AG -v- U [2016] JRC 185 (13 October 2016)

AG -v- U [2016] JRC 185 (13 October 2016)

The respondent poses a significant and increased risk of serious sexual harm to Taylor and his friends, justifying the amendment of the restraining order to require that any contact with Taylor is at the written direction of the Children's Service and that any third party present must have knowledge of the respondent's convictions and not be a convicted sex offender. These measures are necessary and proportionate to protect the children.

Citation
[2016] JRC 185
Parties
Applicant: Attorney General; Respondent: Respondent; Interested Party: Taylor
Jurisdiction
Jersey
Judgment Date
13 October 2016
Procedural Posture
Application to Amend Restraining Order / Post Sentencing, Variation of Order
Outcome
application granted
Legal Topics
Sex Offenders Register, Restraining Orders, Child Protection, Variation of Orders
Criminal Law Family Law Sex Offenders Register Restraining Orders Child Protection Variation of Orders

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Parties

Attorney General

Applicant

Respondent

Respondent

Taylor

Interested Party

Procedural Posture

Application to Amend Restraining Order / Post Sentencing, Variation of Order

Legal Issues

  1. 1 Whether the restraining order should be amended to further restrict contact between the respondent and his son Taylor and other children under 16
  2. 2 Whether the presence of a third party with knowledge of the respondent's convictions is sufficient protection
  3. 3 Whether the Children's Service should control contact between the respondent and Taylor until Taylor reaches majority

Ratio Decidendi

The respondent poses a significant and increased risk of serious sexual harm to Taylor and his friends, justifying the amendment of the restraining order to require that any contact with Taylor is at the written direction of the Children's Service and that any third party present must have knowledge of the respondent's convictions and not be a convicted sex offender. These measures are necessary and proportionate to protect the children.

Court Disposition

application granted

Orders

  • Restraining order amended: For 10 years from 28 November 2014, the respondent is prohibited from being alone with any person under 16 unless a third person over 21 is present, who has knowledge of the respondent's convictions and is not a convicted sex offender.
  • The respondent has a positive duty to remove himself from any situation where he is alone with a person under 16 as soon as reasonably possible.