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R v Longworth [2006] UKHL 1

Section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 had the effect of preventing an order for conditional discharge made on conviction for an offence other than under the Sex Offenders Act 1997 from being classed as a conviction for the purposes of s 1(1) of the 1997 Act and thus of avoiding the notification requirements for sex offenders under the 1997 Act.

3 February 2006

L appealed against the decision that he was subject to the notification requirements of the Sex Offenders Act 1997. L had pleaded guilty to counts of making an indecent photograph of children, contrary to s 1(1)(a) of the Protection of Children Act 1978,,and of possessing indecent photographs of children, contrary to s 160(1) of the Criminal Justice Act 1988. In relation to each offence, the sentencing judge imposed conditional discharges under s 12 of the Powers of Criminal Courts (Sentencing) Act 2000 for 12 months, and further ruled that there was a requirement to notify under the 1997 Act for a period of five years from the date of conviction. The Court of Appeal dismissed L’s appeal against the notification requirement, but certified as a point of law of general public importance the question whether the provisions of s 14(1) of the 2000 Act had the effect of preventing an order for conditional discharge made on conviction for an offence other than under the 1997 Act from bei...

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