Richards, R. v

Richards, R. v

It is not a pre-condition to the making of a sexual offences prevention order that the judge should be satisfied the offender qualifies for an extended sentence under the Criminal Justice Act 2003; the court's discretion to impose such an order is governed solely by the provisions of the Sexual Offences Act 2003.

Parties
Appellant: Christopher Richards; Respondent: R (Prosecution)
Jurisdiction
England and Wales
Judgment Date
27 October 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sexual Offences Prevention Order, Sentencing, Jurisdiction, Dangerousness Provisions
Criminal Law Sexual Offences Prevention Order Sentencing Jurisdiction Dangerousness Provisions

Case Brief

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Parties

Christopher Richards

Appellant

R (Prosecution)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether a sexual offences prevention order under section 104 of the Sexual Offences Act 2003 can be imposed when an extended sentence under section 227 of the Criminal Justice Act 2003 is not required
  2. 2 Whether the sentencing judge had jurisdiction to impose a sexual offences prevention order absent an extended sentence

Ratio Decidendi

It is not a pre-condition to the making of a sexual offences prevention order that the judge should be satisfied the offender qualifies for an extended sentence under the Criminal Justice Act 2003; the court's discretion to impose such an order is governed solely by the provisions of the Sexual Offences Act 2003.

Court Disposition

appeal dismissed

Orders

  • sexual offences prevention order upheld
  • sentence of six months imprisonment upheld