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 Sexual Offences Act 2003 s.82 was incompatible with the European Convention on Human Rights 1950 art.8 in subjecting certain sex offenders to notification requirements indefinitely without the opportunity for review. As a matter of principle, an offender was entitled to have the question of whether the notification requirements continued to serve a legitimate purpose […]
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 […]
