Friday, January 22, 2016

This is how the police can BAN you from having sex without their permission

Policing powers: Officers and the National Crime Agency only need to get the permission from a magistrate before being able to make a Sexual Risk order
Police officers have told a man in York that he must inform them 24 hours before he has sex - else he could end up behind bars.
The order was made earlier this week, with a court approving the request from North Yorkshire Police to prevent the man from having sex until May 19 unless he informs them beforehand.
But how are police forces across the country able to do this?
Let's take a look.

Sexual Risk order

Police officers have been able to ban the man from having sex without giving them 24 hours notice by making a Sexual Risk order.
The order was first proposed by then-Policing and Criminal Justice Minister Damian Green in October 2013, incorporated into the Antisocial Behaviour, Crime and Policing Bill.
The aim behind the law is to make it easier to monitor and restrict the activities of anyone who is deemed by the authorities to pose a risk of sexual harm to the wider public.
Sexual Risk order: First tabled in 2013, officers can ban people from having sex without their permission

How is the order made?

Local police forces or the National Crime Agency are able to apply to a magistrate to impose the order.
The person targeted by authorities in the order can then no longer have sex with someone without informing the local police force that they intend to do so within 24 hours.
They are also required to name their potential sexual partner.
An order can also restrict the internet use of the person subject to the order.
There is no maximum duration on the order, and they carry a minimum period of two years.
In the case we have reported on this morning, North Yorkshire Police had the interim Sexual Risk order approved by a York magistrate which will last until May 19, when they are expected to apply for the order to be extended.
PAYork Magistrates Court
York Magistrates Court: Police had their appeal for an interim order approved by a magistrate

Who can authorities place the order on?

Sexual Risk orders can be applied to anyone who authorities deem pose a risk of sexual harm.
They can be in the UK, or abroad at the time.
Those subjected to the order do not need to have been convicted of a crime, nor do they need to have been ever cautioned by officers.

Development of the new powers

Before the Sexual Risk order, the existing powers only covered cases where there was deemed to be a risk of serious sexual harm.
However today the orders can cover any form or risk of sexual harm - removing the requirement that it needs to regarded by a police force or the National Crime Agency as "serious".
Controversial: The risk of sexual harm no longer needs to be deemed "serious"

Defending the law

Damian Green MP, announcing the newly proposed law back in 2013, said that it was vital to "tighten the law on sex offenders and make it easier for police to monitor them".
British Conservative Party MP Damian Green (Pic:Reuters)
Proposals: British Conservative Party MP Damian Green tabled the Sexual Risk orders back in 2013

...but there are many critics too

Campaign group Liberty criticised the newly-introduced Sexual Risk order at the time.
In a statement the group criticised "the dangerous breadth and intrusiveness of these powers".