Thomas James Thorpe v R
Paragraph 11 of the SHPO does not conflict with the statutory barring regime and is justified by a real risk of unsupervised contact with children outside the scope of regulated activity; the risk is sufficient to warrant its inclusion given the appellant's dangerousness and the need to protect children.
- Parties
- Appellant: Thomas James Thorpe; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2025
- Procedural Posture
- Criminal Appeal / Judgment on Ground 3
- Outcome
- appeal dismissed
- Legal Topics
- Sexual Harm Prevention Order, Safeguarding of Vulnerable Groups Act 2006, Disclosure and Barring Service, Proportionality of Prohibitions, Conflict of Statutory Regimes
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas James Thorpe
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Judgment on Ground 3
Legal Issues
- 1 Whether paragraph 11 of the SHPO conflicts with or is unnecessary due to the Safeguarding of Vulnerable Groups Act 2006 regime
- 2 Whether paragraph 11 is proportionate and necessary given the statutory barring regime and paragraph 10 of the SHPO
Ratio Decidendi
Paragraph 11 of the SHPO does not conflict with the statutory barring regime and is justified by a real risk of unsupervised contact with children outside the scope of regulated activity; the risk is sufficient to warrant its inclusion given the appellant's dangerousness and the need to protect children.
Court Disposition
appeal dismissed
Orders
- Ground 3 fails
- Appeal dismissed
Full Case Text
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