R v R [2021] EWCA Crim 35 (22 January 2021)

R v R [2021] EWCA Crim 35 (22 January 2021)

The notification requirements under s48(4C) and (7) Counter Terrorism Act 2008 apply to vehicles driven for work where the offender acquires a right to use them, as the statutory language is clear and unambiguous; any difficulties in compliance may amount to a reasonable excuse but do not affect the applicability of...

Source-derived case information.

Citation
[2021] EWCA Crim 35
Parties
Applicant: R; Respondent: R
Jurisdiction
England and Wales
Judgment Date
22 January 2021
Procedural Posture
Criminal Appeal / Application for Permission to Appeal Preliminary Ruling
Outcome
Permission to appeal refused
Legal Topics
Notification Requirements for Terrorist Offenders, Interpretation of 'right to Use' a Vehicle, Principle of Legality, Human Rights (echr Article 8)
Criminal Law Counter Terrorism Notification Requirements for Terrorist Offenders Interpretation of 'right to Use' a Vehicle Principle of Legality Human Rights (echr Article 8)

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Summary, issues, holding and outcome

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Parties

R

Applicant

R

Respondent

Procedural Posture

Criminal Appeal / Application for Permission to Appeal Preliminary Ruling

Legal Issues

  1. 1 Whether notification requirements under s48(4C) and (7) Counter Terrorism Act 2008 apply to vehicles driven for work by a registered terrorist offender
  2. 2 Whether the statutory scheme violates the principle of legality or ECHR rights

Ratio Decidendi

The notification requirements under s48(4C) and (7) Counter Terrorism Act 2008 apply to vehicles driven for work where the offender acquires a right to use them, as the statutory language is clear and unambiguous; any difficulties in compliance may amount to a reasonable excuse but do not affect the applicability of the requirements.

Court Disposition

Permission to appeal refused