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Top Criminal Barrister QC and Leading Rape Defence Counsel

CONDITIONAL DISCHARGE

May 2, 2019

As the Attorney General had a statutory responsibility to personally consider whether sentences should be referred to the Court of Appeal as unduly lenient, it was inimical to the public interest for judges, when exercising their discretion as to the provision of a transcript of a sentence hearing, to restrict or limit the provision of such information on such a request from the Attorney General.

ABUSE OF POSITION OF TRUST COMMUNITY SENTENCES CONDITIONAL DISCHARGE CRIMINAL JUSTICE ACT 1988 Pt IV s.36(1) CRIMINAL PROCEDURE JUDGES POWERS RIGHTS AND DUTIES SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT TRANSCRIPTS UNDUE LENIENCY

May 16, 2008

An Asylum and Immigration Tribunal had made material errors of law in holding that exceptional circumstances were required before deportation could be ordered for a failed asylum seeker who had pleaded guilty to two sexual offences and had been sentenced to a two-year conditional discharge with a recommendation for deportation.

CONDITIONAL DISCHARGE DEPORTATION DEPORTATION OF FAILED ASYLUM SEEKER CONVICTED OF SEXUAL OFFENCES ERROR OF LAW FAILED ASYLUM SEEKERS IMMIGRATION IMMIGRATION ACT 1971 s.5(1) NEED FOR EXCEPTIONAL CIRCUMSTANCES RECOMMENDATIONS s.14 s.2(3) s.3(5) s.3(6) s.5 s.6 SENTENCING

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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