Attorney-General v Foy

The case of Attorney-General v Foy involved a supervision order made under the Dangerous Prisoners (Sexual Offenders) Act 2003 against the respondent, Mark Anthony Foy, on 6 January 2005. The applicant, acting on behalf of the Attorney-General, sought either to have the supervision order rescinded and for Foy to be returned to custody under a continuing detention order, or for the conditions of the supervision order to be amended. This application was made on the basis that Foy had breached at least one of the conditions of the supervision order. The legal issues before the court were whether Foy should be returned to custody under a continuing detention order or if the conditions of the supervision order should be amended.

The court found that there was sufficient evidence to conclude on the balance of probabilities that Foy had contravened the conditions of the supervision order. The court was satisfied that it was appropriate to amend the conditions of the supervision order rather than rescinding it and returning Foy to custody. The court outlined the specific conditions that should be amended, reflecting the reasons provided in the judgment. The amended supervision order was set to remain in effect until 31 December 2014.

The final orders of the court included confirming that Foy had contravened the supervision order, amending the conditions of the supervision order as set out in the judgment, and directing that Foy be subject to the amended supervision order until 31 December 2014.