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Top Criminal Barrister QC and Leading Rape Defence Counsel

LICENCE PERIODS

March 13, 2012

A six-year extended licence period, imposed upon an offender who had pleaded guilty to four sexual assaults, was excessive. A four-year extended licence, equivalent to the appropriate custodial term, was therefore imposed.

DANGEROUS OFFENDERS EXTENDED LICENCE EQUIVALENT TO APPROPRIATE CUSTODIAL SENTENCE EXTENDED SENTENCES LICENCE PERIODS OFFENDER GUILTY OF FOUR SEXUAL ASSAULTS SENTENCING SEXUAL ASSAULT TOTALITY OF SENTENCE

May 18, 2010

The Powers of Criminal Courts (Sentencing) Act 2000 s.86 applied to the totality of a sentence even where part of the overall sentence imposed was in respect of sexual offences committed after September 30, 1998.

1998 APPLICATION OF S.86 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 EFFECT OF JUDGE’S INACCURATE EXPLANATION OF ORDER UNDER S.86 JUDICIAL COMMENT LICENCE PERIODS PAROLE POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 REHABILITATION s.85 s.86(1) s.86(1)(a) SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES COMMITTED BEFORE AND AFTER SEPTEMBER 30

January 20, 2010

A total sentence of seven years’ imprisonment with an extended licence period of two years imposed on an offender following his pleas of guilty to three counts of sexual assault was manifestly excessive and was reduced to six years’ imprisonment; further, the extended licence period was not warranted.

APPROPRIATE TOTAL SENTENCE FOR THREE OFFENCES OF SEXUAL ASSAULT APPROPRIATENESS OF EXTENDED LICENCE PERIOD CRIMINAL JUSTICE ACT 2003 Sch.15A EXTENDED SENTENCES LICENCE PERIODS s.227(2) s.240 s.3 SENTENCING SEXUAL ASSAULT SEXUAL OFFENCES TOTALITY OF SENTENCE

June 6, 2007

An order under the Powers of Criminal Courts (Sentencing) Act 2000 s.86 extending the licence period of a sentence until the end of the full length of the custodial term should not have been made where the psychiatric evidence was that the offender, who had been convicted several years after he committed the offence, was no longer a danger to the public.

ATTEMPTS BREAKING INTO VICTIM’S FLAT CRIMINAL JUSTICE ACT 1991 s.32(6) EXTENDED LICENCE PERIOD LICENCE PERIODS POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 RAPE RISK OF REOFFENDING s.85 SENTENCING SEXUAL OFFENCES

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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