Sexual Offences: Sentencing
The question
To ask the Secretary of State for Justice, whether he has considered Introducing a statutory requirement for automatic no-contact orders to be imposed at the point of sentencing upon conviction for relevant sexual offences.
Answered by Catherine Atkinson
The Government’s Violence Against Women and Girls Strategy, published in December, focuses on relentlessly pursuing perpetrators, disrupting their behaviour and preventing reoffending, alongside supporting victims.
The police and courts already have robust powers to manage risk posed by sexual offenders. Almost all such offenders are subject to notification requirements (the Sex Offender Register). Breach is a criminal offence punishable by up to five years’ imprisonment, and individuals are managed under Multi Agency Public Protection Arrangements. The police can also apply for civil orders to manage risk.
The court can impose various protective orders on conviction or acquittal. Sexual Harm Prevention Orders can be applied to those convicted or cautioned for sexual or violent offences, and Sexual Risk Orders to individuals who pose a risk, even without a conviction. These orders can impose tailored restrictions, such as no-contact conditions or limits on internet use. Sentencing in individual cases is a matter for the courts and the judiciary, considering the full circumstances of the case.
In addition, when offenders are first released from prison, they are subject to licence conditions under the supervision of the Probation Service. The licence conditions can be tailored to manage specific risks, such as prohibitions on contact with children, entering certain areas, or forming new relationships without disclosure. A breach of licence conditions can result in immediate recall to prison.
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