1. UK introduces new Civil Orders to protect children and public UK and children or
vulnerable adults abroad
On 8th March 2015 the government introduced two new Civil Orders to replace three orders in Sexual Offences Act
2003 in the Anti-Social Behaviour, Crime and Policing Act. The Sexual Harm Prevention Order (SHPO) has replaced the
Sexual Offences Prevention Order and the Foreign Travel Order, and the Sexual Risk Order (SRO) has replaced the Risk
of Sexual Harm Order. The Davies Review in May 2013 highlighted that the previous orders under the Sexual Offences
Act 2003 did not provide adequate protection for children from sexual abuse, especially those abroad where for
example, “between April 2011 and March 2012, 66 cases of Britons [were] arrested on accusations of child sex
offences.”1 For example, Nicola Blackwood MP in the Parliamentary debates highlights that ‘since 2005 only 50 FTOs
have been granted. In 2007, a year in which 70 British citizens sought consular assistance for child sexual offence
arrests,not a singleFTO was granted.'2 British nationals are frequently travelling to foreign countries where there are
weaker laws in place and higher levels of anonymity; therefore, it is crucial that the SHPO and SRO allow the
government to prohibit travel abroad so as to protect children across the world as well as in the UK. One of the most
welcomed changes in the SHPO, which was pointed out by Robert Buckland QC MP in the Parliamentary Debate on
14th October 2013, was the change of an individual posing a threat of ‘serious sexual harm’ to only ‘sexual harm.’ All
sexual offences should be considered serious and thus it is necessary for the policeand the courts to placean order on
any individual who poses any risk to the public, children, or vulnerable adults.
The SHPO and the SRO will givepolicegreater powers to placea range of restrictions on individuals depending on the
nature of the case including preventing travel abroad. The new orders are strongly needed in the UK as unfortunately
the number of reports of children exploited or abused in the UK has increased by 60% over the last four years, which
indicates that the previous Civil Orders in place were not strong enough to protect children. Moreover, Police
recorded 36,429 sexual offences in the UK in 2013/2014 and NSPCC estimates that 1 in 20 children in the UK have
been sexually abused3 and the Children’s Commissioner estimated only this year that 16,500 children are at risk of
sexual exploitation, but the prevention orders are still failing to protect them.”4 Damien Green MP concurred that the
old orders were weak and needed to change, as he argued in the parliamentary debate that the “new clauses 14 and
15… will simplify and strengthen the existing civil order regime under the Sexual Offences Act 2003.”5 ECPAT UK
welcomes the new orders to restrict the activities of anyone who poses a risk of sexual harm to children and
vulnerable adults, in the UK and abroad.
1 Davies, Hugh. CivilPreventionOrders SexualOffences Act 2003. 15th May 2013. Web. 18th June 2015
2 House of Commons Hansard Debates 14th Oct. 2013(pt 0002). UK Parliament. Column 468-495. 14th October 2013.Web. 18th June2015
3 Ibid
4 Ibid
5 Ibid
Why are SHPO and SRO’s introduced?
1. To protect the public or any particular members of the public fromsexual harm
from the offender.
2. To protect children or vulnerableadults generally or any particularchild or
vulnerableadult,from sexual harmfrom the offender outsidethe UK.

2. Definitions:
 Act of Sexual Nature: undefined in legislation, but the government has issued a guidance to Sexual
Offence Act 2003 to help in the application and interpretation of the new legislation. Page 42 of the
guidance gives examples of the types of behaviour that might be considered as acts of sexual nature.
(The guidance notes that this list is not exhaustive or prescriptive, and will depend on the
circumstances of the individual case):
 Those specified acts that were set out for the purposes of the previous Risk of Sexual Harm
Order (some of which may be criminal in their own right), which included:
o Engaging in sexual activity involving a child or in the presence of a child
o Causing or inciting a child to watch a person engaging in sexual activity or to look
at a moving or still image that is sexual
o Giving a child anything that relates to sexual activity or contains a reference to
such activity
o Communicating with a child, where any part of the communication is sexual
 Acts which may be suggestive of grooming (see section below), such as
o contacting a child via social media
o spending time with children alone
 Acts which may be suggestive of exploitation, such as
o Inviting young people to social gatherings that involve predominantly older men
o Providing presents, drink, and drugs to young people
o Persuading young people to do things that they are not comfortable with and
which they had not expected.
