A decision to prosecute a 12-year-old boy for rape of a child under 13 had been taken by the Crown Prosecution Service following extensive consideration of its impact on the defendant. There was no basis for saying that its decision was incompatible with his right to respect for his private life under ECHR art.8.
CRIMINAL INVESTIGATIONS CRIMINAL PROCEDURE ECHR 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS HUMAN RIGHTS ACT 1998 PROSECUTIONS RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS
A person subject to the notification requirements of the Sexual Offences Act 2003 who wished to challenge a decision of a magistrates’ court to uphold a refusal to review the notification requirements should bring an appeal by way of case stated rather than pursue an application for judicial review.
APPEAL BY WAY OF CASE STATED RATHER THAN JUDICIAL REVIEW BURDEN OF PROOF CASE STATED CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 JUDICIAL REVIEW MAGISTRATES’ COURT UPHOLDING REFUSAL OF CHIEF CONSTABLE TO REVIEW REQUIREMENTS IMPOSED UNDER SEXUAL OFFENCES ACT 2003 NOTIFICATION REQUIREMENTS PROPORTIONALITY Pt 2 REVIEWS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.81(1) s.83 s.86 s.91 s.91(1)(b) s.91B s.91B(11)(b) s.91B(2) s.91B(4) s.91C s.91C(2) s.91D s.91D(1) s.91D(1)(b) s.91D(2) s.91E s.91F Sch.3 Sch.5 SEX OFFENDERS SEXUAL OFFENCES ACT 2003 s.91A STANDARD OF PROOF
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 was in accordance with the law.
CRIMINAL PROCEDURE ELECTRONIC MONITORING EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS MANDATORY REQUIREMENTS NO NEED FOR EXPRESS WORDING PENOLOGY AND CRIMINOLOGY PROHIBITION REQUIREMENT TO WEAR ELECTRONIC TAG RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.104 s.104(1)(a) s.104(5) s.106 s.106(3) s.107 s.107(2) s.108 s.108(5) s.113 s.4 Sch.3 SENTENCING SEXUAL OFFENCES ACT 2003 SEXUAL OFFENCES ACT 2003 s.107(1) SEXUAL OFFENCES PREVENTION ORDERS STATUTORY INTERPRETATION VARIATION
The practice of police officers visiting the homes of registered sex offenders for the purpose of monitoring their behaviour under arrangements made pursuant to the Criminal Justice Act 2003 s.325 did not constitute an unlawful interference with the offenders’ rights under the ECHR art.8.
art.8(2) CRIMINAL JUSTICE ACT 2003 s.325 ENTRY AND SEARCH EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS LAWFULNESS OF HOME VISITS BY POLICE MONITORING NOTIFICATION REQUIREMENTS PENOLOGY AND CRIMINOLOGY POLICE POWERS OF ENTRY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.325(8) s.80(2) s.91A s.96B SEX OFFENDERS SEXUAL OFFENCES ACT 2003 Pt 2
A doctor’s rights under ECHR art.8 would not be breached by the police disclosing information which had been unlawfully obtained during their investigation into a patient’s allegation of sexual assault against him to the General Medical Council for the purposes of its inquiry into the doctor’s fitness to practise.
art.8(2) DISCLOSURE ECHR 1950 art.8(1) EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 FITNESS TO PRACTISE GENERAL MEDICAL COUNCIL HEALTH HUMAN RIGHTS INTERVIEW RECORDS LEGITIMATE AIM MEDICAL ACT 1983 s.35A POLICE POLICE INQUIRIES PRIVATE DOCUMENTS PROFESSIONS PROPORTIONALITY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.1(1)(a) s.3(5) s.35A(4) s.35A(6) s.35C(2) SEXUAL ASSAULT
The inclusion of certain information on an individual’s enhanced criminal record certificate about an unsubstantiated allegation of sexual assault constituted a disproportionate interference with his rights under the European Convention on Human Rights 1950 art.8 where that information had an arguably unreliable basis and effectively ended the individual’s prospects of obtaining work in the caring community.
