Magistrates had erred in dismissing the appeal of a convicted sex offender against a decision of a detective, acting on behalf of the chief constable, not to end the offender’s notification requirements.
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 […]
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 […]
A finding that a defendant did not pose a risk of serious harm to the public within the meaning of the Criminal Justice Act 2003 s.229 did not preclude the court from imposing a sexual offences prevention order under the Sexual Offences Act 2003 s.104 on that defendant.
There might be occasions, in which a sexual offences prevention order under the Sexual Offences Act 2003 s.104 was made to protect a child of a defendant, where the family court’s jurisdiction should be reflected in the order because of the additional flexibility it provided. In the circumstances a s.104 order was varied to provide […]
