Smith & Ors, R. v (Rev 1)

Smith & Ors, R. v (Rev 1)

SOPOs must be justified by a real, identifiable risk of serious sexual harm, tailored to the defendant's offending and risk profile, and must not impose unnecessary or disproportionate restrictions. Indefinite SOPOs are not required where indefinite sentences are imposed. Terms restricting internet use and contact with children must be specific, proportionate, and allow for incidental contact.

Parties
Respondent: The Queen; Appellant: Steven Smith; Appellant: Wayne Clarke; Appellant: Bryan Hall; Appellant: Jonathan Dodd
Jurisdiction
England and Wales
Judgment Date
19 July 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeals allowed in part; SOPO terms varied or quashed as appropriate.
Legal Topics
Sexual Offences Prevention Orders, Child Pornography, Sentencing, Ancillary Orders, Internet Restrictions, Contact With Children
Criminal Law Sexual Offences Prevention Orders Child Pornography Sentencing Ancillary Orders Internet Restrictions Contact With Children

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Parties

The Queen

Respondent

Steven Smith

Appellant

Wayne Clarke

Appellant

Bryan Hall

Appellant

Jonathan Dodd

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Necessity and proportionality of SOPOs
  2. 2 Appropriate terms and duration of SOPOs
  3. 3 Overlap with statutory notification requirements

Ratio Decidendi

SOPOs must be justified by a real, identifiable risk of serious sexual harm, tailored to the defendant's offending and risk profile, and must not impose unnecessary or disproportionate restrictions. Indefinite SOPOs are not required where indefinite sentences are imposed. Terms restricting internet use and contact with children must be specific, proportionate, and allow for incidental contact.

Court Disposition

Appeals allowed in part; SOPO terms varied or quashed as appropriate.

Orders

  • Wayne Clarke: SOPO terms narrowed, indefinite duration upheld.
  • Bryan Hall: SOPO terms modified, seven-year duration upheld.