 Acts which may be carried out in a gang or group of individuals of similar ages, ‘peer-on
peer’ (see section on gangs, above).
 Acts that do not involve children, but may generate a risk of harm to adults .
 Sexual Offence: There is no defined definition of sexual offence but in Part 1 of the Sexual Offences Act lists
out over 80 different actions that constitute a sexual offence in, which include but are not limited to: rape
through penetration of the vagina, anus, or mouth with a penis without consent, assault by penetration by
intentionally penetrating the vagina, anus, or mouth with any part of the body without consent, sexual
assault through one person intentionally touching another person in a sexual manner without consent,
causing a person to engage in sexual activity without consent, causing a child to watch a sexual act,
arrangingor facilitating commission of a child sex offence, meeting a child following sexual grooming, and
any sexual activity with a child.
 Appropriate date: the date the offender received a conviction, caution, or was subject to a finding for a
relevant sexual offence in either Schedule 3 or Schedule 5
 Grooming: when an adultwill communicatewith or act towards a child with the aimof engaging in unlawful
sexual activity with the child
 Sexual harm: defined in the Anti-social Behaviour Crime& PolicingAct(2014) as “…physical or psychological
harm caused by:
o a) The person committing one or more offences listed in Schedule 3
o b) The person committing anything outside the United Kingdom that would be an offence listed
in Schedule 3 if done in any part of the United Kingdom
 Schedule 3: sexual offences such as rape and sexual assault6
 Schedule 5: murder, manslaughter, kidnapping, false imprisonment, and outraging public decency.7
6 Sexual Offences Act 2003,Schedule 3. UK Government Legislation.2003.Web. 18th June 2015
http://www.legislation.gov.uk/ukpga/2003/42/schedule/3
7Sexual Offences Act 2003,Schedule 5. UK Government Legislation.2003.Web. 18th June 2015
http://www.legislation.gov.uk/ukpga/2003/42/schedule/5

3. Sexual Harm Prevention Orders
A sexual harm prevention order is a civil order that enables a Court to impose prohibitions on an individual who has
been convicted or cautioned of a sexual or violent offence under Sch.3 or Sch.5, including when the offence is
committed overseas. In order for the court to issue an SHPO it must be proved that since the appropriate date the
offender has behaved in a way that threatens sexual harm to the public or a member of the public. The SHPO lasts for
a minimum of five years with no maximum period, although it is not necessary to set a duration in the order and if no
duration is set than the order will exist until it is successfully appealed.
How is it made?
The Order can be made in two ways:
1. ‘By a court when it deals with the offender following a conviction for an offence listed in Schedule 3 or
Schedule 5 to the 2003 Act.
2. On a free standing application made to a magistrates’ court by a chief officer of police or the Director
General of the National Crime Agency (NCA) in respect of a offender with a previous conviction for an
offence listed in Schedule 3 or Schedule 5 to the 2003 Act.’8
 Or either the Court or a free standing application can be made if there is a finding that the offender is not
guilty of such an offence by reason of insanity or that the offender is under a disability but has done the act
charged or a caution received in respect of the offence.’
In order for a policeman to apply for an order related to a young person between 10 and 17 or if the offender suffers
from a mental disease the social services department should be consulted, if the Order poses a risk to Children the
Local Safeguarding Children Board must be referenced, and if a vulnerable adult is at risk the local authority’s Adult
Protection Committee can be involved.
Once the police have applied for an order, they must explain to the offender the reason for the decision, including the
meaning of the term sexual harm, and advice the offender to seek legal advice, though the police are under no
requirement to recommend a lawyer to the offender.
