F and Another, Regina (on the Application of) v Secretary of State for the Home Department: QBD 19 Dec 2008

The defendants each complained that being placed on the sex offenders’ register indefinitely was a disproportionate interference with their rights for private and family life, and under European law.
Held: A declaration of incompatibility was ordered to the extent that the orders made were not subject to regular review.

Judges:

Lord Justice Latham, Mr Justice Underhill and Mr Justice Flaux

Citations:

[2008] EWHC 3170 (QB), [2009] 2 Cr App R (S) 325, [2009] ACD 24, [2009] 2 Cr App R (S) 47, [2009] Crim LR 305

Links:

Bailii, Times

Statutes:

Human Rights Act 1998 4, European Convention on Human Rights 8, Directive 2004/38/EC, Sex Offenders Act 2003 82

Jurisdiction:

England and Wales

Cited by:

Appeal fromJF and Another, Regina (On the Application of) v Secretary of State for the Home Department CA 23-Jul-2009
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and . .
At first InstanceF and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, European

Updated: 30 July 2022; Ref: scu.279948