K v AG 26-Sep-2019 [2019] JRC 193 (26 September 2019)

K v AG 26-Sep-2019 [2019] JRC 193 (26 September 2019)

The risk of sexual harm posed by the applicant, assessed at the lower end of the moderate band, did not justify continued notification requirements given the nature of the original offences, the applicant's age and health, lack of further offending, compliance with requirements, and the disproportionate effect of lifelong notification in the circumstances.

Citation
[2019] JRC 193
Parties
Applicant: K; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
26 September 2019
Procedural Posture
Application Under Article 5(5) of the Sex Offenders (jersey) Law 2010 / Judgment on Application to Lift Notification Requirements
Outcome
Application granted; notification requirements lifted.
Legal Topics
Sex Offender Notification Requirements, Proportionality, Risk Assessment, Article 8 ECHR, Open Justice
Criminal Law Human Rights Law Sex Offender Notification Requirements Proportionality Risk Assessment Article 8 ECHR Open Justice

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Parties

K

Applicant

Crown

Respondent

Procedural Posture

Application Under Article 5(5) of the Sex Offenders (jersey) Law 2010 / Judgment on Application to Lift Notification Requirements

Legal Issues

  1. 1 Whether the risk of sexual harm posed by the applicant justifies continued notification requirements under the Sex Offenders (Jersey) Law 2010
  2. 2 Whether the notification requirements are a proportionate interference with Article 8 ECHR rights
  3. 3 Whether exceptional circumstances justify a private hearing

Ratio Decidendi

The risk of sexual harm posed by the applicant, assessed at the lower end of the moderate band, did not justify continued notification requirements given the nature of the original offences, the applicant's age and health, lack of further offending, compliance with requirements, and the disproportionate effect of lifelong notification in the circumstances.

Court Disposition

Application granted; notification requirements lifted.

Orders

  • Notification requirements under the Sex Offenders (Jersey) Law 2010 lifted for the applicant.
  • Application for private hearing refused.