A judge had not erred in imposing a sentence of imprisonment for public protection on an offender following his guilty pleas to a number of sexual assaults of children under 13. The imposition of an extended sentence, coupled with a sexual offences prevention order, would not have enabled an assessment to be made before release of the success or otherwise of any sex offender programme or other work undertaken in reducing the risk the offender presented.
APPROPRIATENESS OF IMPRISONMENT FOR PUBLIC PROTECTION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 CRIMINAL JUSTICE AND IMMIGRATION ACT 2008 EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN RISK ASSESSMENT s.225 s.227 SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13
The imposition of a sentence of imprisonment for public protection with a minimum term of four-and-a-half years following an offender’s conviction for rape and kidnapping could not be faulted, notwithstanding the judge’s failure to set out her reasons for rejecting an extended sentence in her sentencing remarks. An extended sentence had undoubtedly been discussed at the relevant time, and the offender, who posed a serious risk to vulnerable women, was unlikely to comply with the licence conditions under the extended sentence regime.
APPROPRIATENESS OF SENTENCE OF IMPRISONMENT FOR PUBLIC PROTECTION CRIMINAL JUSTICE ACT 2003 Pt 12 DANGEROUS OFFENDER POSING SERIOUS RISK TO VULNERABLE WOMEN DANGEROUSNESS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION JUDGE FAILING TO SET OUT REASONS FOR REJECTING IMPOSITION OF EXTENDED SENTENCE IN SENTENCING REMARKS KIDNAPPING Pt 12 s.225 Pt 12 s.226 RAPE s.227 s.228 SENTENCING
A total sentence of five years’ imprisonment imposed for two sexual assaults was manifestly excessive and was reduced to three years. The judge had been entitled to find that the aggravating features moved the offences out of the third category in the definitive guideline for sexual assault, but he had erred in passing a sentence on one count which was at the starting point of the first category.
AGGRAVATING FEATURES CONSECUTIVE SENTENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUS OFFENDER PROVISIONS NOT APPLICABLE DANGEROUS OFFENDERS JUDGE ERRING IN CALCULATION OF SENTENCE WITH REGARD TO AGGRAVATING FEATURES Pt 12 s.227 s.225 s.227 s.240 SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT
A sentence of imprisonment for public protection with a minimum term of two years was appropriate in the case of an adult male who had pleaded guilty to attempting to foster an inappropriate relationship with an 11-year-old girl over internet.
ADULT MALE ATTEMPTING TO FOSTER INAPPROPRIATE RELATIONSHIP WITH 11-YEAR-OLD GIRL OVER INTERNET APPROPRIATE MINIMUM TERM ATTEMPTS CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 Pt 12 s.229(3) ENGAGING IN SEXUAL ACTIVITY IN PRESENCE OF CHILDREN IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN MINIMUM TERM s.160(1) s.227 s.229(3) SENTENCE LENGTH SENTENCING
An offence of sexual assault, although a bad offence within its category, did not justify the imposition of an extended sentence. A sentence of two years’ imprisonment was substituted.
CRIMINAL JUSTICE ACT 2003 Sch.15A DRAFTING EXTENDED SENTENCES RESIDENT OF CARE HOME CARRYING OUT VIOLENT SEXUAL ATTACK ON SOCIAL SERVICES MANAGER s.227 s.227(2) s.227(2)(a) SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS
The court considered and gave guidance on the principles applicable to the new mandatory sentencing provisions for the protection of the public from dangerous offenders contained in Criminal Justice Act 2003 s.224 to s.229 and the factors that judges should take into account when deciding whether one of the new sentences must be imposed.
CRIMINAL JUSTICE ACT 2003 CRIMINAL JUSTICE ACT 2003 s.143(3) CRIMINAL LAW DANGEROUS OFFENDERS LIFE IMPRISONMENT MANDATORY SENTENCING PROVISIONS UNDER S.224 TO S.229 CRIMINAL JUSTICE ACT 2003 MANDATORY SENTENCING PROVISIONS UNDER THE CRIMINAL JUSTICE ACT 2003 S.224 TO S.229 para.38(b) para.4 Parts POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A PUBLIC PROTECTION RISK OF REOFFENDING s.143(1) s.143(2) s.153(2) s.174(1)(a) s.189 s.224 S.224 CRIMINAL JUSTICE ACT 2003 s.224(2)(b) s.224(3) s.225 s.225(1) s.225(2) s.225(2)(b) s.225(3) s.225(4) s.226 s.226(1) s.226(2) s.226(2)(b) s.227 s.227(2) s.227(2)(b) s.227(3)(b) s.227(4) s.228 s.229 S.229 CRIMINAL JUSTICE ACT 2003 s.229(2) s.229(3) s.240 s.3 s.5 S.82A POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) s.82A(4A) s.85 s.96 SCH.15 CRIMINAL JUSTICE ACT 2003 Sch.18 para.4 Sch.32 para.38(b) SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SPECIFIED OFFENCES VIOLENT OFFENCES
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