The Anti-Social Behaviour, Crime and Policing Act 2014 introduced Sexual Risk Orders (‘an Order’) which are controversial to the extent that an Application for an Order can be made even if the subject of the Application has not been convicted or cautioned for a sexual offence
John Veale of Kangs Solicitors comments.
General Procedure | Kangs Sexual Risk Orders Defence Team
- An application for an Order is made to a Magistrates’ Court by the Chief Officer of a police area or the Director General of the National Crime Agency where the subject of an Application for an Order has committed an act of a sexual nature reasonable and the belief that an Order should be made.
- For an Order to be made, the Court must be satisfied that the subject of the Application:
- has committed a sexual act
- as the result of which it is necessary to make an Order for the purpose of
- protecting the public or particular members of the public from harm, or
- protecting children or vulnerable generally, or any particular children or vulnerable adults, from harm outside the UK.
- An Order can:
- prohibit any activity which it sets out
- be effective for a fixed period of not less than two years or further order
- impose prohibitions necessary for protecting the public, children and vulnerable adults both within and outside the UK from harm.
- impose a restrictions on foreign travel up to an initial maximum of 5 years, with the option of such a ban being extended for further periods.
- be varied, renewed or discharged and an Interim Order can be obtained whilst an Order is being processed by the Court.
Breach of an Order | Kangs Sexual Offences Defence Team
- A person served with an Interim Order or an Order must, within three days, notify the police of any additional name used and the address at which they are living. Any subsequent changes of name or address must be notified to the police within three days of that change.
- A person who without reasonable excuse, breaches an Order or, if so required fails to surrender their passport commits an offence for which the maximum sentence upon conviction is five years.
How Can We Help? | Kangs National Sexual Offences Defence Solicitors
If you are served with any Notice concerning an Interim Order or an Order, or if you are in breach of either Order, it is imperative that you seek immediate guidance from a solicitor experienced in handling such Orders.
At Kangs Solicitors we are able to assist and if you wish to discuss any aspect of an allegation of a sexual offence in further detail please contact our team through any of the following: