Wilkinson [2019] EWCA Crim 641

The appellant pleaded guilty to possession of indecent photos, one of possessing a prohibited image of a child and one of possessing an extreme pornographic image and was sentenced to 20 weeks imprisonment resulting in notification requirements for 10 years. He was also made subject to an indefinite SHPO, and it is this he appealed against.

The indefinite nature of the SHPO had the effect of extending the period of time for which the notification provisions applied, and the defence submitted it was disproportionate to pass such an order.

Held: there was no explanation as to why the judge took the view that an order without limitation of time was necessary and the Court of Appeal did not find it was, having regard to the principles in Smith [2011] EWCA Crim 1772. The length was therefore limited to 10 years to tie in with the notification period.