The Sexual Offences Act 2003 s.82 was incompatible with the European Convention on Human Rights 1950 art.8 in subjecting certain sex offenders to notification requirements indefinitely without the opportunity for review. As a matter of principle, an offender was entitled to have the question of whether the notification requirements continued to serve a legitimate purpose determined on a review.
ABSENCE OF RIGHT OF REVIEW Art.1 art.2 art.27 Art.27(2) Art.4 Art.4(1) Art.4(2) Art.4(3) COMPATIBILITY OF S.82 SEXUAL OFFENCES ACT 2003 WITH ART.8 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 DECLARATIONS OF INCOMPATIBILITY DIRECTIVE 2004/38 ON FREE MOVEMENT FOR EU CITIZENS AND THEIR FAMILIES 2004 art.4 DIRECTIVE 73/148 ON THE ABOLITION OF RESTRICTIONS OF MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY 1973 art.1 EC LAW EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 EUROPEAN UNION FOREIGN TRAVEL HUMAN RIGHTS NOTIFICATION REQUIREMENTS Part 2 PENOLOGY AND CRIMINOLOGY PROPORTIONALITY Pt 2 RESTRICTIONS REVIEWS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE RISK OF REOFFENDING s.108 s.114 s.118 s.125 s.5A s.81 s.82(1) s.82(2) s.82(6) s.83 s.83(1) s.83(1)(c) s.83(5) s.83(5A) s.83(6) s.84 s.84(1) s.84(2) s.85 s.85(2) s.85(2)(b) s.86 s.86(1) s.86(2) s.86(2)(a) s.86(3) s.87(1) s.87(4) s.91 s.91(1) s.91(1)(a) s.91(2) Sch.3 SENTENCING SEX OFFENDERS SEXUAL OFFENCES ACT 2003 s.82 YOUNG OFFENDERS
Convictions for rape and indecent assault were quashed where the Crown’s reliance on hearsay evidence of bad character in the form of statements containing allegations of rape had circumvented the restrictions on hearsay evidence in the Criminal Justice Act 2003.
ADMISSIBILITY ADMISSIBILITY UNDER S.114 AND S.116 CRIMINAL JUSTICE ACT 2003 BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.114(1)(d) HEARSAY EVIDENCE HEARSAY EVIDENCE CONTAINING UNPROVEN ALLEGATIONS OF MISCONDUCT Part 2 PREJUDICE RAPE s.101 s.114(1) s.114(2) s.114(2)(g) s.116 s.116(1) s.116(2) s.116(2)(a) s.116(2)(e) s.116(4) s.116(4)(b) s.9(8)
It was compatible with a child’s rights under the European Convention on Human Rights 1950 art.8 to convict him of rape contrary to the Sexual Offences Act 2003 s.5 in circumstances where the agreed basis of plea established that his offence also fell properly within the ambit of s.13.
art.6(2) art.8 BASIS OF PLEA CHILD SEX OFFENCES CONDUCT FALLING WITHIN AMBIT OF S.5 AND S.13 SEXUAL OFFENCES ACT 2003 CRIMINAL CHARGES CRIMINAL LAW CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6(1) HUMAN RIGHTS JUSTIFICATION LAWFULNESS OF PROSECUTOR’S DECISION TO PROSECUTE UNDER S.5 Part 2 PRESUMPTION OF INNOCENCE PROPORTIONALITY RAPE RIGHT TO FAIR TRIAL RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.13 s.9 s.9(1)(c)(ii) Sch.1 Sch.3 SEXUAL OFFENCES ACT 2003 s.5 STRICT LIABILITY YOUNG OFFENDERS
A judge had been wrong to undertake a trial of an issue concerning a defendant’s alleged conduct prior to an offence that had neither been admitted nor proved by verdict and further erred in using his findings against that defendant to form the basis of an assessment of dangerousness under the Criminal Justice Act 2003. However, in the circumstances, the judge was correct to impose imprisonment for public protection.
ASSESSMENT OF DANGEROUSNESS CHILD ABDUCTION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 1991 s.2 CRIMINAL JUSTICE ACT 2003 s.229 CRIMINAL LAW DANGEROUSNESS GUILTY PLEAS IMPRISONMENT FOR PUBLIC PROTECTION LEGISLATIVE INTENTION Part 2 PSYCHIATRIC EVIDENCE RESTRICTIONS RISK OF REOFFENDING s.224(3) s.225 s.225(2) s.225(3) s.229(2) s.229(2)(b) s.229(2)(c) SENTENCE LENGTH SENTENCING SENTENCING WITHOUT PRIOR JUDGMENT SEXUAL ASSAULT TRIAL OF ISSUE CONCERNING PREVIOUS ALLEGATIONS TRIAL WITHOUT JURY TRIALS OF ISSUE
An order for an extended licence under s.86 Powers of the Criminal Courts (Sentencing) Act 2000 was preventive not punitive, and the addition of such an order to a sentence of imprisonment for an offence committed before 1 October 1991 did not violate Art.7 European Convention on Human Rights.
ART.7 COMMITTED BEFORE 30 SEPTEMBER 1998 CRIMINAL JUSTICE ACT 1991 s.1(2)(b) CRIMINAL LAW CRIMINAL PROCEDURE CUSTODIAL SENTENCES DECISIONS PER INCURIAM EARLY RELEASE ECHR EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS EXTENDED SENTENCES EXTENSIONS HUMAN RIGHTS INDECENT ASSAULT LEGALITY LICENCES NATURE OF ORDER EXTENDING LICENCE PERIOD NO PUNISHMENT WITHOUT LAW OFFENCES COMMITTED PRIOR TO COMMENCEMENT OF CRIMINAL JUSTICE ACT 1991 Part 2 PENALTIES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 PREVENTIVE PUNISHMENT RETROSPECTIVE LEGISLATION RETROSPECTIVE PENALTY s.3 s.32(6)(a) s.33(1) s.33(3) s.37(1) s.38 s.44 s.85 S.86 POWERS OF THE CRIMINAL COURTS (SENTENCING) ACT 2000 SENTENCING SEXUAL OFFENCES SHORT TERM PRISONERS