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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> R, R. v  EWCA Crim 907 (14 April 2010)
Cite as:  EWCA Crim 907
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London, WC2A 2LL
B e f o r e :
MR JUSTICE HENRIQUES
HIS HONOUR JUDGE R QC
(SITTING AS A JUDGE OF THE COURT OF APPEAL CRIMINAL DIVISION)
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Ms C Howell appeared on behalf of C
Mr M Collins and Mr SR Yeung appeared on behalf of the Crown
Crown Copyright ©
"A sexual offences prevention order—
(a) prohibits the defendant from doing anything described in the order, and
(b) has effect for a fixed period (not less than 5 years) specified in the order or until further order."
The submission was at one stage made to us that an application could be made within the period of five years but that has not been persisted with and it is plain to us that the period of the order must continue for at least a period of five years and be made for a minimum of five years before any application can be made to the court. Accordingly, the order having been made for a period of less than five years, the order as made is unlawful.
"An order shall not be made under this section if the court is satisfied, having regard to all the circumstances, that it is unlikely that the individual will commit any further offence against a child."
Nothing in the Act indicates that the court has power to disqualify for any lesser period than indefinitely. It is clear from section 33(4) that the statutory disqualification period envisaged was indeed in excess of ten years since a condition for review of the disqualification is that at least ten years has elapsed since the relevant date.