AG -v- T,S and R [2011] JRC 055 (11 March 2011)

AG -v- T,S and R [2011] JRC 055 (11 March 2011)

Notification and restraining orders were imposed on T due to high risk of reoffending; no order was made for S due to low risk, age, and time since offending; R's case was adjourned for further assessment. Anonymity and private hearings were granted due to risk of harm to respondents and their families.

Source-derived case information.

Citation
[2011] JRC 055
Parties
Applicant: Attorney General; Respondent: T; Respondent: S; Respondent: R
Jurisdiction
Jersey
Judgment Date
11 March 2011
Procedural Posture
Retrospective Application Under Sex Offenders (jersey) Law 2010 / Hearing and Determination of Applications
Outcome
Partially granted and partially refused; adjourned in part.
Legal Topics
Sex Offender Notification Requirements, Restraining Orders, Retrospective Application of Law, Anonymity in Court Proceedings
Criminal Law Human Rights Law Sex Offender Notification Requirements Restraining Orders Retrospective Application of Law Anonymity in Court Proceedings

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Parties

Attorney General

Applicant

T

Respondent

S

Respondent

R

Respondent

Procedural Posture

Retrospective Application Under Sex Offenders (jersey) Law 2010 / Hearing and Determination of Applications

Legal Issues

  1. 1 Whether retrospective notification requirements should be imposed on offenders convicted before the commencement of the Law
  2. 2 Whether restraining orders are necessary to protect the public from serious sexual harm
  3. 3 Whether proceedings should be anonymised and heard in private

Ratio Decidendi

Notification and restraining orders were imposed on T due to high risk of reoffending; no order was made for S due to low risk, age, and time since offending; R's case was adjourned for further assessment. Anonymity and private hearings were granted due to risk of harm to respondents and their families.

Court Disposition

Partially granted and partially refused; adjourned in part.

Orders

  • T: Notification requirement imposed with 5-year period before application for revocation; restraining orders imposed for 5 years with specified terms.
  • S: No order made; application refused.