SEXUAL OFFENCES ACT 2003 s.104

September 12, 2014

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.

CRIME AND DISORDER ACT 1998 s.2(8) CRIMINAL PROCEDURE DEFECTS INDICTMENT ALLEGING BREACH OF SEX OFFENDER ORDER INDICTMENTS NULLITY OFFENDER SUBJECT TO SEXUAL OFFENCES PREVENTION ORDER s.113 s.2 SEX OFFENDER ORDERS SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS

February 18, 2010

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

February 17, 2009

A sentence of nine months’ imprisonment suspended for two years with a two year residence requirement imposed on an offender following his pleas of guilty to four counts of sexual activity with a child family member was unduly lenient but was not altered as there were sufficient exceptional circumstances.

ADMISSIONS BASIS OF PLEA CHILD SEX OFFENCES FAMILY RELATIONSHIPS LAWFULNESS OF SHORT SUSPENDED SENTENCE s.2(5) SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBERS SEXUAL OFFENCES ACT 2003 s.104 UNDUE LENIENCY

October 17, 2008

A disqualification from working with children was inappropriate where the offender posed a low risk of harm to young girls only and it was therefore replaced with a sexual offences prevention order reflecting this.

CHILD SEX OFFENCES CRIMINAL JUSTICE AND COURT SERVICES ACT 2000 s.28 DISQUALIFICATION FROM WORKING WITH CHILDREN REASONABLENESS OF DISQUALIFICATION FROM WORKING WITH CHILDREN RISK OF REOFFENDING s.104(2) s.106(3) Sch.3 SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES ACT 2003 s.104 TEACHERS YOUNG PERSONS

December 21, 2007

It was inappropriate to impose a sentence of imprisonment for public protection pursuant to the Criminal Justice Act 2003 s.225 on an offender convicted of making indecent photographs of children, because the link between the offending act of downloading images and the possible harm to children was too remote to satisfy the requirement that the offender’s reoffending would cause serious harm.

CRIMINAL JUSTICE ACT 2003 s.225 CRIMINAL LAW IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN LINK BETWEEN DOWNLOADING IMAGES AND HARM NEED FOR PUBLIC PROTECTION AND APPROPRIATENESS OF SEXUAL OFFENCES PREVENTION ORDERS RISK OF REOFFENDING s.104(2) s.106 s.106(3) s.143(1) s.224 s.224(3) s.225(1)(b) s.229 s.229(1) s.229(2) s.229(3) Sch.3 Sch.5 SENTENCING SERIOUSNESS OF OFFENCE SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS

July 27, 2006

A finding that a defendant did not pose a risk of serious harm to the public within the meaning of the Criminal Justice Act 2003 s.229 did not preclude the court from imposing a sexual offences prevention order under the Sexual Offences Act 2003 s.104 on that defendant.

CRIMINAL JUSTICE ACT 2003 s.229 EFFECT OF FINDING OF ABSENCE OF RISK OF SERIOUS HARM UNDER S.229 CRIMINAL JUSTICE ACT 2003 JURISDICTION RISK OF REOFFENDING s.104(1) s.106(3) s.224(3) s.225 Sch.3 SENTENCING SENTENCING POWERS SEXUAL ASSAULT SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS

December 16, 2005

There might be occasions, in which a sexual offences prevention order under the Sexual Offences Act 2003 s.104 was made to protect a child of a defendant, where the family court’s jurisdiction should be reflected in the order because of the additional flexibility it provided. In the circumstances a s.104 order was varied to provide that a father, who had abused his daughter, was prohibited from seeing his son only until the son reached the age of 16.

ART.8 EUROPEAN CONVENTION ON HUMAN RIGHTS CRIMINAL LAW FAMILIAL CHILD SEX OFFENCES FAMILY LAW HUMAN RIGHTS NECESSARY REQUIREMENTS FOR IMPOSITION OF SEXUAL OFFENCES PREVENTION ORDERS PARENTAL CONTACT PENOLOGY AND CRIMINOLOGY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE S.104 SEXUAL OFFENCES ACT 2003 s.104(1) s.104(1)(b) s.106 s.106(3) s.107 s.108 s.108(1) s.108(2) s.108(6) SCH.3 SEXUAL OFFENCES ACT 2003 SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS VARIATION OF SEXUAL OFFENCES PREVENTION ORDERS

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