R v Nicholas Casey Codd

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

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Parties

Nicholas Casey Codd

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 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. 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