R v Nicholas Casey Codd
The Crown Court had no power to revoke the SOPO and impose a SHPO for offences not listed in Schedules 3 or 5 of the Sexual Offences Act 2003; the order was unlawful and must be quashed.
- Parties
- Applicant: Nicholas Casey Codd; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 04 October 2024
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Sexual Offences Prevention Orders, Sexual Harm Prevention Orders, Sentencing, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Parties
Nicholas Casey Codd
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the Crown Court had power to revoke a SOPO and impose a SHPO for breach offences not listed in Schedules 3 or 5 of the Sexual Offences Act 2003
- 2 Whether a technical charging error rendered the charges a nullity
Ratio Decidendi
The Crown Court had no power to revoke the SOPO and impose a SHPO for offences not listed in Schedules 3 or 5 of the Sexual Offences Act 2003; the order was unlawful and must be quashed.
Court Disposition
appeal allowed
Orders
- Order revoking the SOPO and substituting the SHPO quashed
- SOPO revived
Full Case Text
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