with HMPO.

See Travelling abroad for more information on offenders who are planning to travel or are known to have travelled abroad.

Making an application for a SHPO, SRO or NO

When making an application for a SHPO, SRO or NO, MOSOVO officers are obliged to have regard to the full Home Office statutory guidance on Part 2 of the SOA; in particular pages 24 to 32 cover general principles for applications for these orders. Forces may also issue their own guidance on local processes and procedures relating to the civil orders.

Consultation

As well as consulting partner agencies when making an application for an order, MOSOVO officers should ensure that they routinely consult their force legal department, and, where necessary, the CPS on matters such as the wording of unusual or complex prohibitions to ensure that any breaches are capable of being proved to the criminal standard.

Standard of proof

For both SHPOs and SROs the criminal standard of ‘beyond reasonable doubt’ applies. Where SHPOs are sought post-conviction this has already been proven because of the criminal trial. In instances where an application is made by the police or NCA via the magistrates’ court for a SRO, the behaviour causing concern needs to be proved beyond reasonable doubt.

Deciding whether or not an order is an appropriate intervention to protect the public is a separate consideration however, and is decided on the balance of probabilities.

Hearsay evidence is admissible when applying for civil orders. Proof of acts or behaviour can come from a number of sources including victims, witnesses, police officers, probation officers, psychologists and psychiatrists.

Staff should consider using expert evidence in the form of a report or statement from the expert who has had dealings with the defendant. The author of the report should be available to give evidence at the hearing.

Disclosure in court

Civil orders may be applied for in any magistrates’ court. As the applications are usually made in open court, officers and staff should consider the possible effects of disclosure. It may be appropriate to make the application in a court outside the area where the offender resides or to make an application for the court to prohibit publication of the individual’s name and address.

Proposed prohibitions

The prohibitions must be necessary for the purpose of protecting the public or any particular members of the public from sexual harm in the case of the SHPO and harm in the case of the SRO from the defendant.

The meaning of ‘sexual harm’ is defined in the Sexual Offences Act 2003 as physical or psychological harm caused by the defendant committing one or more offences listed in Schedule 3 of the SOA or by the person doing outside the UK anything which would constitute an offence listed in Schedule 3 if done in the UK.

All prohibitions should be necessary, proportionate, specific and enforceable. They should result from analysing the circumstances of the individual case and should be influenced by advice and information from partner agencies and services. Officers and staff should seek legal advice on the precise wording of particular prohibitions.

Offenders who may not yet be in a particular area

An order can be applied for in relation to an offender who may not yet be in a particular area but who is intending to go there (eg, an offender due to be released from prison). An order may prohibit the offender from doing anything specified in it.

Monitoring and enforcement of orders

Whenever a court order or sentence for public protection is in place, police forces should work with their local probation service, where appropriate, to ensure that offenders understand the requirements of each order or sentence.

Once a civil order is obtained, the MOSOVO unit is responsible for updating all local and national databases (eg, PNC, and ViSOR). Systems should also be in place to ensure that police officers and staff, for example, those within neighbourhood policing teams have appropriate information. Other agencies should also be informed about civil orders and any contribution they can make in monitoring and enforcement.

Offender records and risk management plans should include details of how staff will monitor and enforce particular conditions in an order. This includes agreeing arrangements for monitoring orders with other agencies, eg, providers of approved premises.

Breaches

Although these orders are civil, breaches are criminal offences and are prosecuted by the CPS in accordance with their code, see Crown Prosecution Service (2013) The Code for Crown Prosecutors.

Transition

Transitional arrangement for the repeal of SOPO, RSHO and FTO are set out in Section 114 of the Anti-social Behaviour, Crime and Policing Act 2014. MOSOVO should, however, note that Section 114 (4) provides that ‘from the commencement day there may be no variation of an existing order or an old order that extends the period of the order or of any of its provisions’.

Repealed orders

It is likely that MOSOVO officers will manage individuals who are subject to an old order, of the kind which has now been repealed and replaced in law. In particular, MOSOVO officers should be

Transitional arrangements for the repeal of the SOPO, RSHO and FTO are set out in Section 114 of the Anti-social Behaviour, Crime and Policing Act 2014. MOSOVO officers should, however, note that Section 114 (4) provides that ‘from the commencement day there may be no variation of an existing order or an old order that extends the period of the order or of any of its provisions’.

Alternative orders

Depending on the circumstances of the case, MOSOVO officers may want to consider using alternative orders and notices. This subsection gives an overview of the main alternatives, although this list should not be considered exhaustive.

Child abduction warning notices (CAWN)


Domestic violence protection notice (DVPN) and Domestic violence protection order (DVPO) – Section 24 Crime and Security Act 2010

Detailed guidance on DVPNs and DVPOs is available on the gov.uk website.

Violent offender order (VOO)
Violent offender order
Hospital order and guardianship order

In 2009, the Care Quality Commission (CQC) became the new health and social care regulator for England. It monitors the use of the MHA and publishes reports and provides responses of all visits it makes to NHS trusts and independent providers in England that detain patients under the MHA.

Page last accessed 25 April 2018