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 […]
In determining under the Criminal Procedure (Insanity) Act 1964 s.4A(2) whether a defendant, who was unfit to stand trial, was guilty of voyeurism the jury had to be satisfied that he had deliberately observed another person doing a private act for the purpose of his own sexual gratification.
Where an indictment was a nullity by charging an offence of breach of a sex offender order contrary to the Crime and Disorder Act 1998 s.2(8) when no such offence existed at that time, it was impossible to substitute an offence of breach of a sexual offences prevention order contrary to the Sexual Offences Act […]
The judge had been wrong to allow a sexual offences prevention order to be varied by the adding of a condition prohibiting the offender from denying police officers access to his home to see whether other conditions of the order were being complied with.
A judge had correctly imposed a sentence of imprisonment for public protection upon an offender who had committed a series of sexual assaults against several girls under the age of 13. However, given the non-penetrative nature of the offences, a minimum term of six years was too long and was replaced with a minimum of […]
