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Top Criminal Barrister QC and Leading Rape Defence Counsel

DRAFTING

April 19, 2012

An offence of sexual assault, although a bad offence within its category, did not justify the imposition of an extended sentence. A sentence of two years’ imprisonment was substituted.

CRIMINAL JUSTICE ACT 2003 Sch.15A DRAFTING EXTENDED SENTENCES RESIDENT OF CARE HOME CARRYING OUT VIOLENT SEXUAL ATTACK ON SOCIAL SERVICES MANAGER s.227 s.227(2) s.227(2)(a) SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS

February 18, 2010

A sexual offences prevention order was quashed where its terms were impermissibly wide. Since breach of such an order was a criminal offence carrying a maximum sentence of five years’ imprisonment, it was essential that the order was clear on its face, capable of being complied with without unreasonable difficulty and/or the assistance of a third party, and free of the real risk of unintentional breach.

BREACH CLARITY OF TERMS OF ORDER DRAFTING INDECENT PHOTOGRAPHS OF CHILDREN PENOLOGY AND CRIMINOLOGY RISK OF UNINTENTIONAL BREACH s.107(2) s.113(2) SAFEGUARDING VULNERABLE GROUPS ACT 2006 SENTENCING SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS

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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