||All England Reporter
|| All ER (D) 119 (Jan)
|| EWHC 3231 (Admin)
||Queen's Bench Division, Administrative Court (London)
||Rebecca Smith instructed by and for the appellant.
||Sarah Mallett (instructed by Paul Watson) for the respondent.
||20 November 2009
Magistrates' court - Order - Sexual offences prevention order - Appeal - Appellant police force seeking sexual offences prevention order against respondent relying on allegation of sexual impropriety - Justices granting order - Crown Court finding evidence before it not sufficient basis for making order - Whether judge erring - Correct approach to making of order under relevant statutory power - s 104.
Magistrates' court Order. The Administrative Court considered the correct approach to the making of sexual offences prevention orders pursuant to s104 of the in holding that the Crown Court judge in the instant proceedings had not erred in allowing the respondent's appeal against the justices' decision to make a sexual offences prevention order, where on the evidence available it could not be established to the requisite standard that the conditions for the making of such an order had been met.
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