AG -v- N [2011] JRC 157 (09 August 2011)

AG -v- N [2011] JRC 157 (09 August 2011)

Given N's high risk of serious harm to young children, prior breaches of SOPOs, and lack of legal representation, the threshold for notification and interim restraining orders is met. Orders are imposed with a short interim period to allow N to seek legal advice before the substantive hearing.

Citation
[2011] JRC 157
Parties
Defendant: N; Applicant: Attorney General
Jurisdiction
Jersey
Judgment Date
09 August 2011
Procedural Posture
Application for Notification and Restraining Orders Under Sex Offenders (jersey) Law 2010 / Initial Hearing Pending Substantive Hearing
Outcome
Notification and interim restraining orders imposed; hearing held in private; orders to take immediate effect.
Legal Topics
Notification Requirements, Restraining Orders, Sex Offender Management, Anonymity in Proceedings

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Parties

N

Defendant

Attorney General

Applicant

Procedural Posture

Application for Notification and Restraining Orders Under Sex Offenders (jersey) Law 2010 / Initial Hearing Pending Substantive Hearing

  1. 1 Should the court sit in private to protect the identity of N?
  2. 2 Should notification and restraining orders be imposed on N under the Sex Offenders (Jersey) Law 2010?
  3. 3 Is an interim period appropriate given N's lack of legal representation?

Ratio Decidendi

Given N's high risk of serious harm to young children, prior breaches of SOPOs, and lack of legal representation, the threshold for notification and interim restraining orders is met. Orders are imposed with a short interim period to allow N to seek legal advice before the substantive hearing.

Court Disposition

Notification and interim restraining orders imposed; hearing held in private; orders to take immediate effect.

Orders

  • N prohibited from contacting or approaching persons in Appendix A except inadvertent or unavoidable contact.
  • N prohibited from living with or having unsupervised contact with persons under 18 unless approved by Probation and Aftercare Service.