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.
The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.
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.
