R v Stephen Russell

On 13 November 2019, having pleaded guilty to various offences before Surrey Magistrates' Court, the appellant was committed to the Crown Court for sentence. On 4 December 2019, in the Crown Court at Guildford, His Honour Judge Rufus Taylor sentenced the appellant (then aged 56) to a total of 28 months' imprisonment for two offences of breaching a sexual harm prevention order (a "SHPO"), contrary to section 103I of the Sexual Offences Act 2003; one offence of failing to comply with the notification requirements, contrary to section 91 of the same Act; and one offence of publishing obscene material, contrary to section 2 of the Obscene Publications Act 1959. Further, the judge made a fresh SHPO and a deprivation order and an order that the appellant pay the victim surcharge.

The appellant now appeals, with leave granted by Sir Gary Hickinbottom, on the ground that the court did not have jurisdiction to make a new SHPO upon the appellant's conviction for these offences. Although the appeal relates to a sentence imposed in December 2019, the Single Judge granted an extension of time of 1,855 days.

At the time that this sentence was passed, section 103A of the Sexual Offences Act 2003 provided that an SHPO could be made where the court dealt with an offender in respect of an offence listed in Schedule 3 or 5 of the Act. The short and unassailable point in this appeal is that on 4 December 2019 the Crown Court was not dealing with the appellant in respect of any offence listed in either of those schedules. Accordingly, the judge did not have jurisdiction to make a further SHPO. This appeal against sentence must therefore be allowed and we quash the SHPO imposed on 4 December 2019. For the avoidance of doubt, the judge did not discharge the earlier SHPO. Such order remains in place and binding upon the appellant until it expires in December 2027.