AD, R. v

AD, R. v

The sentencing judge was entitled to find the appellant dangerous and to impose an extended sentence for public protection. The restraining order was unlawful as it sought to protect an unidentifiable group. The Court of Appeal had power to quash the restraining order and substitute a Criminal Behaviour Order in similar terms to protect children under 16.

Parties
Respondent: The Queen; Appellant: A D
Jurisdiction
England and Wales
Judgment Date
26 July 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence dismissed; appeal against restraining order allowed; restraining order quashed; Criminal Behaviour Order substituted.
Legal Topics
Extended Sentences, Restraining Orders, Criminal Behaviour Orders, Dangerous Offenders, Procedural Law
Criminal Law Sentencing Child Protection Extended Sentences Restraining Orders Criminal Behaviour Orders Dangerous Offenders Procedural Law

Case Brief

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Parties

The Queen

Respondent

A D

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge was correct to impose an extended sentence on the appellant as a dangerous offender
  2. 2 Whether the restraining order imposed was lawful and appropriate
  3. 3 Whether the Court of Appeal could substitute a Criminal Behaviour Order for the restraining order

Ratio Decidendi

The sentencing judge was entitled to find the appellant dangerous and to impose an extended sentence for public protection. The restraining order was unlawful as it sought to protect an unidentifiable group. The Court of Appeal had power to quash the restraining order and substitute a Criminal Behaviour Order in similar terms to protect children under 16.

Court Disposition

Appeal against sentence dismissed; appeal against restraining order allowed; restraining order quashed; Criminal Behaviour Order substituted.

Orders

  • Restraining order quashed.
  • Criminal Behaviour Order imposed indefinitely: The appellant is prohibited from having any unsupervised contact with any child under 16 other than (i) such as is inadvertent and not reasonably avoidable in the course of daily life; (ii) with the consent of the child's parent or guardian, who has knowledge of the...