Bad character evidence in respect of complainants in sexual assault allegations had been properly excluded where a judge had decided that it lacked substantial probative value as it did not establish a propensity towards general untruthfulness. That exclusion avoided the inevitable, grossly prejudicial, admission of the accused’s previous convictions for sexual offences.
ADMISSIBILITY ATTACKS ON CHARACTER BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.100 CRIMINAL LAW PREVIOUS CONVICTIONS Pt 1 s.100(1)(b) s.101 s.101(1)(d) s.101(1)(g) s.3 SEX OFFENDERS SEXUAL ASSAULT WHETHER JUDGE PROPERLY EXCLUDED COMPLAINANTS’ BAD CHARACTER EVIDENCE
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
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
Magistrates had erred in dismissing the appeal of a convicted sex offender against a decision of a detective, acting on behalf of the chief constable, not to end the offender’s notification requirements.
CARLTONA PRINCIPLE CHIEF CONSTABLES CRIMINAL PROCEDURE DELEGATED POWERS DELEGATION DELEGATION OF CHIEF CONSTABLE’S DUTY NOTIFICATION REQUIREMENTS POLICE Pt 3 REVIEW OF NOTIFICATION REQUIREMENTS UNDER SEXUAL OFFENCES ACT 2003 S.91B s.1(3)(b) s.104(1) s.109(3) s.14 s.2 s.2(1) s.2(3) s.2(4) s.3 s.8 s.80(1) s.81(1) s.81(3)(c) s.83 s.83(5) s.83(5)(h) s.85 s.85(1) s.86 s.87 s.88A s.91 s.91A s.91A(1) s.91A(2) s.91A(4) s.91A(5) s.91B s.91B(1) s.91B(11)(b) s.91B(2) s.91B(2)(b) s.91B(4) s.91B(8)(b) s.91B(9) s.91C s.91C(1) s.91C(2) s.91C(3)(a) s.91C(4) s.91D s.91D(1) s.91D(1)(b) s.91D(1)(c) s.91D(2) s.91D(2)(a) s.91E s.91E(1) s.91E(2) s.91E(4) s.91F s.96B s.96B(1)(a) s.97(5) Sch.3 Sch.5 SEX OFFENDERS SEX OFFENDERS ACT 1997 s.1 SEXUAL OFFENCES ACT 2003 Pt 2 STATUTORY POWERS
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
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