[2009] EWCA Crim 733

In the circumstances, a sentence of imprisonment for public protection for offences of making indecent photographs of children could not be upheld as there was insufficient information from which an assessment of significant risk of future harm by the future commission of specified offences could be sustained. However, the potential danger that the offender presented to young people in general was a real one and the test for making a sexual offences prevention order under the Sexual Offences Act 2003 s.104 was satisfied.

CA (Crim Div) (Thomas LJ, Blake J, Burnett J)

21/04/2009