LENGTH OF NOTIFICATION PERIOD BASED ON WHOLE OF EXTENDED SENTENCE

May 1, 2013

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

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