Certain conditions of a sexual harm prevention order imposed on an offender who had committed sexual offences against children, which restricted his use of computers, mobile phones with internet access and remote storage, were quashed as they were disproportionate, unenforceable and did not give effect to the statutory purpose.
CHILD SEX OFFENCES CLOUD COMPUTING INFORMATION TECHNOLOGY INTERNET MEETING CHILDREN FOLLOWING SEXUAL GROOMING OPPRESSION PENOLOGY AND CRIMINOLOGY PROPORTIONALITY SENTENCING SENTENCING POWERS SEXUAL GROOMING SEXUAL HARM PREVENTION ORDERS VICTIM SURCHARGE
It was unjust for a Crown Court judge to order that a foreign travel order begin afresh from the date on which he had dismissed an appeal by an offender against that order. The order was to run from the date on which it had originally been made.
APPEAL REFUSED AGAINST ORDER IMPOSED ON RETURN TO UK COMMENCEMENT DATE CRIMINAL PROCEDURE FOREIGN TRAVEL ORDERS PENOLOGY AND CRIMINOLOGY RELEVANT COMMENCEMENT DATE s.114 s.115(2) s.117 s.117(3) s.117(5) s.118 s.118(5) s.119 s.119(2) s.122 s.97 SEXUAL ACTIVITY WITH CHILDREN SEXUAL HARM PREVENTION ORDERS SEXUAL OFFENCES ACT 2003 Pt 2 UK CITIZEN CONVICTED OF CHILD SEX OFFENCES ABROAD
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 sentence of imprisonment for public protection, which had been unlawfully imposed following an offender’s guilty pleas to two offences of indecent assault committed before the Criminal Justice Act 2003 Pt 12 s.225 came into force, was quashed and replaced by an extended sentence.
CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 (COMMENCEMENT NO.8 AND TRANSITIONAL AND SAVING PROVISIONS) ORDER 2005 CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUS OFFENDERS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION INDECENT ASSAULT PENOLOGY AND CRIMINOLOGY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85 Pt 7 s.225 Sch.37 Pt 7 SENTENCING SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES PREVENTION ORDERS UNLAWFUL SENTENCES
A recorder had erred in varying an order so that the identity of a young offender could be made public; he had given insufficient consideration to the public interest in the effective rehabilitation of the offender.
ANONYMITY CHILDREN AND YOUNG PERSONS ACT 1933 s.39 CRIMINAL PROCEDURE KIDNAPPING PENOLOGY AND CRIMINOLOGY REHABILITATION REPORTING RESTRICTIONS SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT YOUNG OFFENDERS
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
Despite a substantial delay in applying for judicial review, it was in the public interest to quash a court’s decision purporting to lift a sexual offender’s notification requirements. The court lacked power to make that order, and the grant of relief upheld the rule of law and ensured that all applications to life notification requirements were dealt with under the same procedure.
ABSENCE OF JURISDICTION ADMINISTRATIVE LAW COURT LIFTING NOTIFICATION REQUIREMENTS IMPOSED ON SEXUAL OFFENDER WITHOUT HAVING POWER TO DO SO DELAY EFFECT OF SUBSTANTIAL DELAY IN BRINGING JUDICIAL REVIEW CLAIM JUDGMENTS AND ORDERS JUDICIAL REVIEW NOTIFICATION REQUIREMENTS PENOLOGY AND CRIMINOLOGY Pt 1 PUBLIC INTEREST RULE OF LAW s.104(1) s.109(3) s.81 s.81(1) s.81(3) s.82(1) s.91 s.91A s.91A(1) s.91B s.91B(1) s.91B(2)(a) s.91B(8)(b) s.91C s.91D(2) s.91E Sch.3 SENTENCING SEX OFFENDERS ACT 1997 s.1 SEXUAL OFFENCES ACT 2003 s.80
An extended sentence was reduced on appeal to less than 30 months even though the offender had already served the sentence. The judge had imposed the lengthy extension period in order for the defendant to attend a sex offender treatment programme, but had not intended the consequence that the defendant would remain on the sex offender’s register for life.
EXTENDED SENTENCE CAUSING DEFENDANT TO REMAIN ON SEX OFFENDER’S REGISTER FOR LIFE EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN NOTIFICATION REQUIREMENTS OFFENDER PROGRAMMES PENOLOGY AND CRIMINOLOGY REDUCTION OF SENTENCE REDUCTION ON APPEAL BELOW 30-MONTH THRESHOLD SENTENCING SEX OFFENDERS REGISTER UNINTENDED CONSEQUENCE OF EXTENDED SENTENCE
A sexual offences prevention order was quashed where its terms were impermissibly wide. Since breach of such an order was a criminal offence carrying a maximum sentence of five years’ imprisonment, it was essential that the order was clear on its face, capable of being complied with without unreasonable difficulty and/or the assistance of a third party, and free of the real risk of unintentional breach.
BREACH CLARITY OF TERMS OF ORDER DRAFTING INDECENT PHOTOGRAPHS OF CHILDREN PENOLOGY AND CRIMINOLOGY RISK OF UNINTENTIONAL BREACH s.107(2) s.113(2) SAFEGUARDING VULNERABLE GROUPS ACT 2006 SENTENCING SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS
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