Appendix 5: Civil Orders for managing MAPPA and other Sexual and Violent Offenders

This section summarises some of the orders that are available to support staff in their management of MAPPA offenders. Additional information can be obtained by reference to the relevant legislation.

Restrictive Orders

A number of orders (described below) were introduced in the Sexual Offences Act 2003 to manage the risks presented by sexual offenders.

Notification Order

A restrictive Order which requires sexual offenders who have been convicted or cautioned for a sexual offence overseas to register with the UK police, in order to protect the public in the UK from any risk that they pose. Police may apply to the court for the Order in relation to offenders living in, or intending to come to, the UK.

Sexual Offences Prevention Order (SOPO)

A restrictive Order that may be made by the Court at the time that an offender convicted of a sexual offence is sentenced, or may be made by the Court following an application by the police. The length of term that the SOPO may apply for varies. The minimum term is 5 years, but a SOPO may be imposed for the rest of the offender's life. A SOPO will require the subject to register with the police as a sexual offender and it may include conditions, e.g. to prevent the offender loitering near schools or playgrounds. If the offender fails to comply with the requirements of the Order, he or she can be taken back to court and may be liable to up to 5 years' imprisonment.

Foreign Travel Order

A restrictive Order that may be applied to prevent offenders with convictions for sexual offences against children from travelling abroad, where this is considered necessary to protect children from the risk of sexual harm. The Order is granted by the Court on application from the police. Recent changes under the Policing and Crime Act 2009 strengthened these provisions by increasing the maximum duration of an FTO from six months to five years; raising the age threshold from 16 to 18 years old; and providing for the automatic removal of a passport from an individual who is subject to a blanket FTO, banning him or her from travelling abroad to any country in the world. These changes came into force on 1 April 2010.

Other Relevant Orders

Disqualification Order

These were introduced by sections 28, 29 and 29A of the Criminal Justice and Court Services Act 2000. They are imposed by the Crown Court and prohibit an individual working in a prescribed list of occupations. These orders are imposed for life. The Disqualification Order provisions are due to be repealed when a suitable legislative opportunity arises. They will be replaced by provisions in section 63 of the Safeguarding Vulnerable Groups Act 2006 which will set up a new system under the Independent Barring Board (also known as the Independent Safeguarding Authority). This Act has received Royal Assent but has not yet been brought into force. At the time the current Guidance was drafted, Disqualification Orders may still be imposed and offenders subject to them are automatically eligible for MAPPA (Category 2).

Violent Offender Order

Violent Offender Orders (VOOs) were introduced in August 2009 as part of the government's commitment to do more to protect the public from violent offenders. They are civil preventative orders which the police can use to place controls on violent offenders in circumstances where they could potentially pose the greatest danger to the public. A VOO is issued by the magistrates' court upon application by the chief constable where the court is satisfied that the offender has, since becoming a qualifying offender, acted in such a way as to make it necessary to make a VOO for the purpose of protecting the public from the risk of serious violent harm. In order to qualify for a VOO the offender must be aged 18 years or over and have been sentenced to a custodial sentence of 12 months or more, or have received a hospital order or a (mental health) supervision order in respect of a specified offence listed in section 98 of the Criminal Justice and Immigration Act 2008.

More information can be found at:

http://www.crimereduction.homeoffice.gov.uk/violence/violence027.htm .