When an offender was sentenced for historic sexual offences, he was not to be sentenced on any count to more than the maximum term available at the time of the offending. That said, sentencing had to reflect modern attitudes, and the court could take account of modern sentencing guidelines.
“HISTORIC” OFFENCES BAD CHARACTER CONDUCT EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 HISTORICAL OFFENCES INDECENT ASSAULT MODERN SENTENCING GUIDELINES NO PUNISHMENT WITHOUT LAW s.14 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES ACT 2003 s.72 VICTIM IMPACT
The court determined the correct approach to sentencing in respect of sexual offences committed many years ago but only recently brought to conviction.
APPROACH TO SENTENCING SEXUAL OFFENCES COMMITTED MANY YEARS AGO BUT ONLY RECENTLY BROUGHT TO CONVICTION art.7(1) DATE OF OFFENCE DELAY EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 HUMAN RIGHTS RETROSPECTIVE PENALTIES SENTENCING SENTENCING GUIDELINES SENTENCING POWERS SEXUAL OFFENCES
Alleged offences relating to prostitution and people trafficking as specified in a European arrest warrant for which the appellant’s extradition to Lithuania was sought amounted to extradition offences by virtue of the Extradition Act 2003 s.64(3). All the conditions of s.64(3) had been met, notably as the conduct alleged in the warrant had partly occurred in Lithuania and would constitute one or more offences under English law.
EUROPEAN ARREST WARRANTS EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 EXTRADITION EXTRADITION ACT 2003 s.64 EXTRADITION OFFENCES EXTRADITION ORDERS NO PUNISHMENT WITHOUT LAW OFFENCES SPECIFIED IN ARREST WARRANT AMOUNTING TO EXTRADITION OFFENCES BY VIRTUE OF S.64(3) EXTRADITION ACT 2003 Part 1 PART OF CONDUCT OCCURRING IN REQUESTING STATE PROSTITUTION s.10 s.52 s.53 s.59(3) s.60 s.60(1) s.60(2) s.64(2) s.64(3) s.64(4) SEXUAL OFFENCES ACT 2003 s.59
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