How essential is the defendant’s attendance at a hearing? Adrian Lower dissects the evidence
- Discusses the nature & purpose of Sexual Risk Orders.
- What does the absence of the defendant at the hearing mean for the continuity of the case?
Sexual Risk Orders (SROs) came into being on 8 March 2015, as part of the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No 8, Saving and Transitional Provisions) Order 2015 (SI 2015/373), amending the Sexual Offences Act 2003 (SOA 2003) to insert ss 122A-K into that Act. They replaced the Risk of Sexual Harm Order (ss 123-129 of SOA 2003). Unlike Risk of Sexual Harm Orders, there is no requirement that the court should be satisfied that the public are at risk of serious sexual harm from the defendant before the order is made.
The police or National Crime Agency may apply to the Magistrates’ Court (including the Youth Court) for an SRO if at any time the defendant had done an act of a sexual nature as a result of which there is reasonable cause to believe that such
