Serious Violence Reduction Orders: Police, Crime, Sentencing and Courts Act 2022 factsheet
Updated 20 August 2022
1. What are we going to do?
Courts will be able to make Serious Violence Reduction Orders (SVROs) in respect of offenders convicted of offences where a knife or offensive weapon was used or was present. The police will have stop and search powers to target those subject to the orders.
SVROs are intended to deter those offenders from carrying weapons as there is a greater likelihood of being caught and brought to justice.
2. How are we going to do it?
The court will be able to make an SVRO when someone is convicted of an offence involving a knife or offensive weapon, that is, any offence in which a knife or an offensive weapon was used in the commission of the offence or was present when the offence was committed .
The court will need to decide in individual cases whether it is necessary to make an order to protect the public or particular members of the public (including the offender) from the risk of harm involving knives or offensive weapons, or to prevent the offender from committing a further offence involving a knife or offensive weapon.
Police officers will have the power to stop and search a person subject to an order to look for knives or offensive weapons.
SVROs will apply to those aged 18 and over only.
SVROs will have a minimum duration of six months and maximum duration of two years, with the court deciding on the exact length.
The Act provides a right of appeal against the making of an SVRO, as well as provisions for variation, renewal and discharge of an order.
Breach of a SVRO, through failure to do anything the offender is required to do by the order, providing false information to the police, telling a constable that they are not subject to an SVRO or the notification requirements, or intentionally obstructing the police in exercising the stop and search power, will be criminal offences punishable by a sentence of up to two years’ imprisonment, an unlimited fine, or both.
SVROs will be piloted in Merseyside, Thames Valley, Sussex and West Midlands police forces before a decision is made on roll out across England and Wales.
3. Background
SVROs implement the Government’s manifesto commitment to introduce a new court order to target known knife carriers, by making it easier for the police to stop and search those previously convicted of knife crime offences.
Knife crime and reoffending continue to be a serious problem, as indicated by a rise in the number of people coming before the courts to be sentenced for a repeat knife or offensive weapon offence and dealt with under the ‘two strikes’ legislation introduced in 2015. The public does not want to see knife offenders released from their sentence going back onto the streets again carrying knives. It is concerning that 29% of knife or offensive weapons offenders in the year to September 2020 have previous knife or offensive weapon cautions or convictions. There is evidence that targeted interventions at high risk offenders could be successful, as we know that 5% of persistent offenders commit 50% of crime. This proportion may be even higher for serious violence.
The Government is determined to do more to help the police target those who have already been convicted of knife or offensive weapons offences, but who persist in unlawfully carrying a knife or a weapon and who are likely to go on to commit more violence. Our communities are suffering because of those offenders. Individuals from ethnic minority backgrounds . in particular, are disproportionately impacted. Recent studies have shown that homicide victimisation rates since 2000 have been about five times higher for black victims compared to white victims. The disparity is greatest, and has been increasing, in the 16-24 age group. For that group, black victimisation rates have been more than ten times higher than white rates on average since 2000 with the most recent data from 2018-19 showing a homicide risk for young black people 24 times higher than that of young white people.
These new orders are intended to help to tackle high risk offenders, by making it easier for the police to search them for weapons, and to help protect them from being drawn into further exploitation by criminal gangs, by putting a stop to any weapons carrying. Targeted use of stop and search, as part of a wider approach to intervene and support offenders, aims to help to safeguard those communities most at risk.
The Home Office ran a public consultation on the design of SVROs from 14 September to 8 November 2020. We received 548 responses to the consultation. The vast majority of responses (89%) were from members of the public with 61 (11%) responses from agencies and stakeholders.
Most responses were supportive of the legislation (77%). We have listened to the voice of the public. We are clear that communities do not feel safe and that we must do everything in our power to provide the police with additional powers to enable them to target those offenders who are considered to pose the highest risk.
Some respondents raised concerns, in particular about disproportionate impact on individuals from ethnic minority backgrounds. This is why we will pilot the model in fourforces before a decision about rollout across England and Wales.
Further information on the responses to the consultation can be found in the Government consultation response.
A draft of the Statutory Guidance on SVROs can be found here.
4. Frequently asked questions
4.1 What are the trends in serious violence?
Offences involving knives or sharp instruments increased by 84 per cent between the year to June 2014 and the year to June 2020. Although there was a decrease of 3% in the year ending September 2020, but this was largely attributed to the decrease seen in April to June 2020 compared with the previous quarter.
In the year ending September 2020, 248 people were stabbed to death in England and Wales.
The number of offenders cautioned or convicted for repeat knife and offensive weapons possession offences rose by 16% (from 4,196 to 4,866) between the year ending March 2017 and the year ending March 2020.
The number of hospital admissions for assault by a sharp object increased by more than 20% between the year ending September 2014 and September 2020.
4.2 Who is being convicted for serious violence?
Most are adults, and in the under 18 population, most sentenced are in the 16-17 age group. Most are male and white although black adults have higher rates of conviction. 29% of knife or offensive weapon offenders in the year to September 2020 have previous knife or offensive weapon convictions or cautions. A prolific 5% of individuals commit 50% of all crime, and this proportion may be even higher for serious violence.
4.3 Who are the victims of serious violence?
Young men are most likely to be victims. Although there are more white victims overall, black and Asian people are disproportionately impacted. Recent studies have shown that homicide victimisation rates since 2000 have been about five times higher for black victims compared with white victims. The disparity is greatest, and has been increasing, in the 16-24 age group. For that group, black victimisation rates have been more than ten times higher than white rates on average since 2000 with the most recent data from 2018-19 showing a homicide risk for young black people 24 times higher than that of young white people.
4.4 Why are you introducing these powers on the basis of a pilot?
We are introducing these powers on the basis of a pilot before making a decision on whether we should introduce them across England and Wales. This will allow us to test, learn and refine. We want to ensure that, collectively, we are confident that these powers will be used in the intended way – to deter offenders, help change behaviour and provide reassurance to communities that action is being taken.
4.5 How will the pilot be evaluated?
We have appointed an independent evaluator for the pilot and they will work with the pilot police forces to ensure that an impact and process evaluation of activity undertaken through pilot can be carried out.
The pilot will monitor and gather data on a number of different measures including building evidence on reoffending and the outcomes for offenders who are subject to an SVRO, the effects of SVROs, how we ensure that vulnerable offenders are directed to local intervention schemes and community responses to the orders.