There was no support for the proposition that the Criminal Justice (Evidence) (Northern Ireland) Order 2004 had changed the law by prohibiting bad character evidence on its own from constituting, in appropriate circumstances, evidence of identity.
ADMISSIBILITY BAD CHARACTER CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL JUSTICE (EVIDENCE) (NORTHERN IRELAND) ORDER 2004 IDENTITY MURDER NORTHERN IRELAND PREVIOUS CONVICTIONS SIMILAR FACT EVIDENCE SUFFICIENCY OF EVIDENCE ON ITS OWN TO ESTABLISH IDENTITY
It had not been reasonably open to a district judge to exercise his power of committal to the Crown Court for sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.3C in respect of an 11-year-old boy who had pleaded guilty to child sex offences. Having accepted jurisdiction prior to the guilty pleas, further information put before the court regarding the offender’s background and risk of reoffending was not sufficient to change the initial assessment of seriousness and risk.
CHILD SEX OFFENCES CHILD SEX OFFENCES COMMITTED BY 11-YEAR-OLD COMMITTAL FOR SENTENCE CRIMINAL JUSTICE ACT 2003 Pt 12 s.226(3) CRIMINAL PROCEDURE DANGEROUSNESS JURISDICTION JURISDICTION INITIALLY ACCEPTED BY YOUTH COURT LAWFULNESS OF SUBSEQUENT COMMITTAL TO CROWN COURT FOR SENTENCE UNDER S.3C POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 LEGITIMATE EXPECTATION MAGISTRATES’ COURTS ACT 1980 s.24(1) POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.3C s.228 s.228(2) s.228(2A) s.3C(2) s.7 s.91 SENTENCING SENTENCING POWERS SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS YOUTH COURTS
In calculating the time to be served pursuant to an order under the Powers of Criminal Courts (Sentencing) Act 2000 s.116, justice required account to be taken of time spent in prison between recall to custody to serve the balance of a licence period for a previous offence and sentencing for a new offence committed while on licence.
CHILD SEX OFFENCES CREDIT FOR TIME SERVED EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN OFFENDING ON LICENCE ORDER UNDER S.116 POWERS OF THE CRIMINAL COURTS (SENTENCING) ACT 2000 PERIOD BETWEEN RECALL TO CUSTODY AND SENTENCING FOR NEW OFFENCE POSSESSION OF EXTREME PORNOGRAPHIC IMAGES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.116 RETURN TO CUSTODY s.116(1) s.116(2) s.116(2)(a) s.116(6)(b) s.85 s.85(1) SENTENCE LENGTH SENTENCING SENTENCING POWERS
A sentence of 14 years’ imprisonment was appropriate in the case of a 63-year-old man who had been convicted of numerous sexual offences against three teenage boys.
BUGGERY CHILD SEX OFFENCES CHILDREN GROSS INDECENCY INDECENT ASSAULT SENTENCE LENGTH SENTENCING SEXUAL ABUSE OF THREE TEENAGE BOYS OVER PROLONGED PERIOD
A discretionary life sentence imposed under the Powers of Criminal Courts (Sentencing) Act 2000 for assault on a child under 13 by penetration was not excessive. The offender was a predatory paedophile with previous convictions for sexual offences against children and the offence was of sufficient seriousness to warrant life imprisonment.
ASSAULT OF CHILD UNDER 13 BY PENETRATION CHILD SEX OFFENCES DANGEROUS OFFENDERS DISCRETIONARY LIFE IMPRISONMENT DISCRETIONARY LIFE SENTENCE OFFENCES OCCURRING IN 2004/2005 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.76 s.82(2)(b) s.85 s.91 SENTENCING SENTENCING GUIDELINES SERIOUSNESS OF OFFENCE SERIOUSNESS OF OFFENCE AND DANGEROUSNESS OF OFFENDER SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT OF CHILD UNDER 13
It had been open to a jury to be satisfied on the evidence that alleged historic child sexual abuse had continued into the period on the indictment. It was not open to the Court of Appeal to review the evidence and come to a different conclusion.
“HISTORIC” OFFENCES CHILD SEX OFFENCES CHILD SEXUAL OFFENCES COMMITTED 30 YEARS AGO COMMUNITY ORDERS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 Pt 3 CRIMINAL PROCEDURE INDECENCY MATTERS FOR THE JURY NO CASE TO ANSWER POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.41 Pt 1 Pt 2 Pt 4 SENTENCING
An employer was justified, on grounds of reputational risk and a breakdown of trust and confidence, in dismissing an employee after the police had disclosed that the employee posed a risk to children, where it had discharged its duty to make a reasonable investigation.
art.8 CHILD SEX OFFENCES DISCLOSURE EMPLOYMENT EMPLOYMENT RIGHTS ACT 1996 s.98(4) EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6 MUTUAL TRUST AND CONFIDENCE POLICE POLICE DISCLOSURE THAT EMPLOYEE POSED RISK TO CHILDREN POLICE POWERS AND DUTIES REPUTATION REPUTATIONAL RISK IN ABSENCE OF PROVEN MISCONDUCT s.9(8) s.98(1) s.98(1)(b) s.98(1)(d) s.98(2) s.98(2)(b) SHOWING SUBSTANTIAL REASON FOR DISMISSAL SUMMARY DISMISSAL UNFAIR DISMISSAL WRONGFUL DISMISSAL
Where a defendant facing charges of sexual offences against young boys had denied being homosexual, but the prosecution had adduced evidence tending to show his homosexual disposition, there was a real risk that the jury might have drawn an inference that that evidence alone tended to show that he also had a propensity to abuse young boys. It was at least arguable that the judge should have warned the jury in strong terms not to draw such an inference.
ADMISSIBILITY CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL PROCEDURE EVIDENCE OF HOMOSEXUAL DISPOSITION HOMOSEXUALITY INFERENCES JURIES JURY DIRECTIONS PERMISSION TO APPEAL PREJUDICE RISK OF JURY DRAWING DISCRIMINATORY INFERENCE REGARDING PROPENSITY TO ABUSE YOUNG BOYS SEXUAL OFFENCES
A sentence of three-and-a-half years’ imprisonment was appropriate in the case of a 69-year-old man who had pleaded guilty to causing or inciting a child under 13 to engage in sexual activity and to sexual assault of a child under 13 after he had groomed and sexually assaulted a seven-year-old girl.
CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILD SEX OFFENCES ELDERLY MAN GROOMING VERY YOUNG GIRL SENTENCE LENGTH SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13 UNDUE LENIENCY
A sentence of imprisonment for public protection with a minimum term of two years was appropriate in the case of an adult male who had pleaded guilty to attempting to foster an inappropriate relationship with an 11-year-old girl over internet.
ADULT MALE ATTEMPTING TO FOSTER INAPPROPRIATE RELATIONSHIP WITH 11-YEAR-OLD GIRL OVER INTERNET APPROPRIATE MINIMUM TERM ATTEMPTS CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.229(3) ENGAGING IN SEXUAL ACTIVITY IN PRESENCE OF CHILDREN IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN MINIMUM TERM s.160(1) s.227 s.229(3) SENTENCE LENGTH SENTENCING
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