||All England Reporter
|| All ER (D) 250 (Jul)
|| EWCA Civ 792
||Court of Appeal, Civil Division
Dyson, Maurice Kay and Hooper LJJ
||Hugh Southey (instructed by Stephensons Solicitors LLP) for claimant in the first appeal.
||Tim Owen QC and Pete Weatherby (instructed by Irwin Mitchell) for the claimant in the second appeal.
||Jeremy Johnson (instructed by the Treasury Solicitor) for the Secretary of State.
||23 July 2009
Sentence - Non-custodial sentences - Sexual Offences - Claimants convicted sex offenders - claimants ordered to comply indefinitely with notification requirements - Claimants submitting indefinite requirements constituting violation of right to private and family life - Claimants seeking declaration of incompatibility - s 82 - European Convention on Human Rights, art 8.
Sentence Non-custodial sentences. Court of Appeal, Civil Division: As a matter of principle, an offender was entitled to have the question of whether the notification requirements under the continued to serve a legitimate purpose determined on a review. Accordingly, s82 of the Act was incompatible with art8 of the European Convention on Human Rights.
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