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Sentence – Notification and orders. The claimants' applications for review of the notification requirements imposed following their convictions for serious sexual offences were dismissed. The claimants sought judicial review of the defendant magistrates court's decisions dismissing their appeals. The Divisional Court held that the claimants bore the burden of establishing that they should no longer be subject to the notification requirements on the balance of probabilities and that a proportionality test, with respect to art 8 of the European Convention on Human Rights, was not required. On the facts, the first claimant's claim would be allowed and the second claimant's claim dismissed.
Sentence – Notification and orders. The claimants' applications for review of the notification requirements imposed following their convictions for serious sexual offences were dismissed. The claimants sought judicial review of the defendant magistrates court's decisions dismissing their appeals. The Divisional Court held that the claimants bore the burden of establishing that they should no longer be subject to the notification requirements on the balance of probabilities and that a proportionality test, with respect to art 8 of the European Convention on Human Rights, was not required. On the facts, the first claimant's claim would be allowed and the second claimant's claim dismissed.
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