Source: All England Reporter
Publisher Citation: [2005] All ER (D) 303 (Nov)
Neutral Citation: [2005] EWCA Crim 2297
Court: Court of Appeal, Criminal Division
Judge:

Sir Igor Judge P, Elias and Ouseley JJ

Representation Gavin Collett (assigned by the Registrar of Criminal Appeals) for the defendant.
  Gareth Branston (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 23 November 2005

Catchwords

Criminal law - Failing to register as a sex offender - Detention and training order - Whether defendant being person sentenced to equivalent of imprisonment for more or less than six months - Whether period of detention defendant liable to serve being reference to entire term of detention and training order or period of detention - Whether defendant subject to notification requirements.

The Case

For the purposes of s131 of the the period of detention which the offender was 'liable to serve' was to be treated not as a reference to the entire term of the detention and training order, but to the period of detention and training itself. Accordingly, in the instant case, where the defendant had been sentenced to a 12-month detention and training order, he had been sentenced to the equivalent of a sentence of imprisonment for a term of six months. He had been under18 at the relevant date. Accordingly, the relevant notification period for him had been three-and-a-half years from the date of conviction.

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