In a trial in which the defendant was charged with sexual offences, the judge had been wrong to admit “bad character” evidence suggesting that the defendant was a voyeur.
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In a trial in which the defendant was charged with sexual offences, the judge had been wrong to admit “bad character” evidence suggesting that the defendant was a voyeur.
ADMISSIBILITY BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(c) DEFENDANT CHARGED WITH SEXUAL OFFENCES PROPRIETY OF DECISION TO ADMIT EVIDENCE OF ALLEGED VOYEURISTIC CONDUCT s.101(1) s.101(1)(d) s.101(3) s.102 s.103(1) s.103(1)(a) s.103(3) s.112(1)
The judge had been wrong to admit documents, prepared by police officers, giving details of methods used in the commission of offences of which the appellant had been previously convicted, but the appellant’s convictions for the instant offences were nevertheless safe. It was important that the formal procedures referred to in R. v Hanson (Nicky) (2005) EWCA Crim 824 , (2005) 1 W.L.R. 3169 were followed.
ADMISSIBILITY ADMISSIBILITY OF INFORMATION ABOUT OFFENCES RETRIEVED FROM POLICE COMPUTER SYSTEM AGREEMENTS AS TO RELEVANT CIRCUMSTANCES OF PREVIOUS CONVICTIONS CASE MANAGEMENT COMPLAINANTS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.117 CRIMINAL LAW METHODS USED POLICE AND CRIMINAL EVIDENCE ACT 1984 POLICE AND CRIMINAL EVIDENCE ACT 1984 s.73 PREVIOUS CONVICTIONS PROPENSITY RELEVANT SEXUAL OFFENCES REQUIREMENT FOR STATEMENT BY PREVIOUS COMPLAINANT OF SEXUAL OFFENCE s.101 s.101(1)(d) s.101(d) s.103 s.103(1) s.103(1)(a) s.114(1) s.116(2) S.116(2) CRIMINAL JUSTICE ACT 2003 S.117 CRIMINAL JUSTICE ACT 2003 s.117(1) s.117(1)(a) s.2(b) SEXUAL ASSAULTS SEXUAL OFFENCES VICTIMS WITNESS STATEMENTS
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