In the R v Rowlett  EWCA Crim 1758  12 WLUK 342, John McGuinness QC leading James Gwatkin appeared in the Court of Appeal for the appellant in an appeal against sentence concerning the legality of a Sexual Harm Prevention Order (SHPO). John and James argued that the SHPO that had been made in December 2017 was unlawful, given the Crown Court judge had no power to convert an original Sexual Offences Prevention Order (SOPO) made in 2012 into a SHPO following an application to vary the order by the Crown.
James is currently instructed in Crown Court proceedings alleging breach of the SHPO instructed by Jay Hussain and Vijesh Saujani of SJ Law. After noticing the defects in the order during the Crown Court proceedings, he was granted leave to appeal against the making of the order and an extension of time of over two years following submission of grounds of appeal. John McGuinness QC was assigned to represent the appellant alongside James following an application to extend the representation order.
In a judgment handed down on 18th December 2020, the Court allowed the appeal by quashing the defective SHPO and imposing a new order as could have been correctly made at the time the defective SHPO was imposed.