Hamill v The Chelmsford Magistrates’ Court and Another: Admn 8 Aug 2014

The claimant had been convicted of a sexual offence many years before and was initially subject to an indefinite obligation to report his whereabouts to the police. After section 91B of the 2003 Act came in he asked for the requirements to be discontinued. He now challenged a refusal by the police and magistrates to do so. It waas also questioned whether a senior inspector had authority to sign the refusal when the act required it to be that of the chief constable.
Held: Judicial review was granted, and the magistrates would be required to rehear the case.

Aikens LJ, Bean J
[2014] EWHC 2799 (Admin)
Bailii
Sexual Offences Act 2003 91B, Sex Offenders Act 1997, Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004
England and Wales

Criminal Sentencing, Police

Updated: 18 December 2021; Ref: scu.535655