A European arrest warrant had sufficiently particularised a convicted requested person’s involvement in a conspiracy to traffic women into prostitution in Italy, the demands in respect of conviction warrants being less onerous than those in relation to accusation warrants. An ECHR art.3 argument based on Italian prison conditions had been foreclosed by the decision in Elashmawy v Italy [2015] EWHC 28 (Admin).
CONSPIRACY CONVICTIONS EUROPEAN ARREST WARRANTS EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.3 EXTRADITION EXTRADITION OFFENCES HUMAN RIGHTS INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT PARTICULARS PRISON CONDITIONS s.22 s.30 s.30(2) SEXUAL OFFENCES ACT 1956 s.10
On the first occasion that the Court of Appeal considered the application of the revised Sexual Offences Definitive Guideline, effective from 1 April 2014, to offences under the Sexual Offences Act 2003 s.30, it considered how to approach a case of multiple offending.
s.30 s.30(2) s.31(1) SENTENCING SEXUAL OFFENCES ACT 2003 s.30(1) SEXUAL OFFENCES AGAINST MENTALLY DISORDERED PERSONS UNDUE LENIENCY
The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.
ASSESSMENT OF COMPLAINANT’S MENTAL CAPACITY BURDEN OF PROOF CONSENT CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE (INSANITY) ACT 1964 s.4A EXPERT WITNESSES MENTAL CAPACITY MENTAL CAPACITY ACT 2005 s.2 MENTAL HEALTH PERSONS LACKING CAPACITY s.1 s.1(2) s.2(1) s.2(4) s.30 s.30(2)(a) s.31 s.31(2)(a) s.32 s.32(2)(a) s.33 s.33(2)(a) s.4 s.4(5) s.42 s.44 s.74 s.75 s.76 SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.3 SEXUAL OFFENCES INVOLVING PROOF OF LACK OF CONSENT STANDARD OF PROOF
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