Field, R v [2002] EWCA Crim 2913 (12 December 2002)

Field, R v [2002] EWCA Crim 2913 (12 December 2002)

A disqualification order under Section 28 of the Criminal Justice and Court Services Act 2000 is not a penalty within the meaning of Article 7 ECHR because its purpose is preventive, not punitive, and it can be imposed even in the absence of a conviction. Therefore, Section 28 applies to convictions for offences committed before the Act came into force.

Citation
[2002] EWCA Crim 2913
Parties
Respondent: R; Appellant: Brian John Field; Appellant: Alfred Young
Jurisdiction
England and Wales
Judgment Date
12 December 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentence (disqualification Order)
Outcome
Appeal dismissed; application for leave to appeal refused
Legal Topics
Retrospective Application of Statute, Disqualification Orders, Article 7 ECHR, Protection of Children, Interpretation of Criminal Justice and Court Services Act 2000
Criminal Law Human Rights Law Retrospective Application of Statute Disqualification Orders Article 7 ECHR Protection of Children Interpretation of Criminal Justice and Court Services Act 2000

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

R

Respondent

Brian John Field

Appellant

Alfred Young

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (disqualification Order)

Legal Issues

  1. 1 Whether a disqualification order under Section 28 of the Criminal Justice and Court Services Act 2000 is a 'penalty' for the purposes of Article 7 ECHR
  2. 2 Whether Section 28 applies to offences committed before the Act came into force

Ratio Decidendi

A disqualification order under Section 28 of the Criminal Justice and Court Services Act 2000 is not a penalty within the meaning of Article 7 ECHR because its purpose is preventive, not punitive, and it can be imposed even in the absence of a conviction. Therefore, Section 28 applies to convictions for offences committed before the Act came into force.

Court Disposition

Appeal dismissed; application for leave to appeal refused

Orders

  • Field's appeal against sentence (disqualification order) dismissed
  • Young's application for leave to appeal against disqualification order refused