R v Michael Jordan

R v Michael Jordan

The Crown Court lacked power to impose a new SHPO in August 2020 upon conviction for breach of an existing SHPO, as breach is not an offence listed in Schedules 3 or 5 of the Sexual Offences Act 2003; therefore, the 2020 SHPO was unlawful and must be quashed.

Parties
Respondent: Rex; Applicant: Michael Jordan
Jurisdiction
England and Wales
Judgment Date
21 November 2025
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal and Extension of Time
Outcome
appeal allowed
Legal Topics
Sexual Harm Prevention Orders, Breach of SHPO, Powers of Court Under Sexual Offences Act, Extension of Time for Appeal
Criminal Law Sexual Harm Prevention Orders Breach of SHPO Powers of Court Under Sexual Offences Act Extension of Time for Appeal

Case Brief

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Parties

Rex

Respondent

Michael Jordan

Applicant

Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the Crown Court had power to impose a new SHPO upon conviction for breach of an existing SHPO
  2. 2 Whether the 2020 SHPO was lawful under section 103A of the Sexual Offences Act 2003
  3. 3 Whether the 2020 SHPO could be considered a variation of the 2018 SHPO under section 103E

Ratio Decidendi

The Crown Court lacked power to impose a new SHPO in August 2020 upon conviction for breach of an existing SHPO, as breach is not an offence listed in Schedules 3 or 5 of the Sexual Offences Act 2003; therefore, the 2020 SHPO was unlawful and must be quashed.

Court Disposition

appeal allowed

Orders

  • extension of time granted
  • 2020 SHPO quashed