PERMISSION TO APPEAL

February 16, 2018

Where an offender had distributed an indecent photograph of a girl under the age of 18 contrary to the Protection of Children Act 1978 s.1(1)(b), but it was unclear if the girl was under 16, a notification requirement should not have been imposed on him. He had not been convicted of an offence listed within the Sexual Offences Act 2003 Sch.3, which was necessary to impose a notification requirement. There was a clear discrepancy between those provisions, and the court would have to be alive to that discrepancy when discharging its duty under the Criminal Procedure Rules and, if necessary, decide whether a child’s exact age could be resolved.

CRIMINAL PROCEDURE GUILTY PLEAS INDECENT PHOTOGRAPHS OF CHILDREN NOTIFICATION REQUIREMENTS PERMISSION TO APPEAL SEX OFFENDERS REGISTER

June 21, 2012

Where a defendant facing charges of sexual offences against young boys had denied being homosexual, but the prosecution had adduced evidence tending to show his homosexual disposition, there was a real risk that the jury might have drawn an inference that that evidence alone tended to show that he also had a propensity to abuse young boys. It was at least arguable that the judge should have warned the jury in strong terms not to draw such an inference.

ADMISSIBILITY CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL PROCEDURE EVIDENCE OF HOMOSEXUAL DISPOSITION HOMOSEXUALITY INFERENCES JURIES JURY DIRECTIONS PERMISSION TO APPEAL PREJUDICE RISK OF JURY DRAWING DISCRIMINATORY INFERENCE REGARDING PROPENSITY TO ABUSE YOUNG BOYS SEXUAL OFFENCES

July 31, 2007

In change of law cases it was not open to the Criminal Cases Review Commission lawfully to apply a policy that it was under no obligation to have regard to the practice of the Court of Appeal Criminal Division and accordingly just as the court would not normally extend time in such cases, a conviction should not normally be referred on the basis of a change of law.

ADDED COUNTS ALTERNATIVE CHARGES CHANGE OF LAW CASES COURT OF APPEAL CRIMINAL DIVISION CRIMINAL APPEALS CRIMINAL CASES REVIEW COMMISSION CRIMINAL LAW CRIMINAL PROCEDURE EXTENSIONS OF TIME INDECENT ASSAULT PERMISSION TO APPEAL POLICY IN CHANGE OF LAW CASES PRACTICE PRACTICE OF COURT OF APPEAL RAPE SEXUAL ACTIVITY WITH CHILDREN SUBSTANTIAL INJUSTICE TIME LIMITS UNLAWFUL SEXUAL INTERCOURSE

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