R v Stephen Russell

R v Stephen Russell

The Crown Court lacked jurisdiction to impose a new SHPO as the offences were not listed in Schedules 3 or 5 of the Sexual Offences Act 2003; therefore, the SHPO imposed on 4 December 2019 must be quashed.

Parties
Prosecutor: Rex; Appellant: Stephen Russell
Jurisdiction
England and Wales
Judgment Date
17 October 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sexual Harm Prevention Orders, Jurisdiction, Sentencing

Case Brief

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Parties

Rex

Prosecutor

Stephen Russell

Appellant

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the Crown Court had jurisdiction to make a new Sexual Harm Prevention Order upon conviction for offences not listed in Schedules 3 or 5 of the Sexual Offences Act 2003

Ratio Decidendi

The Crown Court lacked jurisdiction to impose a new SHPO as the offences were not listed in Schedules 3 or 5 of the Sexual Offences Act 2003; therefore, the SHPO imposed on 4 December 2019 must be quashed.

Court Disposition

appeal allowed

Orders

  • SHPO imposed on 4 December 2019 quashed
  • Earlier SHPO remains in force until December 2027