Increasing Police use of Sexual Risk and Interim Sexual Risk Orders

Sexual Risk Orders, or SROs, are increasingly being relied upon by the police to restrict the liberty and activities of innocent individuals suspected of committing certain types of sexual offences. As police investigations take longer and longer, due to a lack of resources, suspects can find themselves on bail, or simply released under investigation, for months or even years, whilst the police interrogate their computer equipment, or the Crown Prosecution Service consider how a case should be dealt with.

The police have the right to make an application to the court that controls the life of a suspect, whilst they decide whether or not there is enough evidence to make a case. Even when a defendant has been found not guilty of an offence, the police can have a second bite of the cherry and apply for an order controlling aspects of their digital and real lives. They can also apply when they have made the decision not to charge a suspect with an offence.

Until recently it was common for orders restricting the lives of defendants in sex cases to be imposed only at the conclusion of a case, when a sentence was imposed, and a Judge could properly consider all the facts of a case and a defendant’s circumstances.

However, Sexual Risk Orders give a judge or a bench of lay magistrates the power to restrict many aspects of an innocent individual’s life. The police can simply attend a magistrates court and ask that an order be made, at a single hearing, which drastically affects the freedom of an innocent suspect.

The consequences of breaching the terms of any order can be lifechanging, with a very strong possibility of a sentence of imprisonment being imposed if a breach is proved!

If you become aware that the police are making an application for an SRO or an interim SRO  you should contact JR Levins, immediately. We can discuss next steps and advise on how best to deal with your situation. JR Levins have a vastly experienced criminal defence team, with first rate experience of fighting SRO applications.

Any initial consultation, by phone or in person, will be free. We will advise on funding options for legal representation. In some cases legal aid will be available which means that legal representation in court will also be free.