Sentences for some sexual offences are accompanied with an ancillary order to be subject to indefinite notification requirements. The requirements were challenged in the Supreme Court in the case of F & Thompson 2010 and were held to be incompatible with European Law because there was no means to apply for a review of the requirements.
As a result, on 30 July 2012, a review mechanism was introduced and was inserted into the Sexual Offences 2003 Act by the Sexual Offences Act 2003 (Remedial) Order 2012 to remedy the incompatibility identified by the Supreme Court in F & Thompson in April 2010.
This allowed individuals to apply for a review of their indefinite notification requirements once a fixed period of time has elapsed.
Catherine assisted one of her clients with his application for the notification requirements to be terminated, and has recently received the welcome news that the application was successful.
"This is a life changing decision for my client. Notification requirements are an important tool for monitoring people who have been convicted of certain crimes, but the mechanism introduced in 2012 rightly allows individuals the opportunity to apply for the requirements to be reviewed to consider whether they are still necessary. The test for the requirements to be terminated is very high. My client had shown over many years he posed no risk of further sexual offending and this was recognised in this decision."
Catherine Bond, SL5 Legal