Considerations:
When a SHPO is applied for, the offenders risk must be considered with an assessment with reference to what the
likelihood of the offender committing a sexual offence is, the imminence of that offending and the potential harm
which may result from the sexual offence. Additionally, in the assessment of the present risk presented by the sex
offender must taken into account the date, nature, and circumstances of previous convictions and whether there is
any pattern between them, the current circumstance of the offender and how they might change, the disclosure
implications if an order is sought, the accuracy and relevance of the information about the individual (including an
assessment of the status of those expressing concern), the nature and pattern of the behaviour of the offender that
gave rise to concern, the extent of compliance of the offender, and the offender’s cooperation or otherwise with
therapeutic help and its outcome. It is strongly advised that when applying for an order the police consult other
organisations and professionals as appropriate. Similarly when the court is considering which prohibitions to put in
place on the order for the offender, it must consider whether an order will minimise the risk of harm to the public or
to the public or to any particular members of the public, whether the prohibitions are proportionate to the risk of
harm, and whether the prohibitions can be policed effectively.
Sexual Risk Order
A Sexual Risk Order is a civil order thatenables the Court to impose prohibitionson an individual who has done an act
of a sexual nature. It is necessary for an order to be made if there is reasonable cause to believe that they pose a risk
of harm, even if they have never been convicted or cautioned of a sexual or violent offence under Sch.3 or Sch.5,
including when the offence is committed overseas. The SRO has a minimum duration of two years and a maximum
duration of five years, with the lower age limit of offender at 10 years old.
8 Home Office. GuidanceonPart 2 oftheSexualOffences Act 2003. Home OfficeCommunication Directorate.March 2015. Web. 18th June
2015.
If the order is breached,it becomes a criminal offenceand can resultin
imprisonmentof up to 6 months or a fine or both.

4. How is it made?
A SRO may be applied for on a free standingapplication madeto a magistrates’ court by a chief officer of police or the
Director General of the National Crime Agency (NCA) in respect of a offender with a previous conviction for an offence
listed in Schedule 3 or Schedule 5 to the 2003 Act.
It is encouraged that the assessment for a SRO should be made in conjunction with other relevant agencies such as
Social Services or Child Protection Services in order to decide whether the individual poses a current risk of harm to
the public or to a child or vulnerable adult.
Considerations:
When a SRO is applied for an assessment of the present risk presented by the sex offender must taken into account
including the nature and pattern of the behaviour of the offender that gave rise to concern and any patterns within it,
the nature and extent of potential harm, the accuracy and relevance of the information about the individual, the
current circumstance of the offender and how they might change, whether anyone would need to give evidence, the
relevance of the offender’s previous convictions, cautions, and reprimands etc., the extent of compliance of the
offender, and the offender’s cooperation or otherwise with therapeutic help and its outcome. Similarly when the
court is considering which prohibitions to put in place on the order for the offender, it must consider whether an
order will minimise the risk of harm to the public or to the public or to any particular members of the public, whether
the prohibitions are proportionate to the risk of harm, and whether the prohibitions can be policed effectively.
Effect of the New Civil Orders:
Both the SHPO and the SRO prohibits the offender from doing any of the actions that have been written in the order,
which can include such as limiting their internet use, preventing them from being alone with a child under 16, home-
tutoring children, or preventing travel abroad.
Once a SHPO or a SRO has been applied for, the Court can apply an interim SHPO or SRO on an individual that
prohibits the individual fromanythingdescribed in the order until the Court makes a final decision on whether a SHPO
or SRO is necessary to protect the public, children or vulnerable adults.
Renewal, Variations, and Discharges:
A SHPO or a SRO may be renewed or varied so as to impose additional prohibitions on the offender if it necessary to
protect a) To protect the public or any particular members of the public from sexual harm from the offender or b) To
protect children or vulnerableadults generally or any particular child or vulnerable adult, from sexual harm from the
offender outside the UK. A variation will also take place to the order if the offender moves area or if a new group
needs protection also.However, an offender may appeal againstthe renewal/variation if the application was made to
the Crown Court or to the Court of Appeal. Additionally, the Order may be discharged before the five years is over if
there is consent from both the offender and the policeman.
