Where a defendant had taken indecent photographs of a 17-year-old girl following intercourse on a “one night stand”, the judge had been correct to reject an argument that the situation came within the terms of the defence set out in the Protection of Children Act 1978 s.1A.
AGE art.10 art.6 CONSENT CRIMINAL LAW DEFENCES EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS INCIDENT OCCURRING ON “ONE NIGHT STAND” INDECENT PHOTOGRAPHS OF CHILDREN PROTECTION OF CHILDREN ACT 1978 s.1(1)(a) RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.1 s.1(1) s.1(1)(b) s.13 s.1A s.1A(1) s.1A(4) s.76 WHETHER SITUATION CAME WITHIN S.1A PROTECTION OF CHILDREN ACT 1978
Where the convictions of two men for unconnected sexual offences involving the same victim had been quashed, but only one of the men was paid compensation under the Criminal Justice Act 1988 s.133, the secretary of state had not acted illegally or irrationally in his application of developing case law. The court surveyed the meaning of “miscarriage of justice” in s.133 of the Act in the light of those cases.
COMPENSATION CRIMINAL CASES REVIEW COMMISSION CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 1988 s.133 CRIMINAL LAW CRIMINAL PROCEDURE FRESH EVIDENCE INDECENCY INDECENT ASSAULT MEANING OF “MISCARRIAGE OF JUSTICE” IN S.133 CRIMINAL JUSTICE ACT 1988 MISCARRIAGE OF JUSTICE s.13 s.133(1) WRONGFUL CONVICTIONS
It was compatible with a child’s rights under the European Convention on Human Rights 1950 art.8 to convict him of rape contrary to the Sexual Offences Act 2003 s.5 in circumstances where the agreed basis of plea established that his offence also fell properly within the ambit of s.13.
art.6(2) art.8 BASIS OF PLEA CHILD SEX OFFENCES CONDUCT FALLING WITHIN AMBIT OF S.5 AND S.13 SEXUAL OFFENCES ACT 2003 CRIMINAL CHARGES CRIMINAL LAW CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6(1) HUMAN RIGHTS JUSTIFICATION LAWFULNESS OF PROSECUTOR’S DECISION TO PROSECUTE UNDER S.5 Part 2 PRESUMPTION OF INNOCENCE PROPORTIONALITY RAPE RIGHT TO FAIR TRIAL RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.13 s.9 s.9(1)(c)(ii) Sch.1 Sch.3 SEXUAL OFFENCES ACT 2003 s.5 STRICT LIABILITY YOUNG OFFENDERS
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
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