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Top Criminal Barrister QC and Leading Rape Defence Counsel

DECISIONS TO PROSECUTE

December 14, 2018

A member of a group under police surveillance who had entered into a sexual relationship with an undercover police officer was unable to establish that her lack of knowledge as to the officer’s true identity vitiated her consent to sexual relations within the meaning of the Sexual Offences Act 2003 s.74. There was no justification for extending the common law position as contended for by the claimant, namely that the matter to which the deception related had to be sufficiently serious in objective terms as to be capable of being regarded as relevant to a woman’s decision-making and that, subjectively, the deception went to a matter which the woman regarded as critical or fundamental to her decision-making.

CONSENT CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE MISCONDUCT IN PUBLIC OFFICE POLICE POLICE OFFICERS PROCURING INTERCOURSE RAPE

April 30, 2018

A prosecutor’s decision not to charge a man with the rape of a woman with learning difficulties was not irrational. The circumstances of the man’s acquittal some years earlier on charges of sexual activity with a person with a mental disorder impeding choice were such that the prosecutor had been right to conclude that the man would be able to establish that a second prosecution was an abuse of process.

ABUSE OF PROCESS ACQUITTALS CRIMINAL PROCEDURE DECISIONS TO PROSECUTE RAPE

October 13, 2015

The court considered the proper approach to the Victims’ Right to Review Guidance of CPS decisions and to claims made in respect of decisions to charge where the original decision was not to charge.

COMMITTAL FOR TRIAL CRIMINAL PROCEDURE DECISIONS TO PROSECUTE PROPER APPROACH TO VICTIMS’ RIGHT TO REVIEW GUIDANCE RAPE REVERSAL OF DECISION NOT TO PROSECUTE RAPE ALLEGATION REVIEWS SUSPECT’S RIGHT TO MAKE REPRESENTATIONS VICTIMS

June 23, 2015

The Northern Ireland Public Prosecution Service had not erred in making a decision not to prosecute an alleged rape of a 14-year-old boy with moderate learning difficulties; there was a clear factual basis for the finding that there were insufficient grounds to mount a prosecution.

CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE PROSECUTION EVIDENCE QUASHING ORDERS RAPE OF CHILD UNDER 13 SUFFICIENCY OF EVIDENCE

November 25, 2014

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

November 20, 2006

It was not for the courts to assess the reasons behind the prosecution’s decision to charge an individual under the Sexual Offences Act 2003 s.8 rather than s.5 or s.9 and, in the circumstances, a sentence of five years’ imprisonment imposed on the individual was not manifestly excessive.

APPROPRIATENESS OF PROSECUTION CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CRIMINAL PROCEDURE DECISIONS TO PROSECUTE MITIGATION s.5 s.9 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES ACT 2003 s.8

Contact Stephen

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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