The terms of a sexual offences prevention order imposed on an offender who had been sentenced for voyeurism, which included an almost blanket ban on using the internet, were changed where its terms did not conform to the guidance given in R. v Smith (Steven) [2011] EWCA Crim 1772 with the result that it was unworkable and disproportionate.
APPEALS CRIMINAL PROCEDURE INDECENT PHOTOGRAPHS OF CHILDREN LISTING POSSESSION OF EXTREME PORNOGRAPHIC IMAGES PROPORTIONALITY SENTENCING SEXUAL OFFENCES PREVENTION ORDERS VOYEURISM
A written note that flattered a 13-year-old girl, asked her to come around for “some fun” if she wanted to and stated that it was okay if she did not was not just an invitation. The words used were capable of amounting to an incitement to sexual activity. The court advised that in circumstances where the need to appeal arose during the currency of criminal proceedings and the appeal could be mounted very quickly, it was sufficient to tell the jury that a procedural issue had arisen that was neither the fault of the defence or prosecution and that the case had to be adjourned until the date that the issue could be resolved; to say otherwise would lead to rife speculation.
APPEALS CRIMINAL PROCEDURE INCITEMENT JURY DIRECTIONS NO CASE TO ANSWER SEXUAL ACTIVITY WITH CHILDREN
A judge had exercised his discretion fairly under s.41 Youth and Criminal Evidence Act 1999 by ruling as admissible certain evidence about sexual abuse on complainant children by persons other than their parents against whom criminal proceedings had been brought.
ABUSE ADMISSIBILITY APPEALS CHILDREN COMPLAINTS CONVICTIONS CREDIT CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DISCRETION EXCLUSION EXERCISE GUILT INCONSISTENT STATEMENTS INDECENCY WITH A CHILD INDECENT ASSAULT INNOCENCE INTERVIEW JURY LEAVE MISCONDUCT OTHERS PACE 1984 PARENTS PERMISSION PROCEDURAL IMPROPRIETY PROOF QUESTIONING RELEVANCE RIGHT TO QUESTION CHILD WITNESSES IN RELATION TO PRIOR COMPLAINTS OF ABUSE S.41 YOUTH AND CRIMINAL EVIDENCE ACT 1999 s.42(1)(c) S.78 POLICE AND CRIMINAL EVIDENCE ACT 1984 SEXUAL OFFENCES UNSAFE VIDEOS YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
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