DETECTIVE INSPECTORSTEWART SLOAN

Grampian Police Offender Management Unit

Sexual OffencesPrevention Orders (SOPOs)

Effect of the Sexual Offences Prevention Order

A SOPO imposes conditions on the offender either prohibiting them from doing something described in the order or requiring them to do something described in the order. As well as the SOPO requiring the offender to comply with prohibitions and obligations, it also renders them subject to the sex offender notification requirement, commonly referred to as being an RSO or Registered Sex Offender.

The minimum duration for a full order is five years.

BASIC PRINCIPLES FOR SOPOS

There are four basic principles

to be kept in mind in relation to SOPOs:

1

SOPOs can be made against someone who is a "qualifying offender", that being a person convicted of a relevant offence or found not guilty by reason of insanity.  Relevant offences are detailed within Schedule 3 of Sexual Offences Act 2003.

Given that the fundamental purpose of a SOPO is to protect the public from serious sexual harm, a key factor to be considered is the risk presented by the person. Risk in this context should include reference to:

• the likelihood of the offender committing a sexual offence;

• the imminence of that offending;

• the seriousness of the harm resulting from it; and

• previous convictions and the type of victim(s) considered to be at risk.  

2

To secure a SOPO, the police will need to establish that there is a reasonable cause to believe that it is necessary to protect the public or individual members of the public, from serious sexual harm.

3

Care needs to be taken that the prohibitions and obligations in SOPO can be justified by the assessment of risk and are proportionate to the degree of risk the individual poses. The questions that need to be asked when considering a SOPO are:

 

Would it minimise the risk of serious sexual harm to the public or to any particular members of the public?

• Is it proportionate?

• Can it be policed effectively?

4

While there is a difficult balance to be struck between the rights of the offender and the need to protect the community, the need for SOPOs is dictated by the importance of protecting the public, in particular children and vulnerable adults. As a civil measure, SOPOs enable this to be done without recourse to the criminal law. It must be remembered that the only conditions which can be imposed are those necessary for the purpose of protecting the public from serious sexual harm from the offender.

These can, however, be wide ranging.

PROCESS

1. CIVIL

An application can be made by the Chief Constable for the relevant area to the Sheriff Court in the civil process via a Solicitor.  Many forces retain their own solicitor.  Before making a SOPO, the court must be satisfied it is necessary to protect the public or any particular members of the public from serious sexual harm from the offender. This type of SOPO is generally referred to as a Police SOPO

2. CRIMINAL

SOPOs can be imposed by the sheriff court when exercising criminal jurisdiction, or by the High Court.  These are also referred to as SOPOs on conviction.  In short, this means a Sheriff can impose a SOPO at time of conviction for a relevant offence, however, in practice this will be raised in the first instance by the Police reporting the offence and would seek to highlight the risks to the public of serious sexual harm and the necessity of the order along with potential or proposed restrictions.

PRACTICAL CONSIDERATIONS

• Assessment of present risk

• Multi Agency Information

• Mental Health/Capacity

• Policing the order

IMPLICATIONS

Breach of any conditions in the order becomes a criminal offence for which the subject may be arrested.  Such a breach requires to be proved by means of the same evidential standards of being beyond reasonable doubt.