An offence of possessing an indecent photograph of a child contrary to the Criminal Justice Act 1988 s.160 was not a “sexual offence” within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 s.85(1)(a) and an extended sentence of imprisonment could not, therefore, be imposed in respect of it.
CRIMINAL JUSTICE ACT 1988 s.160 EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN LAWFULNESS OF EXTENDED SENTENCE OFFENCE OF POSSESSING INDECENT PHOTOGRAPHS OF CHILDREN POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85(1)(a) s.160(1) s.161 s.85 SENTENCING
A ten-year extended sentence with a custodial period of five years was appropriate for offences relating to the sexual abuse of two young girls over a period of some five years.
ABUSE OF TWO GIRLS OVER FOUR-YEAR PERIOD CHILD SEX OFFENCES CONCURRENT SENTENCES EXTENDED SENTENCES SENTENCE LENGTH SENTENCING TOTALITY OF SENTENCE
Offences committed by a young offender contrary to the Sexual Offences Act 2003 s.13 were not serious specified offences for the purposes of the Criminal Justice Act 2003.
ASSESSMENT OF DANGEROUSNESS CRIMINAL JUSTICE ACT 2003 s.226 DANGEROUSNESS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION OFFENCES COMMITTED BY YOUTH NOT AMOUNTING TO SERIOUS SPECIFIED OFFENCES s.1(1) s.1(2) s.11(1) s.12(1) s.13 s.13(1) s.13(2)(b) s.224 s.224(2) s.226(3) s.7(2) Sch.15 SENTENCING SERIOUS SPECIFIED OFFENCES SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.7(1) YOUNG OFFENDERS
Sentences of four and two years’ imprisonment were appropriate in the case of a husband and wife who had involved two 14-year-old girls in sexual activity.
ABUSE OF POSITION OF TRUST CAUSING A CHILD TO WATCH A SEXUAL ACT CHILD SEX OFFENCES EXTENDED SENTENCES HUSBAND AND WIFE INVOLVING 14-YEAR-OLD GIRLS IN SEXUAL ACTIVITY INCITING A CHILD TO ENGAGE IN SEXUAL ACTIVITY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85(1)(b) s.85 SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL GROOMING
A sentence of imprisonment for public protection with a minimum term of two years and six months was appropriate in the case of a 23-year-old man who had pleaded guilty to two offences of raping a child under the age of 13, one offence of meeting a child following sexual grooming, one offence of sexual activity with a child, and 10 offences of making an indecent photograph of a child.
CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.229 DANGEROUS OFFENDERS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION RISK OF REOFFENDING Sch.15 SENTENCING UNDUE LENIENCY YOUNG GIRLS GROOMED FOR SEXUAL INTERCOURSE
An extended sentence comprising three years’ detention and an extended licence period of two years imposed on the offender in respect of an offence of attempted rape was unduly lenient. A sentence of detention for public protection was substituted.
APPROPRIATENESS OF EXTENDED SENTENCE ATTEMPTED RAPE AND VIOLENT ASSAULT OF VICTIM ATTEMPTS DANGEROUS OFFENDERS DETENTION FOR PUBLIC PROTECTION EXTENDED SENTENCES PUBLIC PROTECTION RAPE SENTENCING UNDUE LENIENCY YOUNG OFFENDERS
There was no power to add an extended sentence to a detention and training order under the Powers of Criminal Courts (Sentencing) Act 2000 s.85 .
ADDITION OF EXTENDED PERIOD OF LICENCE TO DETENTION AND TRAINING ORDERS CRIMINAL JUSTICE ACT 1991 CRIMINAL JUSTICE ACT 1991 s.39(2) DETENTION AND TRAINING ORDERS EXTENDED LICENCE PERIODS EXTENDED SENTENCES EXTENSION PERIODS INDECENCY INDECENCY WITH A CHILD INDECENCY WITH CHILD POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85 s.101 s.101(5) S.101(5) POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.102 s.103 s.103(1) s.105 s.106 s.33 s.39 S.39(2) CRIMINAL JUSTICE ACT 1991 s.43(3) s.44(3) s.76 S.85 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85(1) s.85(1)(b) s.85(2) s.85(5) s.91 SENTENCING SENTENCING POWERS SEXUAL OFFENCES UNLAWFUL SENTENCES
The application for an extension of time for leave to appeal an extended licence period of five years for sex offences was refused, as subsequent case law did not apply retrospectively.
CRIMINAL PROCEDURE EXTENDED LICENCE PERIODS EXTENDED SENTENCES EXTENSION OF TIME GROSS INDECENCY INDECENT ASSAULT LEAVE TO APPEAL MANIFESTLY EXCESSIVE RETROSPECTIVE EFFECT SENTENCING
An order for an extended licence under s.86 Powers of the Criminal Courts (Sentencing) Act 2000 was preventive not punitive, and the addition of such an order to a sentence of imprisonment for an offence committed before 1 October 1991 did not violate Art.7 European Convention on Human Rights.
ART.7 COMMITTED BEFORE 30 SEPTEMBER 1998 CRIMINAL JUSTICE ACT 1991 s.1(2)(b) CRIMINAL LAW CRIMINAL PROCEDURE CUSTODIAL SENTENCES DECISIONS PER INCURIAM EARLY RELEASE ECHR EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS EXTENDED SENTENCES EXTENSIONS HUMAN RIGHTS INDECENT ASSAULT LEGALITY LICENCES NATURE OF ORDER EXTENDING LICENCE PERIOD NO PUNISHMENT WITHOUT LAW OFFENCES COMMITTED PRIOR TO COMMENCEMENT OF CRIMINAL JUSTICE ACT 1991 Part 2 PENALTIES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 PREVENTIVE PUNISHMENT RETROSPECTIVE LEGISLATION RETROSPECTIVE PENALTY s.3 s.32(6)(a) s.33(1) s.33(3) s.37(1) s.38 s.44 s.85 S.86 POWERS OF THE CRIMINAL COURTS (SENTENCING) ACT 2000 SENTENCING SEXUAL OFFENCES SHORT TERM PRISONERS
A sentence in excess of the statutory maximum of ten years should not have been imposed where it resulted in an extended sentence of 18 years, of which 12 years was the custodial term for sex offences against children. A term of ten years, of which six years was the period of imprisonment and four years was the extended licence period, was imposed instead.
CHILDREN COMMENSURATE SENTENCES CONSECUTIVE EXTENDED PERIODS CONSECUTIVE SENTENCES CRIMINAL LAW CRIMINAL PROCEDURE EXTENDED LICENCE PERIODS EXTENDED SENTENCES GOOD PRACTICE INDECENCY WITH A CHILD INDECENT ASSAULT INDECENT ASSAULT ON A FEMALE S.85 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 SENTENCING STATUTORY MAXIMUMS SUFFERED HARM
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