AMOUNTING TO DISPROPORTIONATE INTERFERENCE WITH RIGHTS UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS ART.8 DISCLOSURE ECHR 1950 ENHANCED CRIMINAL RECORD CERTIFICATES EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 FAIRNESS HUMAN RIGHTS POLICE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE UNSUBSTANTIATED ALLEGATIONS OF SEXUAL ASSAULT ON CERTIFICATE
A sex offender’s statutory obligation to provide bank account, debit and credit card details under the Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012 reg.12 was a necessary and proportionate means of achieving a legitimate policy objective of enabling police to be better able to trace offenders who had failed to comply with their notification requirements. As such that obligation was not incompatible with an offender’s rights under the European Convention on Human Rights 1950 art.8.
EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS JUSTIFICATION LEGITIMATE AIM NECESSITY OFFENDERS’ OBLIGATION TO PROVIDE BANK ACCOUNT DETAILS PENOLOGY AND CRIMINOLOGY PROPORTIONALITY reg.12(1) reg.12(2) reg.12(4) reg.13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SEX OFFENDERS REGISTER SEXUAL OFFENCES ACT 2003 (NOTIFICATION REQUIREMENTS) (ENGLAND AND WALES) REGULATIONS 2012 reg.12 STATUTORY AIM TO AID APPREHENSION OF OFFENDERS WHETHER OBLIGATION NECESSARY AND PROPORTIONATE TO STATUTORY AIM
The whole of the term of an extended sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.85 constituted the term for which a person was “sentenced to imprisonment” for the purposes of determining the notification period under the Sexual Offences Act 2003 s.82(1). There was nothing arbitrary or disproportionate about the imposition of an indefinite notification period given the statutory purposes and the existence of review provisions under s.91A to s.91F of the 2003 Act.
art.14 DISCRIMINATION EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 EXTENDED SENTENCES HUMAN RIGHTS IMPRISONMENT LENGTH OF NOTIFICATION PERIOD BASED ON WHOLE OF EXTENDED SENTENCE MEANING OF “SENTENCED TO IMPRISONMENT” IN S.82(1) SEXUAL OFFENCES ACT 2003 NOTIFICATION REQUIREMENTS POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.40A s.51(2D) s.76 s.76(1) s.80(1) s.82 s.82(1) s.82(2) s.85(2) s.85(6) s.91A s.91F SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 Pt 2 WHETHER INDEFINITE NOTIFICATION ARBITRARY AND DISPROPORTIONATE
Where a defendant had taken indecent photographs of a 17-year-old girl following intercourse on a “one night stand”, the judge had been correct to reject an argument that the situation came within the terms of the defence set out in the Protection of Children Act 1978 s.1A.
AGE art.10 art.6 CONSENT CRIMINAL LAW DEFENCES EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS INCIDENT OCCURRING ON “ONE NIGHT STAND” INDECENT PHOTOGRAPHS OF CHILDREN PROTECTION OF CHILDREN ACT 1978 s.1(1)(a) RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.1 s.1(1) s.1(1)(b) s.13 s.1A s.1A(1) s.1A(4) s.76 WHETHER SITUATION CAME WITHIN S.1A PROTECTION OF CHILDREN ACT 1978
Possible confusion caused by conflicting good and bad character directions to the jury was sufficient to make an appellant’s conviction for attempting to abduct a child unsafe.
ATTEMPTED ABDUCTION OF CHILD ATTEMPTS CHARACTER CHILD ABDUCTION CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(d) CRIMINAL PROCEDURE EFFECT OF CONFLICTING GOOD AND BAD CHARACTER DIRECTIONS ON SAFETY OF CONVICTION EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS INDECENT ASSAULT JURY DIRECTIONS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.101(3) s.112 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 141 2800504.