The SHPO and the SRO are civil orders,butthe court must
applythe criminal standardandthus be sure the offender
has carriedout the relevantactsbefore makinganorder
as a resultof McCann - R (McCann & others) vManchester
CrownCourt [2002]

5. Act against Child Exploitation in Hotels
On 20th October 2014, under part 9, Section 116 the Act on Information about guests at hotels believed to be used for
sexual exploitation was added to the Anti-social Behaviour, Crime and Policing Act that allows the Police to gain
information on guests in hotels or similar establishments where there is reasonable belief that child sexual
exploitation is taking place. Currently in the UK, hotels have no specific legal requirements to register anyone who
stays in the premises who is under 16 and have no specific duties to report suspected child abuse with some hotels
going as far as deleting their guest entries even when suspected child abuse has occurred. In the last couple of years,
police have found several hotels or similar being used for sex abuse, with evidence from the Deputy Children’s
Commissioner suggesting that hotels and B & B’s may be the location for sex abuse around 1/6th of sexual abuse
cases.9 Under the new Act, it will allow police offers of at least the rank of inspector to place a notice on a hotel
operator that will require the hotel (or equivalent) to provide the names and address of guests over a specific period
of no more than six months. Once the notice expires, the police are able to apply for a subsequent notice on the hotel
if they still hold reasonable belief that child sexual exploitation is currently happening there. The hotel operator will
hold a responsibility to help protect the children from sexual abuse and if they have a notice, they will be required by
law to comply with it and the police and failure to do so will constitute as a criminal offence and a maximum penalty
of up to £2,500.
Protection of Children Abroad
The SHPO and the SRO are vital to protecting children abroad, as there is currently a weakness in laws and reporting
systems worldwide that cause children to be abused and it is crucial that countries continue to work together to
strengthen global laws and protect children and vulnerable adults worldwide. The UN estimates that two million
children arecurrently exploited in the international industry of sexual abuse and therefore, it “is not simply a problem
for foreign countries,” wrote Davies and Madeleine Wolfe in a recent report for Counsel (‘Toxic Exports: time for
change’, July 2013, pp26-28). Unfortunately, due to the weakness in laws globally, British nationals will travel to
foreign countries where the laws against child sexual abuse are weaker. For example, “Between April 2012 and May
2014,the British Association of Chief Police Officers received more than 100 notifications concerning convictions for
sexual offences against children in 19 EU countries, ranging from the rape of a minor to child abuse images.”10
Under a SHPO and a SRO the Court can impose a prohibition on an individual, under the new section 103C, to travel
outside of the UK. The offender must surrender their passport to the police during the entire duration of the
prohibition so as to ensure that they cannot leave the UK. An offender may also have an order applied if they intend
to do an activity abroad that would constitute as causing harm to a child or vulnerable adult in the UK, even if that
activity is not illegal in the foreign country where it is planned to be done. The maximum duration of a prohibition on
travel is five years but may be renewed at the end if the Court believes that the offender still poses a risk of harm to
the public, children or vulnerable adults abroad.
Management of Sexual Offenders in the UK
In the UK there is currently a Multi-Agency Public Protection Arrangements (MAPPA) who provide a series of
guidelines and arrangements for supervising offenders within communities. However, although “offenders are
monitored by officials working under MAPPA, according to the most recent MAPPA annual report, 97% of cases are
managed at level one – the lowest level of monitoring.” Level one means that there is a normal inter-agency
management of the offender with some communication and contact between the agency and the offender.
Moreover, there are currently 396 registered sex offenders who are missing across the UK, some of which have not
9 Berelowitz, Sue, CarleneFirminMBE, Gareth Edwards, and Dr Sandra Gulyurtlu. ‘I thought I was theonly one.The only onein theworld:
The Office of the Children’s Commissioner InquiryintoChildSexual Exploitationin Gangs andGroups. OfficeoftheChildren’s
Commissioner. November 2012. Web. 18th June2015
10 Robertson, Edward. ‘Wider front ina war onabuse.’ TTG@WTM: Thebusiness ofWorldTravelMarket.P. 30-31. 5th November 2014.
Print.

