[2011] EWCA Crim 2343

Where an indictment was a nullity by charging an offence of breach of a sex offender order contrary to the Crime and Disorder Act 1998 s.2(8) when no such offence existed at that time, it was impossible to substitute an offence of breach of a sexual offences prevention order contrary to the Sexual Offences Act 2003 on the indictment as its wording precluded any such offence being alleged.

CA (Crim Div) (Rix LJ, Stadlen J, Judge Stephens QC)

25/10/2011