It was impermissible for the Crown to prosecute a charge of indecent assault under the Sexual Offences Act 1956 s.14(1) in circumstances where the conduct upon which that charge was based was only an act of unlawful sexual intercourse with a girl aged under 16 in respect of which no prosecution could be commenced under s.6(1) of the Act by virtue of s.37(2) of, and Sch.2 to, that Act.
ABUSE OF PROCESS ALTERNATIVE PROSECUTION FOR INDECENT ASSAULT IMPERMISSIBLE AVOIDANCE OF STATUTORY TIME BAR FOR PROSECUTION OF OFFENCE CHILD SEX OFFENCES CHILDREN CRIMINAL PROCEDURE CROWN PROSECUTION DELAYED COMPLAINTS INDECENT ASSAULT LIMITATION PERIODS LIMITATIONS MINORS POLICIES PROSECUTION OF DIFFERENT CHARGE IN RELIANCE ON SAME CRIMINAL CONDUCT PROSECUTIONS s.10 s.14 S.14(1) SEXUAL OFFENCES ACT 1956 s.37 S.37 SEXUAL OFFENCES ACT 1956 s.37(1) s.37(1)(2) s.37(2) s.4 s.44 s.5 s.5(1) s.6 s.6(1) S.6(1) SEXUAL OFFENCES ACT 1956 s.7 Sch.2 para.10(a) SCH.2 SEXUAL OFFENCES ACT 1956 SEXUAL ACTIVITY WITH CHILDREN SEXUAL INTERCOURSE WITH GIRL UNDER 16 SEXUAL OFFENCES ACT 1956 s.14(1) TIME BARS TIME LIMIT FOR CHARGE OF UNLAWFUL SEXUAL INTERCOURSE EXPIRED ULTRA VIRES