6. had any form of contact with the police for over a decade. 11 Therefore, ECPAT UK sees how MAPPA has the intention
to address sex offenders for crimes committed abroad but it is wholly lacking in detail to provide sufficient guidance
on this type of offending.
Important Changes to the Orders
The SHPO and the SRO have made significant and important changes to the pre-existing orders in the Sexual Offences
Act 2003, which include:
 The SHPO and SRO will now protect both children and vulnerable adults
 The new provisions allow for an order to be applied as soon as an individual presents a risk
 Greater flexibility of different duration periods for the orders and different prohibitions per case
 The offender may now appeal if they deem the order to be unfair
 S15 criminal offenceunder 2003 Act ‘meeting a child followingsexual grooming’now only requires one
meeting/intention of meeting for it to be an offence
 Protect children fromBritish offenders abroad and in the UK
 The National CrimeAgency can now apply for an order also
 Child abusenow includes written descriptions of child abuse
Further Action Needed
However, although the SHPO and the SRO have made significant progress in protecting the public, children, and
vulnerableadults from the risk of sexual harm, it is important to remember that the crime has not yet been eradicated
and there is still more progress that needs to be made, as well as issues with the SHPO and SRO, which include:
 Older orders in the Anti-Social Behaviour,Crimeand PolicingAct will still bein force and may now be
incompatiblewith leadingcaselaw and the SHPO and SRO
 No dischargecriteriafor orders has been listed
 Although there are examples,there is no clear definition for an ‘act of sexual nature’
 One reason it is hard to impose a risk of sexual harmorder is that such orders demand a criminal
standard of proof, even though they arecivil orders,and that difficulty may remain in respect of the
future orders
Resources
Alexander Topping (2015) ‘Hundreds of convicted sex offenders are now missing, new figures show’ The Guardian.
Carlene Firmin MBE, Dr Sandra Gulyurtlu, Gareth Edwards,and Sue Berelowitz (2012) ‘I thought I was the only one.
The only one in the world: The Office of the Children’s Commissioner Inquiry into Child Sexual Exploitation in Gangs and
Groups.’
ECPAT UK (2011) ‘Off the Radar: Protecting Children from British Sex Offenders who Travel.’
ECPAT UK (2013) ‘The Davies Review: Civil Prevention Orders Sexual Offences Act 2003’
ECPAT UK (2013) ‘Weak UK laws put children at risk of sexual abuse, warns ACPO report’
Edward Robertson (2014). ‘Wider front in a war on abuse.’ TTG@WTM: The business of World Travel Market
11 Topping, Alexander.‘Hundreds ofconvictedsex offenders are now missing,newfigures show.’ The Guardian. 10th March2015. Web.18th
June 2015.

7. Home Office(2014) ‘Anti-Social Behaviour, Crime and Policing Act – Fact Sheet: Child sexual exploitation at hotels’
Home Office(2013) ‘Anti-Social Behaviour, Crime and Policing Act – Fact Sheet: Protection from sexual harm and
violence’
Home Office(2015) ‘Guidance on Part 2 of the Sexual Offences Act 2003 ‘
Hugh Davies (2013) ‘Civil Prevention Orders Sexual Offences Act 2003’
Nicola Blackwood (2013) ‘Anti-Social Behaviour, Crime and Policing Act: Strengthening Civil Orders under the Sexual
Offences Act 2003’
UK Government Legislation (2014) ‘Anti-social Behaviour, Crime and Policing Act 2014’
UK Government Legislation (2003) ‘Sexual Offences Act 2003 Schedule 3’
UK Government Legislation (2003) ‘Sexual Offences Act 2003 Schedule 5’
UK Parliament(2013) ‘House of Commons Hansard Debates 14th Oct. 2013 (pt 0002)’
OliviaWoodward
June 2015
For further information or detailsofECPATUK training courses, please contact:
ECPATUK (End Child Prostitution,Child Pornography and Trafficking of Children)
Grosvenor Gardens House, 35-37 Grosvenor Gardens, London SW1W 0BS
Telephone: +44 (0) 20 733 9887, Fax: +44 (0) 20 733 9869 Email:
info@ecpat.org.uk Website: www.ecpat.org.uk