Innocent until suspected guilty?
A sexual risk order is one of three new civil orders (the others being Sexual Harm Prevention Orders and Notification Orders) available under Part 2 of the Sexual Offences Act 2003 as amended by the Anti-Social Behaviour, Crime and Policing Act 2014. A Sexual Risk Order may be made against any individual who has not been convicted or cautioned for the offence but who nevertheless is thought to pose a risk of harm to the public in the UK and/or children or vulnerable adults abroad.
An application can be made to the magistrates’ court by the Director General of the National Crime Agency (NCA), as well as a chief police officer by for an order is made by way of complaint to a magistrates’ court. This means the court will act in its civil capacity and the civil rules of evidence apply meaning hearsay is admissible (however, the standard of proof in respect of the acts alleged remains akin to the criminal standard).
Stewart Begum Solicitors is highly experienced in challenging such orders. Get in touch today to see how wee can help you.