VIOLENT OFFENDER ORDERS (VOO)
Sections 98 117 Criminal Justice and Immigration Act 2008
Guidance
The VOO came into force on 3 August 2009 through provisions in the Criminal Justice and Immigration Act 2008.
Section 98 (1) provides that an order can made in respect of a qualifying offender that contains such prohibitions, restrictions or conditions as the court considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender. The prohibitions, restrictions or conditions may prevent the offender:
- From going to any specified place or premises, either at all or between specified times;
- From attending any specified event;
- From having any, or any specified description of, contact with any specified person.
NB. Any of the prohibitions restrictions or conditions in a VOO can relate to conduct in Scotland and Northern Ireland as well as to conduct in England and Wales.
The order can be for a period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged).
Procedure
Although the prosecutor plays no direct role in the application for a VOO, prosecutors should be aware of the provisions relating to the obtaining of VOOs.
Guidance published by the Home Office for police practitioners encourages early consultation between police and CPS where the proposed terms of a VOO are particularly complex or novel. It is important that prohibitions be realistic and practical, clear, concise and easy to understand.
If the terms of the VOO are clear and unambiguous, it will be easier at a later date to establish a breach of the VOO. This will in turn assist when prosecutors are making a decision whether to charge.
A copy of the guidance can be found on the Home Office website.
A chief officer of police may apply for a VOO (or an interim VOO) on complaint to a magistrates court in respect of a person who resides in that area, or who the chief officer believes is in, or intending to come to, that area.
Application for a VOO must be in writing, in the form approved by the Magistrates Courts (Violent Offender Order) Rules 2009.
Although a VOO can be applied for whilst a person is subject to a custodial sentence, license, hospital order or supervision order it cannot come into force whilst a person is still subject to such a sentence, license or orders section 101(5)
A chief officer can apply for a VOO if he or she believes that the following conditions have been met:
- The person is a qualifying offender; and
- The person has since the appropriate date acted in such a way as to give reasonable cause
to believe that it is necessary for a VOO to be made in respect of that person section 100(2)
The court must be satisfied that the person is:
- A qualifying offender, and
- That the person has, since the appropriate date, acted in such a way that it is necessary to make a VOO to protect the public from the risk of serious violent harm section 101(3)
When deciding if it is necessary to make a VOO, the court must take into account whether the person would be subject to any other measures that would operate to protect the public from serious harm section 101(4).
Qualifying offender
Under Section 99, a qualifying offender is a person who is:
- Over 18;
AND
- Who has been convicted (either before or after the commencement of these provisions) of a specified offence in respect of which a custodial sentence of at least 12 months was imposed;
- or a hospital order (with or without restriction) was made; OR
- Who has been found not guilty of a specified offence by reason of insanity, and the court made a hospital order or a supervision order; OR
- Who has been found to be under a disability and to have done the act charged in respect of a specified offence, and the court made a hospital order or a supervision order.
OR
- Who has been convicted under the law in force in a country outside England and Wales (either before or after commencement of these provisions) of a relevant offence and received a sentence of imprisonment or detention of at least 12 months, or an order the equivalent of a hospital order;
OR
- Who, in relation to a relevant offence, is made subject to an order equivalent to a hospital order or supervision order, following a finding equivalent to a finding of not guilty by reason of insanity; OR
- who, in relation to a "relevant offence", is made subject to an order equivalent to a hospital order or a supervision order, following a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence.
Relevant offences
A "relevant offence" for the purposes of determining whether evidence of previous conduct committed outside England and Wales is capable of being considered for the purposes of a VOO is defined by section 99(5) as:
- an act which constituted an offence under the law in the country concerned;
- which would have constituted a specified offence if it had been committed in England and Wales.
There is a presumption that an act would have constituted a specified offence, unless the offender serves a notice on the applicant denying that the condition is met and requiring the applicant to prove that the condition has been met section 99(7).
Appropriate date
The appropriate date is defined by section 100(5) as the date (or first date) that the offender became a qualifying offender under section 99 (2) or(4), for example, the date on which a sentence of 12 months imprisonment or more was imposed.
Sentences imposed or orders made before the commencement date of these provisions are included and therefore any sentence whenever imposed for a qualifying offence is relevant.
The police will have to provide evidence that the offender has since that date acted in such a way that gives rise to the need for an order.
Protecting the public from serious harm
Before making a VOO the court must be satisfied that a VOO is necessary to protect the public or any particular member of the public from serious violent harm. This is defined as protecting the public in the UK or any particular members of the public from a current risk of serious physical or psychological harm, caused by the offender committing any one or more specified offences section 98(2).
Notification requirements
All persons the subject of a full or interim VOO will also be subject to notification requirements section 107.
The Criminal Justice and Immigration Act 2008 (Violent Offender Orders) (Notification Requirements) Regulations 2009 set out the notification requirements for a person who is subject to a VOO (or interim VOO) who wishes to travel outside the UK.
The regulations also prescribe that a person subject to a VOO (or interim VOO) who has no sole or main residence in the UK must give a notification under section 110 once a week
Offences
It is the responsibility of the CPS to prosecute the offence of breach of a VOO, breach or notification requirements, or providing false information, pursuant to s.113 of the Act.
When making the decision to prosecute, prosecutors should apply the Code for Crown Prosecutors.
Proceedings for breach of a VOO, or interim VOO, or proceedings for breach of notification requirements should not be undertaken by Associate Prosecutors.
Breach of a VOO
A person commits an offence if, without reasonable excuse, he fails to comply with any prohibition, restriction or condition of a full or interim VOO section 113(1)
The offence is triable either way and is punishable:
- on summary conviction 6 months imprisonment or a fine not exceeding the statutory maximum;
- on indictment imprisonment not exceeding 5 years section 113(6)
Breach of notification requirement
A person commits an offence if he fails to comply with any of the notification requirements specified by the Act section 113(2).
The offence is triable either way and is punishable:
- on summary conviction 6 months imprisonment or a fine not exceeding the statutory maximum;
- on indictment imprisonment not exceeding 5 years section 113(6)
Providing false information pursuant to notification requirements
A person commits an offence if he provides information in purported compliance with notification requirements that he knows to be false section 113(3).
The offence is triable either way and is punishable:
- on summary conviction 6 months imprisonment or a fine not exceeding the statutory maximum;
- on indictment imprisonment not exceeding 5 years section 113(6)
