The Home Office has proposed new powers that will entitle the police to impose greater restrictions on the activities of sexual offenders. One of the measures will affect those who not only have been convicted or cautioned for a sexual offence, but also those who pose a risk of sexual harm – even if they have not been convicted.
The Current Position
At the moment convicted sexual offenders are monitored by the police in several ways. The Crown Prosecution Service explains that such offenders have to:
- “report each year to their local police regardless of whether their circumstances have changed;
- inform the police if they change their name or address within three days;
- disclose if they spend seven days or more away from home; and
- supply their national insurance number.”
There are also a number of preventative measures that can be imposed.
These include ‘Sex Offences Prevention Orders’ – which deal with those who have been convicted of a serious violent offence, and can only be imposed if evidence shows that the person concerned poses a risk of “causing serious sexual harm” – and ‘Risk of Sexual Harm Orders ’, which apply to those who are thought likely to pose a risk to under-age children.
The courts also have limited powers to prohibit some sexual offenders from travelling overseas.
New Orders Proposed
The Home Office now plans to replace these orders with two new orders, and has tabled amendments that will bring them into effect in the Antisocial Behaviour, Crime and Policing Bill, currently going through the House of Commons.
Both powers will enable courts to place a range of restrictions on individuals, depending on the nature of the case. This may include limiting their internet use, preventing them from being alone with a child under 16, or preventing travel abroad.
Sexual Harm Prevention Orders
The first new order is the ‘Sexual Harm Prevention Order’, which will replace Sexual Offences Prevention Orders and Foreign Travel Orders.
If approved by Parliament, the new order will be available to be imposed on anyone convicted or cautioned for a sexual or violent offence, including where offences are committed overseas. The court will be able to impose the order on conviction, or if the police or National Crime Agency (NCA) apply to a magistrates’ court.
It will last a minimum of five years and will have no maximum duration.
Sexual Risk Orders
The second new order is the ‘Sexual Risk Order’, which will replace the Risk of Sexual Harm Orders. It will apply to people who pose a risk of sexual harm and magistrates’ courts will be able to impose the order on application by the police or NCA.
It will last a minimum of two years and have no maximum duration.
Speaking to BBC Radio 4’s PM programme, Richard Atkinson, chair of the Law Society’s criminal law committee, expressed concern about the proposals.
"Of course, a great deal of stigma is attached to anyone who has such an order made and if the process of obtaining these orders is less than that is needed for a conviction then that's a very worrying departure from our normal standards," he said.
The Bill is due to start the report stage of the Parliamentary Process next Monday (14th October).
Contact Lewis Nedas’ Criminal Lawyers in London
If you have been charged with a sexual offence you will require specialist criminal defence advice. Please contact our solicitors Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or complete our online enquiry form here.
This blog post is intended as a news item only - no connection between Lewis Nedas and the parties concerned is intended or implied.
Contains public sector information licensed under the Open Government Licence v2.0.
