Now that I am retired having been many years a magistrate with a long awareness of the declining freedoms enjoyed by the ordinary citizen and a corresponding fear of the big brother state`s ever increasing encroachment on civil liberties I hope that my personal observations within these general parameters will be of interest to those with an open mind. Having been blogging with this title for many years against the rules of the Ministry of Justice my new found freedom should allow me to be less inhibited in these observations.




Comments are usually moderated. However, I do not accept any legal responsibility for the content of any comment. If any comment seems submitted just to advertise a website it will not be published.

Monday, 25 January 2016

RISK OF SEXUAL HARM NOTICE//MIRTH IN THE MAKING




There`s an ancient proverb that says more or less that if one offers the devil a finger he`ll take the whole hand.  Apply the metaphor to the police and there is a neat congruity.  Domestic violence protection orders are such an example.  On the basis that the "victim" must always be protected from somebody these iniquitous actions can be applied by a police officer of superintendent rank or above. In practice no superintendent is going to attend such an alleged incident in person; s/he will rely upon a report from a constable or even a PCSO.  The consequences for those arrested and subjected to such an order can be life changing.  For further information government guidance is available here and as an example in practice Sussex Police have published this.  The College of Policing has its own text on the topic

In the Sexual Offences Act 2003 can be found the following:-(as amended by the
Anti- social Behaviour, Crime and Policing Act 2014)

126Interim RSHOs

(1)This section applies where an application for a risk of sexual harm order (“the main application”) has not been determined.
(2)An application for an order under this section (“an interim risk of sexual harm order”)—
(a)may be made by the complaint by which the main application is made, or
(b)if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3)The court may, if it considers it just to do so, make an interim risk of sexual harm order, prohibiting the defendant from doing anything described in the order.
(4)Such an order—
(a)has effect only for a fixed period, specified in the order;
(b)ceases to have effect, if it has not already done so, on the determination of the main application.
(5)The applicant or the defendant may by complaint apply to the court that made the interim risk of sexual harm order for the order to be varied, renewed or discharged.

The law of unintended consequences might apply to the application of this legislation so I wonder if the bright young minds in Petty France foresaw the possibilities that the sublime would  soon turn into the ridiculous if this poorly considered amendment were followed, as it was to be, by police to the extreme.  North Yorkshire Police in their wisdom would appear to have brought a smile and mirth to every sub editor worth his/her salt  with the decision to specify the conditions under which a man inter alia must inform them 24 hours before having sex with a woman. 

Once again this is an example of so called victim orientated law going beyond the bounds of reason. It will take resolve, good sense and strength for a bench to refuse such applications.  I fear that few will be able to withstand the pressures put upon them when the time comes.

 

1 comment:

  1. Tend to agree, though I notice that no quality paper seems to have picked this up and found out more of the facts. Other than saying he was not convicted of any sexual crime, the background facts were probably vital here.

    Like the cartoon which says it all really!

    ReplyDelete