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Thread: Big Brother? English Man ordered to tell police if he plans to have sex

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    Default Big Brother? English Man ordered to tell police if he plans to have sex

    http://www.bbc.co.uk/news/uk-england...shire-35385227

    "You must disclose the details of any female including her name, address and date of birth.

    "You must do this at least 24 hours prior to any sexual activity taking place."

    Sexual risk orders were introduced in England and Wales in March last year and can be applied to any individual who the police believe poses a risk of sexual harm, even if they have never been convicted of a crime.

    I can see where they are coming from and why such orders are imposed, but....... a step too far?

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    alcatel (24-01-16)

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    Without knowing the specifics of this case ...

    rape is one of the most horrific crimes that can be committed. But we (reasonable adults) all know this. There must have been something 'iffy' about this case - as in, even though the guy got let off, there must have been a feeling that he might have done it - but not enough evidence to secure a conviction. It might be arguable that the court order stomps on some of his rights, but if he poses a recognised threat to women, I'd say the rights of one don't outweigh the rights of any/all his potential victims. The order is only for 4 months, so, if he behaves himself he'll be ok.

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    Quote Originally Posted by LazarusRisen View Post
    Without knowing the specifics of this case ...

    rape is one of the most horrific crimes that can be committed. But we (reasonable adults) all know this. There must have been something 'iffy' about this case - as in, even though the guy got let off, there must have been a feeling that he might have done it - but not enough evidence to secure a conviction. It might be arguable that the court order stomps on some of his rights, but if he poses a recognised threat to women, I'd say the rights of one don't outweigh the rights of any/all his potential victims. The order is only for 4 months, so, if he behaves himself he'll be ok.
    I do agree. Such orders are only used in England and Wales.

    But, I would have concerns if such orders were to appear in Ireland, especially in the North, were you would have less confidence they were being used properly.

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    Quote Originally Posted by SteveB View Post
    I do agree. Such orders are only used in England and Wales.

    But, I would have concerns if such orders were to appear in Ireland, especially in the North, were you would have less confidence they were being used properly.
    Regardless of where they are used anyone that appeals will win,it may have to go to a higher court but that is simply not legal,much as I wish it were and know it should be in some cases.

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    Quote Originally Posted by bettercallsaul View Post
    Regardless of where they are used anyone that appeals will win,it may have to go to a higher court but that is simply not legal,much as I wish it were and know it should be in some cases.
    Whether it is "legal" or not is an interesting legal point.
    It would be illegal if it was a "court sentence" but British Magistrates have virtually unlimited powers to impose various temporary restraining orders and the like. These orders, in some cases, can be almost indefinitely extended and “temporary” can be a long time.
    Of course they can be constantly appealed, but without legal aid, this is expensive and can take a long time. And in the mean time the order continues.

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    Quote Originally Posted by SteveB View Post
    Whether it is "legal" or not is an interesting legal point.
    It would be illegal if it was a "court sentence" but British Magistrates have virtually unlimited powers to impose various temporary restraining orders and the like. These orders, in some cases, can be almost indefinitely extended and “temporary” can be a long time.
    Of course they can be constantly appealed, but without legal aid, this is expensive and can take a long time. And in the mean time the order continues.
    Appeals would in the long run cost nothing if you know you will win the case,that is the point.

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    Quote Originally Posted by bettercallsaul View Post
    Appeals would in the long run cost nothing if you know you will win the case,that is the point.
    This is a weird situation, though. He's not having his right to have sex removed, he just has to alert the authorities in advance. As it happens, it'd probably take as long to have his appeal heard as the (4 month) enforcement of the order. Perhaps naively, I've always lived by the maxim 'if you've nothing to hide, you've nothing to fear'.

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    Richard Atkinson, who chairs the criminal law committee of the Law Society, is concerned about the orders.

    "Of course, a great deal of stigma is attached to anyone who has such an order made and if the process of obtaining these orders is less than that is needed for a conviction then that's a very worrying departure from our normal standards."
    Last edited by SteveB; 22-01-16 at 19:54.

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    We are only given limited information about this case, so without knowing the exact details of the rape of which he was cleared, it's impossible to form an a definitive opinion on whether or not, this is a step too far. These are orders are requested by the police, they must have put forward their concerns to have this order issued in December. I, suspect that, the police may be doing further investigations whilst this order is in place.

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    Quote Originally Posted by Sexy Sandy 69 View Post
    We are only given limited information about this case, so without knowing the exact details of the rape of which he was cleared, it's impossible to form an a definitive opinion on whether or not, this is a step too far. These are orders are requested by the police, they must have put forward their concerns to have this order issued in December. I, suspect that, the police may be doing further investigations whilst this order is in place.

    Sandy x
    I agree but Even so and even if such investigations find the person guilty their is no hope in hell they can defend this decision in the highest courts.... and I agree with everyone that fact is sad.

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