Codd, R. v [2024] EWCA Crim 339 (22 March 2024)
The Crown Court had no power to revoke the SOPO and impose a SHPO for the offences in question, as neither breaches of a SOPO nor failure to comply with notification requirements are listed in Schedules 3 or 5 of the Sexual Offences Act 2003; the judge's order was unlawful and must be quashed.
- Citation
- [2024] EWCA Crim 339
- Parties
- Applicant: Nicholas Casey Codd; Respondent: Rex (The Crown)
- Jurisdiction
- England and Wales
- Judgment Date
- 22 March 2024
- Procedural Posture
- Criminal Appeal / Court of Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Sexual Offences Prevention Order, Sexual Harm Prevention Order, Breach of Order, Sentencing, Jurisdictional Error
Case Brief
Summary, issues, holding and outcome
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Parties
Nicholas Casey Codd
Applicant
Rex (The Crown)
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the Crown Court had power to revoke a SOPO and impose a SHPO for offences not listed in Schedules 3 or 5 of the Sexual Offences Act 2003
- 2 Whether the charging error rendered the charges a nullity
Ratio Decidendi
The Crown Court had no power to revoke the SOPO and impose a SHPO for the offences in question, as neither breaches of a SOPO nor failure to comply with notification requirements are listed in Schedules 3 or 5 of the Sexual Offences Act 2003; the judge's 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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