Cleveland Police, R (on the application of) v H

Cleveland Police, R (on the application of) v H

The facts relied upon to justify the order must be established to the criminal standard; the Crown Court was correct in rejecting the 2007 and 2001 incidents as insufficiently established, and thus the order could not be made.

Source-derived case information.

Parties
Claimant: Cleveland Police; Defendant: H
Jurisdiction
England and Wales
Judgment Date
20 November 2009
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
appeal dismissed
Legal Topics
Sexual Offences Prevention Orders, Standard of Proof, Hearsay Evidence, Costs in Civil Proceedings
Criminal Law Civil Procedure Sexual Offences Prevention Orders Standard of Proof Hearsay Evidence Costs in Civil Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cleveland Police

Claimant

H

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 What is the applicable standard of proof for making a Sexual Offences Prevention Order under section 104 of the Sexual Offences Act 2003?
  2. 2 Can hearsay evidence be relied upon in civil proceedings for such orders?
  3. 3 Was the Crown Court correct in rejecting the 2007 and 2001 incidents as insufficient to justify the order?

Ratio Decidendi

The facts relied upon to justify the order must be established to the criminal standard; the Crown Court was correct in rejecting the 2007 and 2001 incidents as insufficiently established, and thus the order could not be made.

Court Disposition

appeal dismissed

Orders

  • Costs to be paid by the claimant, subject to detailed Legal Aid assessment
  • Leave granted for Legal Aid assessment