Lines In Sand

10/12/2012

New Sex Offenders Notification Regime to be challenged

"Mr Justice Hickinbottom today (10/12/12) granted permission for the New Sex Offenders Notification Regime to be challenged . The Case will now be known as X ( Birmingham ) v Secretary of State for the Home Department.

The challenge relates to the requirement of anyone convicted of a sexual offence and placed on the Register having to produce details of all their bank accounts and credit cards. It is argued that the Secretary of State's defence of proportionality is not sustainable and is in any event not supported by actual evidence to warrant this invasion of privacy.

In the absence of any real evidence that such measures are necessary the provisions are simply unwarranted and amount to a serious breach of an individual’s right to a private life in accordance with Article 8 ( 1 ) of the European Convention of Human Rights.

The Regulatory Impact Assessment supporting these statutory changes offers little support for any proposition that this change would add anything to effective monitoring or reducing offender’s recidivism.

As a result it amounts to further invasion in an individual’s right to a private life. The Claimant does not challenge the general notification requirements or other amendments to the previous statutory notification scheme.

There are likely to be a number of other claimants coming forward to bring challenges against these provisions.

The Claimant is represented by Matthew Stanbury instructed by Mark Newby of QualitySolicitors Jordans"

http://www.gcnchambers.co.uk/gcn/news/new_sex_offenders_notification_regime_to_be_challenged

December 2012

Safeguarding or an invasion of privacy?

"This is the question now facing the Divisional Court following Mr Justice Hickingbottom giving permission to bring a challenge to the government over the new provisions which came into force over the summer.

The new regulations provide for a number of changes to the notification regime. Whilst some might be regarded as unrealistic and with little prospect of being effectively managed by the police, they don’t cross the threshold in terms of breach of an individual’s rights."

http://thejusticegap.com/2012/12/safeguarding-or-an-invasion-of-privacy/

Could new sex offender notification rules be open to legal challenge?

http://www.gcnchambers.co.uk/index.php/gcn/news/could_new_sex_offender_notification_rules_be_open_to_legal_challenge

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The Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012

http://www.legislation.gov.uk/uksi/2012/1876/made

http://www.homeoffice.gov.uk/publications/about-us/legislation/sexual-offences-notifications/

Guidance on Part 2 of the Sexual Offences Act 2003

http://www.homeoffice.gov.uk/publications/police/operational-policing/sexual-offences-2003/