December 23, 2022
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Court Refuses to Make a Final Sexual Risk Order - Juliet Osborne Wins the Case for Our Client
Our client instructed us to represent him in Northampton Magistrates' Court in an application for a Sexual Risk Order. Juliet Osborne dealt with the police's applications for both an interim order and a full order. She successfully opposed the interim order and has now successfully opposed the making of the full Sexual Risk Order. Read this article to learn more about this case.
Following Juliet Osborne’s success in opposing an interim sexual risk order for our client in June, the matter was listed for a full contested hearing in Northampton Magistrates’ Court. You can read more about how Juliet successfully opposed the interim application at the first hearing here.
When Can the Court Make a Sexual Risk Order?
Under s122A Sexual Offences Act 2003, the legal test for the imposition of a sexual risk order is as follows:
The court may make a sexual risk order if—
- the court is satisfied on the balance of probabilities that the defendant has, whether before or after the commencement of this Part, done one or more of the acts of a sexual nature alleged by the person making the application, and
- the court is satisfied that as a result of the defendant acting in such a way it is necessary to make such an order for the purpose of—
- protecting the public or any particular members of the public from harm from the defendant, or
- protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
Like the test for an interim sexual risk order, this test is broad. As this is a civil application, the standard of proof required is lower than the criminal standard, making it an easier threshold to meet. The courts are also often minded to take a risk-averse approach, and frequently do find it necessary to impose a sexual risk order.
Juliet meticulously dissected the evidence provided in support of the Police’s application, which included WhatsApp messages spanning a period of 2 years
Such orders are usually applied for by Police where a complaint has been made, but a prosecution has not followed, the effect being that a sexual risk order may be imposed on a person with no conviction for any sexual offence, and where the evidence has never, and will never, be tested to the minimum standard required by our criminal justice system.
This is a worrying prospect for anyone facing such an application, and it can feel like the odds are stacked against them.
In all such applications, the evidence is largely hearsay and multiple hearsay, which in criminal proceedings is generally inadmissible. When an application is made to admit such evidence in criminal proceedings, the courts apply careful scrutiny.
How Did Juliet Succeed in Opposing the Sexual Risk Order Application?
Juliet meticulously dissected the evidence provided in support of the Police’s application, which included WhatsApp messages spanning a period of 2 years. She drew out each inconsistency between sources to highlight the fundamental problem of hearsay evidence. She also took note of alleged acts included in the application which were not of a sexual nature at all, and which were seemingly included solely for the purpose of casting suspicion on the client.
During the hearing, which lasted 5 hours, Counsel for Northamptonshire Police (the Applicant) called the officer in the case and one other live witness. Juliet diligently and effectively cross-examined both witnesses, then called our client (the Respondent) to give his version of events. Juliet conducted her examination-in-chief carefully, ensuring the client was insulated from the inevitable attacks which would follow by the Applicant in cross-examination. Juliet also called an alibi witness to assist in rebutting one of the allegations made.
Juliet’s forensic examination and preparation of the case, rigorous cross-examination, and methodical closing submissions undoubtedly led to this successful outcome for the client
In closing submissions, Juliet drew upon the evidence heard in court, and took the magistrates to each and every inconsistency in the case. She reminded the court each time of the inherent weakness of hearsay evidence. She referred to the legal test, highlighting each finding the Bench would have to make in order to impose the order. Juliet told the court that the wording of the legislation is important:
Firstly, that the court must be satisfied on the balance of probabilities that the Respondent had done one or more of the acts of a sexual nature alleged;
Secondly, that the court must find it necessary to impose the order for one of the purposes listed in the legislation; and
Finally, that if they did make any such findings, the court may make the order, it is not a must.
The bench retired for 30 minutes to consider their decision. Upon their return, they refused the application, stating that they found the Applicant’s civilian witness lacked credibility, that as a result of the significant inconsistencies in the evidence, they could not be satisfied on the balance of probabilities that the client had done the alleged acts of a sexual nature, and as such, that they did not find it necessary to impose the order.
Juliet’s forensic examination and preparation of the case, rigorous cross-examination, and methodical closing submissions undoubtedly led to this successful outcome for the client, who told her:
‘I wish to express my sincere gratitude for your expertise, dedication and support throughout my case. Your clear guidance, professionalism, and commitment made an incredibly challenging time much easier to navigate. I am deeply appreciative of the effort you put into achieving the best possible outcome. Thank you again for representing me with such skill and care.’
If you have been accused of a sexual offence, or the police are applying to the Court for a sexual order against you, it is imperative that you receive high quality legal representation. Contact Hill Twine Solicitors & Barristers now to find out how we can help you.
You may be interested in reading these posts to learn more about our expertise in defending those accused of sexual offences. Or, read more about our Criminal Defence work on our News & Blog page:
If you have any questions or need advice