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Top Criminal Barrister QC and Leading Rape Defence Counsel

DELAY

June 27, 2019

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

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 24, 2015

It had not been an abuse of process to prosecute an elderly man for an historic offence of sexual assault which had been committed against a seven-year-old family member. The 23-year delay between the offence and trial did not of itself justify a stay of prosecution, and the judge had been entitled to determine that the offender, who suffered from dementia and other physical ailments, was fit to plead and stand trial.

“HISTORIC” OFFENCES ABUSE OF PROCESS CRIMINAL PROCEDURE DELAY FITNESS TO PLEAD SEXUAL ASSAULT OF CHILD UNDER 13

October 22, 2014

The requirement in the Criminal Procedure Rules 2014 Pt 67 to give immediate notice of an intention to seek permission to appeal against a terminating ruling was a mandatory pre-condition to establish appeal jurisdiction. Prosecution counsel’s failure to give such notice, where he had withdrawn from the case due to professional embarrassment but remained ostensibly holding the prosecution brief, meant that the court lacked jurisdiction to consider an application for permission to appeal.

ABSENCE OF JURISDICTION ADJOURNMENT COUNSEL’S FAILURE TO GIVE NOTICE OF INTENTION TO SEEK PERMISSION TO APPEAL CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2014 Pt 67 DELAY EFFECT OF CRIMINAL PROCEDURE RULES 2014 PT 67 UPON APPEAL JURISDICTION LEGAL PROFESSION PROFESSIONAL EMBARRASSMENT PROSECUTION APPEALS PROSECUTION CASE r.67.2(2)(a) RAPE TERMINATING RULINGS

October 10, 2014

The court granted leave to prefer a voluntary bill of indictment under the Administration of Justice (Miscellaneous Provisions) Act 1933 s.2(2)(b) against the defendant, Gary Glitter, on counts of alleged historic sex abuse. Acknowledging the exceptional nature of its decision, the court held that it was in the interests of justice, and the defendant would not be denied a fair trial by reason of delay.

“HISTORIC” OFFENCES ABUSE OF PROCESS ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ACT 1933 s.2 CHILD SEX OFFENCES CRIMINAL PROCEDURE DELAY RIGHT TO FAIR TRIAL s.2(2)(a) s.2(2)(b) STAY OF PROCEEDINGS VOLUNTARY BILLS OF INDICTMENT

December 20, 2013

An offender’s convictions for historic offences of rape, buggery, attempted rape, indecent assault and murder were deemed safe, as the judge had given the jury adequate directions as to the dangers of delay and its effect on the evidence.

“HISTORIC” OFFENCES ADMISSIBILITY ADMISSION OF HISTORIC EVIDENCE ATTEMPTS BUGGERY CONFESSIONS CRIMINAL EVIDENCE CRIMINAL PROCEDURE DELAY EFFECT ON FAIRNESS OF TRIAL INDECENT ASSAULT JURY DIRECTIONS MURDER POLICE INTERVIEWS PREJUDICE RAPE SEXUAL OFFENCES SIGNIFICANT DELAY IN CHARGING OFFENDER

November 28, 2013

A 30-year delay on the part of a complainant did not render an offender’s convictions for indecent assault, indecency with a child, and rape unsafe as the judge had sufficiently dealt with any prejudice to the offender in his summing up and directions to the jury and there had been other evidence that supported the complainant’s evidence.

“HISTORIC” OFFENCES 30-YEAR DELAY BETWEEN INCIDENT GIVING RISE TO ALLEGATIONS AND COMPLAINANT’S ALLEGATIONS ABUSE OF PROCESS BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL LAW DELAY FAIRNESS INDECENCY INDECENT ASSAULT PREJUDICE TO OFFENDER PREVIOUS CONVICTIONS PROPENSITY RAPE SAFETY OF CONVICTIONS SEXUAL OFFENCES STAY OF PROCEEDINGS

September 27, 2013

The Court of Appeal in Northern Ireland overturned an appellant’s convictions on three out of eleven counts of historic sexual abuse on the basis that they were unsafe. It found the remainder to be safe, rejecting arguments that the judge had erred in permitting evidence of reprehensible behaviour and that a fair trial had been rendered impossible by the passage of time.

BAD CHARACTER CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL PROCEDURE DELAY FRESH EVIDENCE INDECENT ASSAULT JURY DIRECTIONS NORTHERN IRELAND

September 10, 2013

Although the delay in the appellant’s prosecution for historic sexual offences was extreme, the resulting missing evidence was not of a degree of cogency that could amount to a finding of serious prejudice in its absence. The trial judge had given the jury appropriate directions regarding the effect of the delay and the appellant’s convictions were safe.

“HISTORIC” OFFENCES CRIMINAL EVIDENCE CRIMINAL PROCEDURE DEFENCE EVIDENCE DELAY EFFECT OF EXTENSIVE DELAY ON DEFENCE CASE PREJUDICE RAPE SEXUAL OFFENCES STAY OF PROCEEDINGS

June 28, 2013

Where there had been a long delay in bringing a prosecution for indecent assaults, the effect of the delay on the perpetrator’s identification was often best addressed by a short, self-contained direction that focused on the defendant. Although a judge’s direction on the effect of delay on the identification of a Buddhist monk who had sexually assaulted a nine-year old girl in a temple 34 years ago had not been structured in the most appropriate way, it had not amounted to a misdirection and the resulting convictions for indecent assault were safe.

APPROPRIATENESS OF DIRECTION AS TO EFFECT OF DELAY ON IDENTIFICATION OF DEFENDANT CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2005 r.3.2 DELAY DELAY IN BRINGING PROSECUTION FOR INDECENT ASSAULTS IDENTIFICATION INDECENT ASSAULT JURY DIRECTIONS SENTENCE LENGTH SENTENCING WHETHER SENTENCE MANIFESTLY EXCESSIVE

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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