There was no general principle that delay, in a criminal trial involving young children, meant that the evidence of that child should always be excluded at a subsequent trial; each case was fact specific. In the instant case, a judge had been entitled to admit a child’s Achieving Best Evidence interview at trial despite the delay of two years and four months since the interview had taken place.
BEST EVIDENCE CHILDREN CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DELAY EXCLUSION RAPE OF CHILD UNDER 13 SEXUAL ASSAULT OF CHILD UNDER 13
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
It was best practice for a judge to direct a jury before the cross-examination of a vulnerable witness that limitations had been placed on the defence counsel and to explain after the cross-examination the type of issues which the defendant would have wished to explore in further detail. Such directions should be repeated in the summing up.
CHILDREN CRIMINAL EVIDENCE CROSS-EXAMINATION FAMILIAL CHILD SEX OFFENCES JURY DIRECTIONS RAPE OF CHILD UNDER 13 SUMMING UP VULNERABLE AND INTIMIDATED WITNESSES
A claimant failed to show that disclosure on enhanced criminal record certificates of an allegation of sexual assault of which he had been acquitted was disproportionate and inaccurate.
CHILDREN DISCLOSURE ECHR 1950 art.8 ENHANCED CRIMINAL RECORD CERTIFICATES HUMAN RIGHTS POLICE PROPORTIONALITY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SEXUAL ASSAULT
The court allowed Romania’s appeal against the grant of bail to a requested person who had been convicted and sentenced to seven years’ imprisonment for sexual offences against an 11-year-old girl whilst working as her dance teacher. The court was satisfied that there were substantial grounds to believe that the requested person would fail to surrender at the extradition hearing.
BAIL CHILDREN CRIMINAL PROCEDURE EXTRADITION ROMANIA SEXUAL OFFENCES
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 conviction for sexual offences against a child was safe, as medical evidence adduced as fresh had not permitted confident review of a previous diagnosis so as to describe it as ill-founded; taken at its highest it neither supported nor refuted the allegations against the offender. The defence was still that any abuse was perpetrated by another and the jury had decided on the non-medical evidence.
CHILDREN CONVICTION FOR SEXUAL OFFENCES AGAINST CHILD CRIMINAL EVIDENCE CRIMINAL LAW EFFECT OF FRESH MEDICAL EVIDENCE FRESH EVIDENCE GROSS INDECENCY INDECENT ASSAULT MEDICAL EVIDENCE RAPE
An offender who had been incorrectly convicted of indecent assault instead of gross indecency with a child had his appeal against conviction allowed and his sentence reduced to six years’ imprisonment.
CHILDREN CONSENSUAL SEXUAL CONTACT BETWEEN MUSIC TEACHER AND 15-YEAR-OLD PUPIL CONVICTIONS CRIMINAL LAW GROSS INDECENCY INDECENCY WITH CHILDREN ACT 1960 s.1 INDECENT ASSAULT OFFENCE NOT INDECENT ASSAULT BUT GROSS INDECENCY WITH CHILD s.1(1) s.14 SEXUAL OFFENCES ACT 1956 s.14(1)
A decision to prosecute a 10-year-old boy for sexual offences committed against a younger boy was not irrational, nor had there been a failure by the CPS to follow its settled policy on the prosecution of young offenders.
CHILDREN CRIMINAL PROCEDURE CROWN PROSECUTION SERVICE DECISIONS TO PROSECUTE POLICIES SEXUAL OFFENCES
A suspended sentence for seven offences of indecent assault on step-siblings of a very young age, carried out over a protracted period some 20 years earlier, had not been unduly lenient. The interruption to the offender’s treatment programme that an immediate custodial sentence would cause, and the potential resulting exacerbation of the situation, amounted to an exceptional circumstance justifying the suspended sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.118.
“HISTORIC” OFFENCES CHILD SEX OFFENCES CHILDREN CRIMINAL JUSTICE ACT 2003 s.142 INDECENT ASSAULT POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.118 SENTENCING SUSPENDED SENTENCE FOR HISTORIC OFFENCES COMMITTED AGAINST STEP-SIBLINGS SUSPENDED SENTENCES UNDUE LENIENCY YOUNG OFFENDERS