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Mrs Justice Stacey :
The provisions of the Sexual Offences (Amendment) Act 1992 apply to this appeal. Under those provisions, where a sexual offence has been committed against a person, no matter relating to that person shall during that person’s lifetime be included in any publication if it is likely to lead members of the public to identify that person as the victim of that offence. This prohibition applies unless waived or lifted in accordance with s.3 of the Act.
An order under s.45A of the Youth Justice and Criminal Evidence Act 1999 is in force that no matter relating to the individual subject to the order shall be published that would be likely to identify them to the public as being concerned in these proceedings. This order lasts for her lifetime.
We announced at the end of the hearing on 27th April that in appeal 202202967 B2 we grant leave to appeal the imposition of a Sexual Harm Prevention Order (SHPO) in 2015 (“the 2015 SHPO”), an extension of time in which to bring the appeal and we quash the 2015 SHPO and the subsequent amendments made to it. In appeals 202200163 B2 and 202200803 B2 leave to appeal both conviction and sentence is refused, together with all applications. These are our reasons for those decisions.
There are 3 matters before the court concerning 2 sets of proceedings. The applicant seeks leave to appeal his conviction on 23 August 2010 in the crown court at Grimsby for a number of sexual offences (appeal 202200163 B2) and seeks leave to appeal the sentence imposed on 20 September 2010 in respect of those offences (appeal 202200803 B2). He applies for an extension of time in which to appeal: 4,133 days (over 11 years) in respect of conviction and 4,165 days in respect of sentence. Permission to appeal both conviction and sentence was refused by the single judge. He also requires, and applies for, an extension of time in which to renew his application for leave to appeal both matters, seeking 15 days in respect of conviction and 12 days in respect of sentence.
The third matter concerns the lawfulness of a Sexual Harm Prevention Order (“SHPO”) made on 4 December 2015 that was imposed for breach of a Sexual Offence Prevention Order (“SOPO”) that had been made following the sexual offences conviction in 2010 (appeal 202202967 B2). The registrar has referred the application for leave to appeal and for an extension of time of 2,264 days to the full court.
Background facts
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