Written Evidence
Letter to the Chair, from Mr John Wadham, Group
Director Legal, Equality and Human Rights Commission
The Equality and Human Rights Commission (the Commission)
responded to the Joint Committee's call for evidence on the draft
Remedial Order by letter dated 7 September 2011.
The Commission understands that the Joint Committee
is due to meet to consider the Government's response to the Committee's
report on the draft Remedial Order. We set out below the Commission's
comments on the revised Remedial Order. As explained in our previous
letter, we make these comments in fulfilment of our duty to monitor
the law.
- The Commission welcomes the
Government's introduction of a right of appeal to the Magistrates'
Court from the decision of the Chief Police Officer in a review
case. We would, however, endorse the view expressed by the JCHR
that the appropriate tribunal to review such decisions should
be of sufficient seniority, such as the High Court or the Crown
Court with appeal to the higher courts.
- The notification requirements clearly pursue
a legitimate aim. However, consideration of the proportionality
of the review process should take into account the increased notification
requirements in the Sexual Offences Act 2003 (Notification Requirements)(England
and Wales) Regulations 2012.
Please contact us if you would like further information
on these points.
10 May 2012
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