At Sutton Defence Solicitors, we understand the gravity of facing sexual offence allegations while on licence for a previous crime. This article aims to provide you with a clear understanding of what happens legally when you commit a sexual offence while on licence in the UK. It is crucial to seek the right legal support from the earliest stage to navigate through the criminal justice system effectively.
For more information, please contact Stuart Sutton on 07798 753 720 or get in touch via our online contact form.
Understanding Sexual Offences
Sexual offences encompass a broad range of illegal behaviours, including rape, sexual assault, child sexual abuse, prostitution, and the possession or distribution of indecent images of children. It’s important to note that these offences are taken extremely seriously by the police and the criminal justice system.
Some examples of Sexual Offences:-
- Sexual Assault: Involves touching a person sexually without their consent
- Child Sexual Abuse: Involves forcing or inciting a person under the age of 16 to take part in sexual activity, including physical contact, non-penetrative acts, and non-contact activities such as encouraging children to view sexual images or grooming them for abuse.
- Possession /” making ”or Distribution of Indecent Images of Children: It is illegal to take, make, possess, or distribute indecent images of children, which includes photographs, video footage, drawings, tracings, and digitally created images.
- Prostitution: Offences related to prostitution include persistently soliciting in public, managing a brothel, or inciting another person to become a prostitute for gain.
- Obscene Pornography:/ Extreme images It is illegal to possess or distribute images that are deemed obscene extreme, such as those containing extreme violence/ sex with animals .
- Revenge porn : It is also an offence to disclose private sexual images of another person without their consent,
Arrest and Investigation
If you are arrested on suspicion of committing a sexual offence while on licence, it is essential to seek legal advice immediately. The police will conduct a thorough investigation into the allegation, which may involve inviting you for a voluntary interview or arresting you and taking you to a police station for questioning.
During the arrest, the police may seize any relevant property, such as computers, laptops, or phones, which could be of interest to their investigation. They will keep your property until their investigation is completed.
Depending on the evidence gathered during the investigation, the police may decide to charge you or release you on bail. If charged, you may be either freed on conditional bail or remanded in custody, depending on the seriousness of the offence.
Court Proceedings and Sentencing
If you are charged with a sexual offence, your case will proceed to court. The court will consider various factors when determining the sentence or disposal you will receive.
Sentencing Options
- Community Sentence: This involves serving the sentence within the community under the supervision of the Probation Service. It often includes engaging in rehabilitation programs and community service activities.
- Suspended Sentence: A custodial sentence that is not immediately served as long as you comply with specific conditions, such as refraining from committing further offences and participating in rehabilitation programs.
- Custodial Sentence: If a custodial sentence is imposed, you will be taken to a designated prison to serve your sentence.
The length of the sentence will depend on the severity of the offence and other relevant factors. It is crucial to have an experienced solicitor who can guide you through the court proceedings and ensure your rights are protected.
Consequences and Legal Requirements
Sex Offenders Register
If convicted of a sexual offence, you will be placed on the Sex Offenders Register (SOR). The length of time you remain on the register will depend on the sentence or order you receive upon conviction. The registration period can range from several months to an indefinite period.
As a registered sex offender, you will be required to provide personal information, such as your address, to the police within three days of conviction or release. Any changes in your details must be promptly reported. Failure to comply with the registration requirements is a criminal offence.
Sexual Harm Prevention Order (SHPO)
In many cases, a Sexual Harm Prevention Order (SHPO) will be applied for by the prosecution. An SHPO is a court order that aims to reduce or eliminate the risk of future offending. It may include prohibitions and restrictions on your behaviour, such as regulating internet access or contact with individuals deemed at risk.
Disclosure to Employers
Depending on your occupation or voluntary role, the police may inform your employer about your arrest or charges. It is essential to review your employment contract to understand your obligations regarding disclosure. While there is generally no legal obligation to disclose pending convictions, certain circumstances may warrant communication with your employer to address potential work-related implications.
Contact Our Sexual Offences Defence Lawyers (Yorkshire, London, Birmingham, Manchester)
At Sutton Defence Solicitors, we understand the complexities surrounding sexual offence allegations while on licence. Our experienced lawyers are committed to providing you with the best legal representation, ensuring your rights are protected throughout the process.
Our expert sexual offence solicitors are available 24 hours a day, 7 days a week, ready to advise and assist. For more information, please contact Stuart Sutton on 07798 753 720 or get in touch via our online contact form.
