Source · Select Committees · Human Rights (Joint Committee)
Recommendation 163
163
Acknowledged
Clause 53 introduces a new interim SCPO (ISCPO) which would allow the High Court to...
Conclusion
Clause 53 introduces a new interim SCPO (ISCPO) which would allow the High Court to impose requirements on the subject while the full application is pending. The test for imposing an ISCPO is whether the court “considers it just to do so”. The aim of this provision is to provide for the immediate mitigation of potential risks and prevent harm to the public before criminal activities take place.
Government Response Summary
The government acknowledges the committee's description of the Interim SCPO (ISCPO) and defends the 'just to do so' test, arguing it allows swift action against public risk. It states a stricter threshold would delay vital interventions and highlights rights of appeal for individuals.
Government Response
Acknowledged
HM Government
Acknowledged
With regard to Interim SCPOs (ISCPOs), the Bill provides that the High Court may impose an ISCPO where it considers it “just to do so.” This standard enables the court to act swiftly in circumstances where there is a credible risk to the public, but the final SCPO application has not yet been determined. The court will assess the material presented and make an evaluative judgment, rather than applying an evidential test or standard of proof. Introducing a stricter threshold, such as one based solely on necessity, could delay vital interventions and risk allowing serious criminal activity to continue unchecked. The “just to do so” test reflects the urgent, preventive nature of interim orders and aligns with comparable regimes such as interim sexual risk orders and interim slavery and trafficking risk orders. These measures are strictly temporary and subject to review. If an individual considers the imposition of an ISCPO to be unjustified or disproportionate, they may apply for the order to be varied or discharged and have a right of appeal to the Court of Appeal, ensuring an appropriate balance between public protection and individual rights.