Philip Allan Main v. Her Majesty's Advocate [2013] HCJAC 4

Criminal  Note of Appeal Against Conviction:- The appellant was charged with a breach of a Sexual Offences Prevention Order (SOPO) contrary to section 113(1)(a) of the Sexual Offences Act 2003. During the trial, the procurator fiscal and the defence agent entered into a joint minute in which it was agreed that the SOPO was granted and prohibited the appellant from inter alia “...(ii) entering or loitering in or around ... [any] identifiable area of a public park while the said park is being used for children's activities." The appellant was convicted. He appealed against conviction. It was noted that the joint minute recorded an order which had not in fact been imposed by the court, the terms of which were too wide as if the order was set out as quoted in the joint minute, the appellant would be in breach of the SOPO even if he was in an identifiable area of the park populated only by adults. It was conceded by the Crown here that the jury had been directed by the sheriff to rely upon the joint minute for the terms of the SOPO, that the terms of the SOPO were inaccurately set out in the joint minute and were too wide, resulting in a misleading of the jury as to the extent of the order, resulting in unfairness in the trial leading to a miscarriage of justice.