Information for "Secretary of State for Justice v A Local Authority (2021) EWCA Civ 1527"

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Display titleSecretary of State for Justice v A Local Authority [2021] EWCA Civ 1527
Default sort keySecretary of State for Justice v A Local Authority (2021) EWCA Civ 1527
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Page ID13933
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Page creatorJonathan (talk | contribs)
Date of page creation21:16, 25 October 2021
Latest editorJonathan (talk | contribs)
Date of latest edit21:28, 6 June 2023
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The words "causes or incites" found in s39 Sexual Offences Act 2003 carry their ordinary meaning, and care workers implementing a care plan facilitating contact between a person with mental disorder and a prostitute would clearly be at risk of committing a criminal offence. Section 39 does not interfere with an Article 8 right (and would be justified if it did), and the discrimination involved (compared with someone whose physical disability prevented him from making the practical arrangements) is justified under Article 14. The court noted situations where facilitating contact might not fall foul of s39, such as where a person with dementia wishes to spend time at home with a spouse, or a young person wishes to meet people of his own age and make friends.
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