AC-2025-LON-003228 - [2025] EWHC 2569 (Admin)

The five-count indictment involved 3 counts of failing to comply with a serious crime prevention order. The first failure related to an unnotified change of address (Count 1), the second related to an unregistered mobile phone (Count 2). The third related to an unregistered laptop (Count 3). Count 4 on the indictment was being concerned in the supply of a Class B drug cannabis to another. The timeframe for all 4 of those counts was between 1 August 2023 and 16 November 2023.

The very fact of Counts 1 to 3 indicated clearly that the Claimant had had previous interactions with the criminal process. The serious crime prevention order, which features in those counts, had been put in place. Mr Kherbane, who appeared before the Judge, tells me that the Judge did not have visibility as to the Claimant’s previous convictions. Apart from being aware that there were previous convictions, the Judge did know about a custodial sentence of 28 months for a 2021 conspiracy to import cannabis and transfer criminal property. That conviction had been the setting for the imposition in January 2023 of the serious crime prevention order. The Judge was also aware that that order had been in force during the indictment period, namely August 2023 through November 2023. I will interpose that I have fuller information from the parties. It includes that the Claimant committed a 2013 offence of possession with intent to supply, which had led to an 18 month custody custodial sentence. I also have information about the licence period relating to the 28 month custodial sentence in respect of the 2021 conspiracy. The information before this Court is that the licence period ended on 4 October 2023. That means some of the indictment period was within it and some of the period was outside it.

A fifth Count on the Indictment had a specific date 15 November 2023. It was possession of Class B cannabis. A detailed Opening Note had been provided by the prosecution in the run up to what was going to be the trial. It was dated 15 September 2025. Both Mr Kherbane and Ms Millar have taken me to it. The Claimant had been encountered at Heathrow on 15 November 2023 and found with keys and devices. That was the background to the 5 count indictment. He had entered “not guilty” pleas to all 5 Counts. Mr Kherbane submits, and I accept, that the Claimant’s position on Count 1 had been to contest whether there was a “reasonable excuse” for the non-notification of a change of address. That was in the context of a serious crime prevention order which expressly stated that it was enough for the Claimant to be in possession of keys for a new address. Mr Kherbane says it was never in dispute that the unnotified address was a “breach” of the serious crime prevention order, subject to the question of “excusability”.