22 April 2010

Reviewing Sex Offender Notification Requirements: Supreme Court decision

Under the Sexual Offences Act 2003 s.82, a person sentenced to 30 months imprisonment or more for a sexual offence has a lifelong "notification requirement".  In R (on the application of F) v Home Secretary [2010] UKSC 17, the Supreme Court has issued a declaration of incompatibility, finding this to be a breach of the person's rights under Article 8 of the European Convention on Human Rights.  The court considered that there ought to be a process for the notification requirement to be reviewed if a person is able to show that they are no longer a risk.  Under the scheme of the Human Rights Act 1998, it is now for Ministers/Parliament to determine whether to amend the law.

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The jury is out ..... Secretary of State for Justice announces proposals for criminal justice reform

Back in July, Sir Brian Leveson (a former Lord Justice of Appeal) published the first part of his Independent Review of the Criminal Courts...