OFFENDER SUBJECT TO SEXUAL OFFENCES PREVENTION ORDER

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 return the case to the Crown Court, as it had not heard argument on whether the indictment had been so defective as to render the proceedings a nullity. The Crown Prosecution Service was asked to ensure that on the next occasion the issue arose, the court was able to deal with the nullity issue having heard full argument.