That is the question now facing the Divisional Court following Permission to Judicially Review the Government granted by Mr Justice Hickingbottom in X ( Birmingham ) v Home Department .
For More information see the Article published today on the Justice Gap written by Mark Newby of QualitySolicitors Jordans who is the Solicitor for X .
In the case of Christopher Helliwell a family was left distraught when the case was thrown out by the Judge due to conduct of the police who systematically breached the provisions of the Police and Criminal Evidence Act in pursuit of evidence to convict .
The case raises thought provoking issues over the role of the police and when and in what circumstances the rules can ever be bent to get the right result .
In an article for Criminal Law and Justice Weekly journalist Jon Robins has posed the serious questions that arise in such a case . The article has been heavily contributed to by Mark Newby Solicitor Advocate as QualitySolicitors Jordans .
Mr Justice Hickinbottom today granted permission for the New Sex Offenders Notification Regime to be challenged . The Case will now be known as X ( Birmingham ) v Secretary of State for the Home Department .
The challenge relates to the requirement of anyone convicted of a sexual offence and placed on the Register having to produce details of all their bank accounts and credit cards .
It is argued that the Secretary of States defence of proportionality is not sustainable and is in any event not supported by actual evidence to warrant this invasion of privacy .
QualitySolicitors Jordans today launched the next part of the firms initiative embracing the Quality Solicitors No Hidden Costs Ethos by the introduction of Fixed Costs across the Services which the firm offers in Crime .
As a result those Clients who do not qualify for Legal Aid or do not wish to face an excessive contribution order can now obtain a great package of representation at a fixed price .