Practice and Procedure

R (on the application of PAUL RICHARDS) v (1) TEESSIDE MAGISTRATES COURT (2) CHIEF CONSTABLE OF CLEVELAND (2013)

PUBLISHED July 30, 2013
SHARE

[2013] EWHC 2208 (QB)

A variation to a sexual offences prevention order, which required the subject to wear a tagging device whenever he was away from his registered address, was a prohibition, not a mandatory requirement for positive action, and was therefore a valid measure under the Sexual Offences Act 2003 s.107 and s.108. Measures restricting a subject's movement in public places were essentially negative requirements, even if the subject was required to be proactive in doing something.

DC (McCombe LJ, Stewart J)

30/07/2013

CATEGORIES