Courts to get power to issue sexual harm orders
(CNS): An amendment to the Penal Code that is expected to be debated in the final session of the Legislative Assembly before it is prorogued ahead of the elections will make provision for sexual harm prevention orders. The change to the law will allow the director of public prosecutions, after consultation with the Royal Cayman Islands Police Service or other relevant agencies, to apply to the court for an order against convicted or even charged sex offenders that limits their travel and behaviour to protect the public.
The order can be in addition to any sentence and it can be imposed for up to five years and renewed or discharged following a successful application in the court. The legislation also allows an interim order to be imposed on a suspect charged but not convicted of sex offences if there is justification to protect the public at large or specific victims.
The draft legislation states that a sexual harm prevention order “shall prohibit a person from doing anything described in the order”. This includes any conditions that a court considers necessary to protect the public or victims, especially children. That could mean a prohibition on travel both within and outside the Cayman Islands.
Before making a sexual harm prevention order, the court must explain to the convicted person the purpose and effect of the order and the consequences if the person fails to comply with any of its requirements, which could lead to additional jail time.
Following a breach of any sexual harm prevention order, the court would be able to summons the person to appear and issue a warrant for the person’s arrest.
The bill also deals with an amendment to make creating, supplying or using equipment used in a fraud an offence.
Anyone with questions or comments on the draft bill can contact their MLA ahead of the opening of the LA next Wednesday.
Can we get one to prevent those convicted of or pled guilty to serious traffic offence from ever getting a driver’s license?
Specifically those who leave the scene of an accident
@ Diogenes.
I agree , but if it is not in the law , it can’t be enforced . But I am talking about dealing all sex offenders .
If not convicted this can apply? See the HRC all over that…
They have to be charged, and the order would fall away if they are acquitted. How is that any different to bail conditions? The alternative would be to remand in custody. Sure the accussed would prefer an order to remand. How is that a violation of their rights?
Great idea. Can we extend it to those convicted of violent disorder or firearms offences to stop them frequenting night clubs and bars whilst awaiting trial, and once they get out?Now theres a real deterrent for our wanna be gangsters.
What about the power to deport if the criminal are not Caymanian ? Why should the people of Cayman be stuck with the offender if he can’t leave the Islands ?
Expats convicted can be deported at the end of their sentence under existing law, and there would be no need for a restrictive order like this for them. This is designed to deal with our Caymanian sex offenders, who can’t be deported.
Except since they cannot tell whether someone is a Caymanian, it will apply to everyone.