Sexual Harm Prevention Orders and Sexual Risk Orders | Kangs Solicitors
Sukhdip Randhawa of Kangs Solicitors takes a look at the orders introduced by the Anti-Social Behaviour, Crime and Policing Act 2014 which replaced the former Sex Offenders Prevention Order, Risk of Sexual Harm Orders and Foreign Travel Orders.
Sexual Harm Prevention Orders| Kangs Criminal Defence Solicitors
A Sexual Harm Prevention Order (‘a Prevention Order’) can be made by a Court in respect of an individual who has been convicted or cautioned ,including youth cautions, for a relevant offence and who poses a risk of sexual harm to the public in the UK, or children or vulnerable adults abroad.
A Prevention Order may contain any restrictions the Court deems necessary to impose for the purpose of protecting the public from sexual harm and its issue subjects the offender to the notification requirements for its duration.
A Prevention Order can be made at the time of sentencing for a relevant offence or as the result of freestanding application to the Court after the time of conviction and/ or caution.
Interim orders are available.
The minimum duration of a Prevention Order is five years and it can only be discharged within five years by agreement of both parties.
If no time limit is set, a Prevention Order will continue to apply until it is successfully appealed, discharged or a new order is made in respect of the same offender.
Breach of a Prevention Order, or an Interim Prevention Order, without reasonable excuse, is a criminal offence rendering an offender liable to six months imprisonment on summary conviction in a Magistrates’ Court, a fine, or both.
An offender sent to the Crown Court may be liable to a term of imprisonment up to five years.
There is a right of appeal to the Crown Court against a Prevention Order under Section 103 of the Sexual Offences Act 2003.
Sexual Risk Orders | Kangs Criminal Defence Team
A Sexual Risk Order (‘SRO’) can be made against an individual who has committed an act of a sexual nature, and as a result, there is reasonable cause to believe that the individual poses a risk of harm to the public in the UK, or children or vulnerable adults abroad, and that it is necessary to protect the public from harm.
The difference between a SRO and a Prevention Order is that an individual does not need to have committed a relevant offence or, indeed, any offence.
A SRO is a civil order that can be sought by the police against an individual who has not been convicted, cautioned etc. of an offence but who is none the less thought to pose a risk of harm.
A SRO, whether full or interim:
- prohibits the offender from doing anything described in it and which restriction must be considered to be necessary.
- cannot impose conditions requiring positive action.
- has the effect of requiring the individual to notify the police of their name and address throughout its duration.
The minimum duration of a full SRO is two years and it cannot be discharged within two years without the agreement of all parties.
There is a right of appeal to the Crown Court against the making of a SRO, any Interim Order, or any order renewing, varying or discharging it.
Any breach, without reasonable excuse, is a criminal offence for which, on summary conviction in a Magistrates’ Court, the punishment is up to six months imprisonment, a fine, or both and on indictment before a Crown Court, a term of five years imprisonment.
How can Kangs Solicitors Help ? | Kangs Criminal Solicitors
We have an experienced team of lawyers able to provide clear advice and pro-active support in relation to sexual offence cases and which is experienced in challenging the differing orders available under all of the legislation covering sexual offences.
We also have considerable experience of defending individuals involved in historical sexual abuse cases.
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Who to Contact | Our Team | Kangs Solicitors
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