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Mr S was convicted and sentenced at Lincoln Crown Court in October 2006 in respect of sexual offences . He was sentenced to a 9 month tariff under Section 225 of the Criminal Justice Act 2003 .

It was argued such a short IPP Sentence was both unwarranted and inappropriate . We argued the Trail Judge failed to address specifically the guidance in or to refer to Lang in his sentencing remarks . Further than thtere was a marked lack of material to base the assessment of continuing risk upon .

Following the decision in Gazzard [ 2007 ] Cr App R ( S ) 70 this was a case where the Court was likely to give serious consideraiton to substituting a determinate sentence .

The Single Judge agreed the case is arguabel and has granted leave to appeal . The Appeal will be heard at a later date .

[ It is our policy not to identify appellant's names unless either their name comes into the public domain or they give consent ]