Barton, R. v [2023] EWCA Crim 531 (17 May 2023)

Barton, R. v [2023] EWCA Crim 531 (17 May 2023)

Leave to appeal conviction and sentence is refused as there are no arguable grounds that the conviction was unsafe or the sentence manifestly excessive; the 2015 SHPO and its amendments are quashed as unlawful due to lack of statutory power to impose them for breach of a SOPO.

Citation
[2023] EWCA Crim 531
Parties
Applicant/appellant: Dean Barton; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
17 May 2023
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Leave to appeal conviction and sentence refused; 2015 SHPO and amendments quashed.
Legal Topics
Sexual Offences, Appeal Against Conviction, Appeal Against Sentence, Sexual Harm Prevention Order (shpo), Sexual Offences Prevention Order (sopo), Extension of Time
Criminal Law Sexual Offences Appeal Against Conviction Appeal Against Sentence Sexual Harm Prevention Order (shpo) Sexual Offences Prevention Order (sopo) Extension of Time

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Parties

Dean Barton

Applicant/appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether leave to appeal conviction and sentence should be granted
  2. 2 Lawfulness of the 2015 Sexual Harm Prevention Order (SHPO) and subsequent amendments
  3. 3 Extension of time for appeal

Ratio Decidendi

Leave to appeal conviction and sentence is refused as there are no arguable grounds that the conviction was unsafe or the sentence manifestly excessive; the 2015 SHPO and its amendments are quashed as unlawful due to lack of statutory power to impose them for breach of a SOPO.

Court Disposition

Leave to appeal conviction and sentence refused; 2015 SHPO and amendments quashed.

Orders

  • Quash the 2015 SHPO, the 2016 Amended SHPO, and the 2021 Amended SHPO.
  • Urge parties to seek variation of SOPO in Crown Court to reflect Family Court order regarding contact with applicant's child.