AG -v- E [2011] JRC 217B (07 November 2011)

AG -v- E [2011] JRC 217B (07 November 2011)

The Relief Magistrate erred in specifying a one-year notification period based on incentivising engagement with Probation Services, which is not a valid reason under Article 5(4) as interpreted in light of ECHR compliance and legislative purpose. The appropriate period must be necessary and proportionate for public protection, and the respondent's denial and lack of engagement are not grounds for reduction. Three years is determined as the appropriate period given the respondent's low risk and good character.

Citation
[2011] JRC 217B
Parties
Applicant: Attorney General; Respondent: E
Jurisdiction
Jersey
Judgment Date
07 November 2011
Procedural Posture
Appeal / Extension of Time and Substantive Appeal
Outcome
appeal allowed
Legal Topics
Sex Offenders Notification Requirements, Appeals, Proportionality, European Convention on Human Rights Compliance
Criminal Law Civil Law Human Rights Sex Offenders Notification Requirements Appeals Proportionality European Convention on Human Rights Compliance

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Parties

Attorney General

Applicant

E

Respondent

Procedural Posture

Appeal / Extension of Time and Substantive Appeal

Legal Issues

  1. 1 Whether extension of time for appeal should be granted
  2. 2 Whether the Relief Magistrate erred in specifying a one-year notification period under Article 5(4) of the Sex Offenders (Jersey) Law 2010
  3. 3 Interpretation of 'exceptional reasons' and proportionality under Article 5(4)

Ratio Decidendi

The Relief Magistrate erred in specifying a one-year notification period based on incentivising engagement with Probation Services, which is not a valid reason under Article 5(4) as interpreted in light of ECHR compliance and legislative purpose. The appropriate period must be necessary and proportionate for public protection, and the respondent's denial and lack of engagement are not grounds for reduction. Three years is determined as the appropriate period given the respondent's low risk and good character.

Court Disposition

appeal allowed

Orders

  • Extension of time for appeal granted to 6 May 2011
  • Relief Magistrate's decision specifying one-year period set aside