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Jersey Judgment

Benest v AG [2019] JRC 068 (24 April 2019)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The applicant presents a low risk of re-offending and the risk of sexual harm to the public does not justify continuation of notification requirements or restraining order; both are discharged.

Court disposition

application granted

Orders

  • Applicant no longer subject to restraining order as of today
  • Notification requirements under Article 5 are dis-applied to the applicant as of today

02

Material facts

Parties

Applicant

Applicant Counsel: Advocate Pedley

Attorney General

Respondent

03

Procedural history

  1. Posture

    Application for Discharge From Notification Requirements and Restraining Order / Final Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant relies on de-notification reports from Detective Constable Steve Lynch and Miss Janette Urquhart of the Probation Service, both recommending discharge from notification requirements due to consistently low risk of re-offending.
Respondent
Advocate Pedley submits that if a person is subject to a restraining order due to serious sexual risk, they should also be subject to notification requirements, as the threshold for notification is lower than for a restraining order.

05

Court’s reasoning

  1. 01

    Sex Offenders (Jersey) Law 2010, Article 3 and Article 10

    Threshold for notification requirements is lower than for restraining orders; inconsistency arises if notification requirements are dis-applied but restraining order remains.

06

Ratio, limits and disposition

Ratio decidendi

The applicant presents a low risk of re-offending and the risk of sexual harm to the public does not justify continuation of notification requirements or restraining order; both are discharged.

Court disposition

application granted

  • Applicant no longer subject to restraining order as of today
  • Notification requirements under Article 5 are dis-applied to the applicant as of today

Source and reliance status

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Authorities

Authorities used by the court

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Sex Offenders (Jersey) Law 2010

Legislation

Legislation referenced in the available case record.

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