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Challenge to Sex Offenders Regulations - Right to a Private Life Permission Granted

Mr Justice Hickinbottom today granted permission for the New Sex Offenders Notification Regime to be challenged . The Case will now be known as X ( Birmingham ) v Secretary of State for the Home Department .

The challenge relates to the requirement of anyone convicted of a sexual offence and placed on the Register having to produce details of all their bank accounts and credit cards .

It is argued that the Secretary of States defence of proportionality is not sustainable and is in any event not supported by actual evidence to warrant this invasion of privacy .

In the absence of any real evidence that such measures are necessary the provisions are simply unwarranted and amount to a serious breach of an individual’s right to a private life in accordance with Article 8 ( 1 ) of the European Convention of Human Rights . 

The Regulatory Impact Assessment supporting these statutory changes offers little support for any proposition that this change would add anything to effective monitoring or reducing offender’s recidivism.

As a result it amounts to further invasion in an individual’s right to a private life. 
The Claimant does not challenge the general notification requirements or other amendments to the previous statutory notification scheme.

There are likely to be a number of other claimants coming forward to bring challenges against these provisions . 

The Claimant is represented by Mark Newby of QualitySolicitors Jordans

His Counsel is Matthew Stanbury of Garden Court North Chambers, Manchester (0161 236 1840). Email:

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