Source · Select Committees · Human Rights (Joint Committee)
Recommendation 20
20
Rejected
Given that the threshold for imposing interim SCPOs is substantially lower than for full SCPOs,...
Recommendation
Given that the threshold for imposing interim SCPOs is substantially lower than for full SCPOs, there is a risk that they could be imposed in circumstances that do not justify a full SCPO. (Conclusion, Paragraph 166) To ensure respect for Convention rights, the prosecuting authorities and the courts must be careful to only seek and impose these interim orders where risks are imminent, such that an interim order is required. (Recommendation, Paragraph 166) 64
Government Response Summary
The government rejected the recommendation for prosecuting authorities and courts to apply interim SCPOs only where risks are imminent, arguing that the 'just to do so' standard is necessary for swift action and aligns with other regimes, with safeguards like temporary review and appeal rights.
Government Response
Rejected
HM Government
Rejected
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.