Can I contest a Sexual Risk Order?

11 January 2018

In this article, Grant Long explains what a Sexual Risk Order is and how Old Bailey Solicitors can assist in challenging a police application which is unfair or unnecessary. 

Consider this scenario

You were arrested and interviewed by the Police concerning allegations of a sexual nature. To your relief, the Police decide not to prosecute. Perhaps there was insufficient evidence. Perhaps the alleged behaviour does not amount to criminal conduct. Perhaps the allegation was entirely fabricated.  You are not charged or cautioned upon release.  However, this may not be the end of the matter. The Police serve you with an application for a Sexual Risk Order.

The Police intend to apply to a Magistrates Court for an order even though you have not been charged, cautioned or convicted. They can obtain an order if there is evidence of an act of a sexual nature, that they reasonably believe you pose a risk to the public and that it is necessary to protect the public from harm.

A Sexual Risk Order is a civil order. If granted, the order will likely place prohibitive restrictions on you. You will be required to notify the Police of your name and address for the lifetime of the order which will be for a minimum of 2 years and can be until further order (indefinite).

There are serious consequences to breaching the order. You will have committed a criminal offence which on conviction could result in you receiving a prison sentence. Your breach may place you on the Sex Offenders Register.

Can I do anything about the application? 

Absolutely. You can contest the making of the order. You can oppose the prohibitive restrictions sought by the Police. If contested, a full hearing of the case will take place in the future to allow both sides to properly prepare. Be aware, that the Police will likely seek an interim order awaiting the outcome of the contested proceedings. Again, you can oppose the making of the interim order.

There is a lot that you can do to oppose but it will not be the easiest task in contesting the application unrepresented particularly given the Police will be represented by a lawyer. You can arrange representation. The implications of such an order are serious.  We have experience in contesting such applications. 

Call Old Bailey Solicitors on 0330 1000 347 (local rate call) to discuss your options to include how you can fund representation.

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