Proportionality. We don’t live in a police state nor in a nanny state, so a magistrates SRO should trump any blanket family court injunction. Common sense really ….
Readers will probably be familiar with the case of Riaz, where Keehan J was invited to use the inherent jurisdiction to make injunctions preventing a group of men who were believed to pose a sexual risk to children from associating with children, and also allowed them to be named in the national press.
At the time and still, I have mixed feelings about that case. As a society, we do desperately want to do something to protect children from Child Sexual Exploitation, and we have to face the reality that criminal prosecutions often cannot get off the ground where the child does not want to make the complaint or give evidence. And at the moment, the only remedy to protect such children is Secure Accommodation – i.e locking them up for being victims, which doesn’t sit well with anyone.
Therefore, when Keehan J announced that he was using the…
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