At a fact-finding hearing relating to the death and possible sexual assault of a child, the court highlighted difficulties with the approach to police disclosure outlined in the 2013 Protocol and Good Practice Model and made detailed suggestions for new procedural guidelines, subject to formal review by the President of the Family Division.
BURDEN OF PROOF CHILDREN CIVIL EVIDENCE CRIMINAL EVIDENCE DEATH DISCLOSURE FORENSIC EVIDENCE GUIDELINES POLICE SEXUAL ASSAULT
A person subject to the notification requirements of the Sexual Offences Act 2003 who wished to challenge a decision of a magistrates’ court to uphold a refusal to review the notification requirements should bring an appeal by way of case stated rather than pursue an application for judicial review.
APPEAL BY WAY OF CASE STATED RATHER THAN JUDICIAL REVIEW BURDEN OF PROOF CASE STATED CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 JUDICIAL REVIEW MAGISTRATES’ COURT UPHOLDING REFUSAL OF CHIEF CONSTABLE TO REVIEW REQUIREMENTS IMPOSED UNDER SEXUAL OFFENCES ACT 2003 NOTIFICATION REQUIREMENTS PROPORTIONALITY Pt 2 REVIEWS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.81(1) s.83 s.86 s.91 s.91(1)(b) s.91B s.91B(11)(b) s.91B(2) s.91B(4) s.91C s.91C(2) s.91D s.91D(1) s.91D(1)(b) s.91D(2) s.91E s.91F Sch.3 Sch.5 SEX OFFENDERS SEXUAL OFFENCES ACT 2003 s.91A STANDARD OF PROOF
A judge had not failed to direct a jury properly on the burden and standard of proof in relation to offences of false imprisonment, assault occasioning bodily harm and rape where he had effectively directed the jury that they had to make a choice whether to believe the evidence of the complainant or the defendants.
ACTUAL BODILY HARM ASSAULT BURDEN OF PROOF CRIMINAL EVIDENCE FALSE IMPRISONMENT RAPE STANDARD OF PROOF SUMMING UP
The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.
ASSESSMENT OF COMPLAINANT’S MENTAL CAPACITY BURDEN OF PROOF CONSENT CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE (INSANITY) ACT 1964 s.4A EXPERT WITNESSES MENTAL CAPACITY MENTAL CAPACITY ACT 2005 s.2 MENTAL HEALTH PERSONS LACKING CAPACITY s.1 s.1(2) s.2(1) s.2(4) s.30 s.30(2)(a) s.31 s.31(2)(a) s.32 s.32(2)(a) s.33 s.33(2)(a) s.4 s.4(5) s.42 s.44 s.74 s.75 s.76 SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.3 SEXUAL OFFENCES INVOLVING PROOF OF LACK OF CONSENT STANDARD OF PROOF
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