Kangs Solicitors has been instructed to defend a client facing an application by the Chief Constable of West Midlands Police for a Sexual Risk Order. 

Helen Holder of Kangs Solicitors comments upon the circumstances and the relevant law.

Kangs Solicitors has a proven track record spanning more than twenty years of successfully representing clients accused of sexual offences.

We have acted in many high-profile investigations such as the wide-ranging Metropolitan Police investigation ‘Operation Yewtree’.

Recognised as one of the leading criminal defence firms in the country, we are top ranked in Band 1 and Tier 1 for our work in this area by both the leading legal directories Chambers UK and the Legal 500.

For an initial no obligation discussion, please call our Team at any of our offices detailed below:

The Circumstances | Kangs Sexual Risk Orders Solicitors

  • An Application was sought by the police for an Interim Risk Order against our client but, following representations submitted by the Kangs Team, the court refused the Application.
  • The court will decide the matter at a full hearing later this year.

Procedure For A Sexual Risk Orders | Kangs Sexual Offences Advisory Team

  • A Sexual Risk Order is a civil order which can be obtained from a Magistrates’ Court upon request by the police or the National Crime Agency.  
  • A Sexual Risk Order can be obtained against an individual who has not been convicted or even cautioned in respect of a ‘qualifying offence’ but who is thought to pose a risk of harm.  
  • Section 122A of the Sexual Offences Act 2003 provides that a Sexual Risk Order can be made if the Court is satisfied that the individual against whom the Application is made  has committed an act of a sexual nature as a result of which it is necessary to make such an Order for the purpose of:

(a) protecting the public or any particular members of the public from harm, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm outside the UK.

  • A Sexual Risk Order will list prohibitions which the individual must abide by, which must be necessary to protect the public in the UK or children or vulnerable adults abroad from harm and which may prohibit:
  • any unsupervised contact with a child under the age of 16 years,
  • the possession of any electronic device, unless its details have been provided to the police who are allowed to inspect it upon request,
  • use of the internet to communicate with a child under 16 years.
  • A Sexual Risk Order cannot require an individual to comply with conditions requiring positive action such as attending counselling and does not make an individual subject to the Sex Offenders Register. 
  • The individual must notify the police of their name and address within three days of an Interim or Full Sexual Risk Order being made and also any subsequent changes.

Duration Of A Sexual Risk Order | Kangs Sex Offences Defence Solicitors

An Interim Sexual Risk Order will be effective until the Final Sexual Risk Order.

  • Upon the grant of a Sexual Risk Order the Court will decide its duration having regard to the minimum term of two years.
  • There is no maximum length of time for a Sexual Risk Order and, whilst it could be indefinite this is now rare. 

Breaching A Sexual Risk Order | Kangs Criminal Defence Solicitors

  • Breaching a Sexual Risk Order, without reasonable excuse, is a criminal offence which may be tried in either the Magistrates’ or Crown Court. 
  • The maximum penalty in the Crown Court is five years imprisonment. 
  • A conviction for breaching a Sexual Risk Order will also make the individual subject to the Sex Offenders Register.

How Can We Help? | Kangs Sexual Offences Solicitors

If you receive Notice of Intention to apply for a Sexual Risk Order or any other Application concerning sexual allegations of any nature, it is vital that you obtain immediate legal advice.

Every case is different, with many being extremely complicated, and each one has to be carefully considered with our client’ s personal situation of the utmost importance.

The Team at Kangs Solicitors is experienced at advising and guiding clients through this worrying process and will assist with all aspects that may arise.

Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors

Our expert 24/7 Rapid Response Police Station Team is here to assist you on 07989 521 210 should you require advice and assistance out of office hours.

Hamraj Kang leads an award-winning team of lawyers nationally recognised for its excellence and expertise in the area of sexual offences investigations and prosecutions.

We welcome enquiries by telephone or email.

We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing.

Contact

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 0161 817 5020

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396