Source: All England Reporter
Publisher Citation: [2009] All ER (D) 250 (Jul)
Neutral Citation: [2009] EWCA Civ 792
Court: Court of Appeal, Civil Division
Judge:

Dyson, Maurice Kay and Hooper LJJ
Representation 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.
Judgment Dates: 23 July 2009

Catchwords

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.

The Case

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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