An individual had been incorrectly convicted of a historic offence of rape against a family member because, at the relevant time, anal penetration did not constitute that offence under the Sexual Offences Act 1956 s.1. It was appropriate to substitute an alternative conviction for indecent assault, as the facts fell within the scope of s.14(1) […]
Where a person subject to a sexual offences prevention order had pleaded guilty to an indictment which mistakenly alleged that he had breached a sex offender order contrary to the Crime and Disorder Act 1998 s.2(8), the Court of Appeal found the indictment defective and quashed the conviction. It declined to annul the conviction and […]
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.
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 […]
