Sex Offender Challenges Bus Ban

March 23, 2009

BBC(UK) : Sex Offender Challenges Bus Ban.

A convicted sex offender is to mount a legal challenge to an order banning him from boarding buses that may be carrying children. He claims the order is a breach of his human rights.

He was released last year but swiftly rearrested after allegedly boarding two buses in Falkirk.
The case has been referred to the High Court in Edinburgh.

A Sexual Offences Prevention Order (granted to police) stopped him from leaving his home at night, approaching women, other than in his family, and boarding buses between 0800 and 0930 and between 1500 and 1700.

The court was also told that upon his release from jail, he was immediately placed under surveillance by police. Just weeks later, he was arrested after allegedly boarding a bus in Falkirk on 8 November and again in the town on 13 November.

His defence said the bus ban was contrary to article eight of the European Convention on Human Rights, which guarantees the “right to respect for private and family life”. He added: “They are draconian conditions that take them out of the realms of simply caution about conduct in the streets. “He is being prosecuted for acting in a normal manner. The court created criminal offences for Mr Bermingham.

“They then present it to him as he leaves prison and set up surveillance of him in the expectancy that he will fail.”

“The issues raised are of considerably general importance and there is an issue as to whether the legislation is incompatible with convention rights.”

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