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England and Wales decisions
Decisions matching the current search
SHPO terms restricting internet use and social media were not necessary or proportionate as the offending did not involve sharing images online; only restrictions on possession and storage of digital images were justified.
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The sentencing judge erred by setting the sexual harm prevention order's duration to match the notification period without an independent assessment of necessity and proportionality; the appropriate duration, considering the appellant's risk and circumstances, is 5 years.
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The High Court dismissed data protection claims over a litigation spreadsheet, holding the defendant’s use of claimants’ names and medical data was necessary and proportionate for defending claims.
Noel v Chief Constable Of Dorset Police [2022] EWHC 3618 (Admin) (13 October 2022)
The High Court dismissed David Noel’s appeal and upheld a sexual harm prevention order, finding the order necessary and proportionate on the evidence.
Appeal by case stated over a sexual harm prevention order was dismissed. The court held the order was necessary and proportionate on the evidence of risk.
QX v Secretary of State for the Home Department [2022] EWHC 836 (Admin) (07 April 2022)
The High Court held that Article 6 did not require cross-examination of a national security witness for the TEO challenge, but allowed one witness for the section 9 obligations.
The Open Rights Group & Anor, R (On the Application Of) v The Secretary of State for the Home Department & Anor (Rev2) [2021] EWCA Civ 800 (26 May 2021)
The Court of Appeal held the Immigration Exemption in the Data Protection Act 2018 unlawful because it lacked the specific provisions required by Article 23(2) GDPR.
The Court of Appeal set aside an interim separation order for a four-month-old child, holding that removal was not a necessary or proportionate response.
C (A Child) (Interim Separation), Re [2019] EWCA Civ 1998 (18 November 2019)
The Court of Appeal set aside an interim order separating a four-month-old child from his mother, holding the order was not necessary or proportionate.
Love, R. v [2019] EWCA Crim 1945 (22 October 2019)
The Court of Appeal upheld a Sexual Harm Prevention Order banning the appellant from certain footpaths, but quashed the GPS monitoring requirement as excessive.
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