Part 10: Management of offenders Chapter 3: Management of sex offenders Section 176: Sexual risk orders: power to impose positive requirements
This section makes equivalent amendments to the provisions of the 2003 Act relating to SROs to those made by section 175 in relation to SHPOs to enable the courts to impose positive obligations as conditions of an SRO. This can include a requirement to attend a behaviour change programme, alcohol or drug treatment, or to taking a polygraph test. Subsection (6) amends section 122H of the 2003 Act, the effect of which is to make a failure to comply with a positive obligation without reasonable excuse a criminal offence, in line with the current provisions on breaching negative obligations. A conviction for a breach is punishable by up to five years’ imprisonment and that individual becoming subject to the notification requirements for sex offenders.