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Continued Success For Adam Walker

Chief Constable of North Yorkshire Police and R (a youth), York Youth Court, application for a sexual risk order S. 122A Sexual Offences Act 2003.

Adam Walker appeared in this matter for the Respondent.

In order to grant an order the court must be satisfied that: S. 122A(6)

The defendant has…. done an act of a sexual nature as a result of which it is necessary to make such an order”

As to whether the defendant has done an act of a sexual nature the court must apply the criminal standard of proof (R v Manchester Crown Court ex parte McCann & Others (2002) UKHL 39).  Necessity can be found on the balance of probabilities.

The applicant in this case relied, in part, on evidence of allegations made against R which the Crown Prosecution Service had declined to prosecute.

District Judge Mallen ruled that, whilst there was some evidence of a sexual act, that act did not necessitate the making of the order.  Evidence of the discontinued prosecution could not be established to the required standard. Accordingly, the District Judge dismissed the application.

About Adam

Adam is a highly regarded defence practitioner and has appeared as defence advocate in a wide range of cases including rape, murder, GBH and bank fraud. Latterly Adam has defended clients across the North of England in a series of drug conspiracies.