Knight v Chief Constable, Police Scotland

Sexual offences – Notification requirements – Appeal against Notification Continuation Order (NCO). Sheriff Court: Refusing an appeal by a registered sex offender who was subject to the notification requirements in Pt 2 of the Sexual Offences Act 2003, against a decision to continue the notification requirement for a further 12-month period, the court held that the test for interfering with the exercise of discretion by the defender to make a NCO, which gave rise to an appeal, was that the court would have to be satisfied that there had been an error of fact or law established which had resulted in injustice, and it concluded that that as the process invoked was conform to the 2003 Act and the reasons given for the NCO were cogent and reasonable the decision appealed against was unimpeachable.

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