26 September 2014
R (on the application of Hamill) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin), [2014] All ER (D) 59 (Aug)
The claimant sought judicial review of the defendant court’s dismissal of his appeal, under s 91C of the Sexual Offences Act 2003, against the Chief Constable’s refusal to relieve him of notification obligations.
The Divisional Court gave guidance on the nature of the appeal to the magistrates’ court under s 91E of the Act. It then found that the defendant had erred in law in dismissing the appeal. The matter was remitted to a freshly constituted court, as it could not be concluded that there had been only one decision which the defendant could have reached.
