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Top Criminal Barrister QC and Leading Rape Defence Counsel

CHILD SEX OFFENCES

August 1, 2019

A judge had erred in imposing a wasted costs order on a defence barrister after discharging the jury following the barrister’s closing speech. In front of the jury, the barrister had inappropriately criticised the procedure by which questions for young and vulnerable witnesses were formulated in advance, and had also strayed beyond the bounds of appropriate comment in relation to the complainant’s sexual behaviour. However, his comments could have been dealt with in the judge’s summing up and did not call for the discharge of the jury.

CHILD SEX OFFENCES CLOSING SPEECHES CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DISCHARGE OF JURY PROCEDURAL IRREGULARITY PROPORTIONALITY PROSECUTION OF OFFENCES ACT 1985 s.19A s.41 SEXUAL BEHAVIOUR VICTIMS WASTED COSTS ORDERS YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.28

July 12, 2019

A defendant had received a fair trial in a case concerning historical child sex offences where various pieces of contemporaneous evidence had been lost or destroyed. There was a substantial amount of additional material that could be used to test the reliability and credibility of the complainant, and the judge had given an impeccable direction to the jury to consider whether the defendant had been placed at a real disadvantage when they decided whether the prosecution had satisfied them of his guilt.

CHILD SEX OFFENCES CRIMINAL EVIDENCE DESTRUCTION OF EVIDENCE HISTORICAL OFFENCES INDECENCY INTERVIEW RECORDS PREJUDICE SUFFICIENCY OF EVIDENCE VIDEO EVIDENCE

May 31, 2019

A custodial sentence of 9 years and 6 months and a further probation period of one year imposed on a 91-year-old former monk for historical offences of indecent assault, buggery and attempted buggery was unduly lenient, and was replaced with a custodial term of 12 years.

AGE BUGGERY CHILD SEX OFFENCES DELAY GUILTY PLEAS HISTORICAL OFFENCES INDECENT ASSAULT NORTHERN IRELAND PROBATION ORDERS REDUCTION OF SENTENCE SENTENCING UNDUE LENIENCY

March 15, 2019

A judge had been entitled to refuse severance of an indictment, meaning that an offender was tried for historic and recent counts of child sexual offences at the same time. The Criminal Procedure Rules 2015 r.3.21(4)(a) had removed the technical barriers to joinder in appropriate cases: where evidence on one count would be properly admissible on the other as evidence of bad character it was hard to argue that the offender would be prejudiced in his defence by having both counts on the same indictment. In the instant case, the recent counts would have been admissible as bad character evidence at the offender’s trial on the historic counts and vice versa.

BAD CHARACTER CHILD SEX OFFENCES CRIMINAL PROCEDURE HISTORICAL OFFENCES INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JOINDER PREJUDICE SEVERANCE

January 15, 2019

A sentence of three-and-a-half years’ imprisonment imposed on an offender for historic offences of buggery and indecent assault on a fellow resident at a children’s home was unduly lenient. The offender satisfied the dangerousness criteria and a sentence of five years and ten months’ imprisonment with a three-year extension period was appropriate.

CHILD SEX OFFENCES DANGEROUSNESS EXTENDED SENTENCES HISTORICAL OFFENCES INDECENT ASSAULT RAPE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES TOTALITY OF SENTENCE UNDUE LENIENCY

November 23, 2018

Concurrent sentences of two years’ imprisonment for historic offences of indecent assault and indecency with a child committed against the offender’s sister when he was aged 14-16 were reduced to concurrent one-year sentences. The offender, now over 70, was gravely ill and nearing the end of his life, and the original sentence was, in justice and in mercy, longer than necessary.

ABSENCE CHILD SEX OFFENCES CRIMINAL PROCEDURE HISTORICAL OFFENCES ILL HEALTH INDECENCY INDECENT ASSAULT SENTENCE LENGTH SENTENCING YOUNG OFFENDERS

November 2, 2018

A total sentence of 13 years and two months’ imprisonment imposed following a trial of a step-father for four historic sexual offences against his step-daughter was manifestly excessive where the judge had both ordered all sentences to run consecutively, as well as imposing sentences at the higher end of the scale. It was replaced with a sentence of 11 years and two months’ imprisonment.

CHILD SEX OFFENCES CONSECUTIVE SENTENCES HISTORICAL OFFENCES INDECENT ASSAULT SENTENCE LENGTH SENTENCING STARTING POINT TOTALITY OF SENTENCE

October 31, 2018

A 78-year-old man whose extradition to the Falkland Islands was sought in order to prosecute him for 12 alleged historic sexual abuse offences from the mid-1980s was bailed. The unusual features of the case, including the individual’s ill-health and his caring responsibilities, and the fact that he had not offended since completing a sex offenders’ treatment programme in 2002, meant that the risks of him absconding or committing further offences were minimal.

ABSCONDING BAIL CHILD SEX OFFENCES CRIMINAL PROCEDURE EXTRADITION EXTRADITION REQUESTS HISTORICAL OFFENCES ILL HEALTH RISK OF REOFFENDING

October 16, 2018

The court considered issues relating to the impact of the Youth Justice and Criminal Evidence Act 1999 s.28 and the pre-recorded cross-examination of vulnerable child witnesses, and provided guidance regarding best practice for trial judges and advocates.

CASE MANAGEMENT CHILD SEX OFFENCES CHILDREN CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION JURY DIRECTIONS RIGHT TO FAIR TRIAL SPECIAL MEASURES DIRECTIONS VIDEO RECORDINGS VULNERABLE AND INTIMIDATED WITNESSES

June 8, 2018

Certain conditions of a sexual harm prevention order imposed on an offender who had committed sexual offences against children, which restricted his use of computers, mobile phones with internet access and remote storage, were quashed as they were disproportionate, unenforceable and did not give effect to the statutory purpose.

CHILD SEX OFFENCES CLOUD COMPUTING INFORMATION TECHNOLOGY INTERNET MEETING CHILDREN FOLLOWING SEXUAL GROOMING OPPRESSION PENOLOGY AND CRIMINOLOGY PROPORTIONALITY SENTENCING SENTENCING POWERS SEXUAL GROOMING SEXUAL HARM PREVENTION ORDERS VICTIM SURCHARGE

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS