R v Ethan Allon

R v Ethan Allon

The notification requirements under Part 2 of the Sexual Offences Act 2003 do not apply to an offender who was under 18 at the time of committing the offence, regardless of age at conviction; the Crown Court judge had no power to order notification requirements, and the section 92 certificate was incorrectly issued.

Parties
Applicant: Ethan Allon; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
14 February 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal and Judicial Review
Outcome
Appeal allowed in part; judicial review granted; section 92 certificate quashed.
Legal Topics
Sexual Offences, Notification Requirements, Indecent Photographs of Children, Statutory Interpretation
Criminal Law Judicial Review Sexual Offences Notification Requirements Indecent Photographs of Children Statutory Interpretation

Case Brief

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Parties

Ethan Allon

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal and Judicial Review

Legal Issues

  1. 1 Whether notification requirements under Part 2 of the Sexual Offences Act 2003 apply to an offender under 18 at the time of offence
  2. 2 Jurisdiction of the Crown Court and Court of Appeal to rule on notification requirements
  3. 3 Interpretation of paragraphs 13 and 95 of Schedule 3 to the Sexual Offences Act 2003

Ratio Decidendi

The notification requirements under Part 2 of the Sexual Offences Act 2003 do not apply to an offender who was under 18 at the time of committing the offence, regardless of age at conviction; the Crown Court judge had no power to order notification requirements, and the section 92 certificate was incorrectly issued.

Court Disposition

Appeal allowed in part; judicial review granted; section 92 certificate quashed.

Orders

  • Extension of time granted
  • Leave to appeal granted