Part 2

Notification and orders

Sexual risk orders (England and Wales)

Sexual risk orders: requirements included in order etc.
122BA
1
A sexual risk order that imposes a requirement to do something on a defendant must specify a person who is to be responsible for supervising compliance with the requirement.
The person may be an individual or an organisation.
2
Before including such a requirement in a sexual risk order, the court must receive evidence about its suitability and enforceability from—
a
the individual to be specified under subsection (1), if an individual is to be specified;
b
an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
3
Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 122EA(5) and (6)).
4
It is the duty of a person specified under subsection (1)—
a
to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”);
b
to promote the defendant’s compliance with the relevant requirements;
c
if the person considers that—
i
the defendant has complied with all the relevant requirements, or
ii
the defendant has failed to comply with a relevant requirement,
to inform the appropriate chief officer of police.
5
In subsection (4)(c) the “appropriate chief officer of police means—
a
the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the defendant resides, or
b
if it appears to that person that the defendant resides in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform.
6
A defendant subject to a requirement imposed by a sexual risk order must—
a
keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and
b
notify that person of any change of the defendant’s home address.
These obligations have effect as requirements of the order.
Ss. 122A-122K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 4 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)
Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
S. 122BA inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 176(3), 208(1); S.I. 2022/1227, reg. 3(i)
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)