Certain conditions of a sexual harm prevention order imposed on an offender who had committed sexual offences against children, which restricted his use of computers, mobile phones with internet access and remote storage, were quashed as they were disproportionate, unenforceable and did not give effect to the statutory purpose.
It was unjust for a Crown Court judge to order that a foreign travel order begin afresh from the date on which he had dismissed an appeal by an offender against that order. The order was to run from the date on which it had originally been made.
There was no need for the Sexual Offences Act 2003 to contain express wording to enable a person who was subject to a sexual offences prevention order to be required to wear an electronic monitoring device or tag when he was away from his residence. The interference with the person’s rights under the ECHR art.8 […]
The practice of police officers visiting the homes of registered sex offenders for the purpose of monitoring their behaviour under arrangements made pursuant to the Criminal Justice Act 2003 s.325 did not constitute an unlawful interference with the offenders’ rights under the ECHR art.8.
A sentence of imprisonment for public protection, which had been unlawfully imposed following an offender’s guilty pleas to two offences of indecent assault committed before the Criminal Justice Act 2003 Pt 12 s.225 came into force, was quashed and replaced by an extended sentence.
A recorder had erred in varying an order so that the identity of a young offender could be made public; he had given insufficient consideration to the public interest in the effective rehabilitation of the offender.
A sex offender’s statutory obligation to provide bank account, debit and credit card details under the Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012 reg.12 was a necessary and proportionate means of achieving a legitimate policy objective of enabling police to be better able to trace offenders who had failed to comply […]
Despite a substantial delay in applying for judicial review, it was in the public interest to quash a court’s decision purporting to lift a sexual offender’s notification requirements. The court lacked power to make that order, and the grant of relief upheld the rule of law and ensured that all applications to life notification requirements […]
An extended sentence was reduced on appeal to less than 30 months even though the offender had already served the sentence. The judge had imposed the lengthy extension period in order for the defendant to attend a sex offender treatment programme, but had not intended the consequence that the defendant would remain on the sex […]
A sexual offences prevention order was quashed where its terms were impermissibly wide. Since breach of such an order was a criminal offence carrying a maximum sentence of five years’ imprisonment, it was essential that the order was clear on its face, capable of being complied with without unreasonable difficulty and/or the assistance of a […]
