Cooper, R. v

Cooper, R. v

The court must continue to make orders under s.28 of the Criminal Justice and Court Services Act 2000 as well as notifying convicted persons that they will be barred under the Safeguarding Vulnerable Groups Act 2006, due to the gap in protection created by the phased implementation of the 2006 Act and the intention of Parliament as evidenced by legislative history.

Parties
Respondent: Regina; Appellant: Robert James Cooper; Intervener: The Home Office
Jurisdiction
England and Wales
Judgment Date
26 July 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Sentence reduced; guidance clarified
Legal Topics
Rape, Disqualification From Working With Children, Safeguarding Vulnerable Groups Act, Criminal Justice and Court Services Act, Sentencing Guidelines
Criminal Law Child Protection Sentencing Rape Disqualification From Working With Children Safeguarding Vulnerable Groups Act Criminal Justice and Court Services Act Sentencing Guidelines

Case Brief

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Parties

Regina

Respondent

Robert James Cooper

Appellant

The Home Office

Intervener

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the court must continue to make orders under s.28 of the Criminal Justice and Court Services Act 2000 after the implementation of the Safeguarding Vulnerable Groups Act 2006

Ratio Decidendi

The court must continue to make orders under s.28 of the Criminal Justice and Court Services Act 2000 as well as notifying convicted persons that they will be barred under the Safeguarding Vulnerable Groups Act 2006, due to the gap in protection created by the phased implementation of the 2006 Act and the intention of Parliament as evidenced by legislative history.

Court Disposition

Sentence reduced; guidance clarified

Orders

  • Sentence on count 6 upheld at six years
  • Sentence on count 7 upheld at six years, consecutive