Jason Beer QC and Alice Meredith successfully resist property magnate’s high profile challenge to Notification Order
On 25 April 2019, HHJ Hehir, sitting with magistrates at Southwark Crown Court, heard Mr Simon Halabi’s appeal against a Notification Order.
Mr Halabi, a British citizen, had been convicted of a sexual offence abroad many years ago. The Metropolitan Police was not informed of his conviction until late October 2017, bringing an application for a Notification Order in November 2017. The Order was granted following a contested hearing in the Westminster Magistrates’ Court in September 2018. On appeal, Mr Halabi accepted that the statutory test for making a Notification Order was satisfied, but argued that (i) making an order was a disproportionate interference with his Article 8 rights - the words of the statute (requiring an order to be imposed where the relevant conditions were met) should be “read down” under s3 Human Rights Act 1998 to allow the court a discretion not to impose an order; (ii) it was an abuse of process of the process of the court to make an order. After hearing detailed submissions, the Court on appeal accepted the submissions of the Metropolitan Police and rejected the appeal.
The Crown Court’s judgment is here.
Mr Halabi has indicated through his counsel that he intends to appeal to the High Court.