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.
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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
A sentence of two years’ detention was not appropriate in the case of a 14-year-old boy who had committed sexual offences against his eight-year-old cousin; the evidence showed that he did not pose a real risk to others and a custodial sentence would not be in the interests of his welfare. A supervision order for a term of three years was imposed instead.
14-YEAR-OLD CONVICTED OF SEXUAL OFFENCES COMMITTED AGAINST YOUNG COUSIN APPROPRIATENESS OF SENTENCE OF DETENTION CHILD SEX OFFENCES CHILDREN AND YOUNG PERSONS ACT 1933 s.44(1) CHILDREN’S WELFARE CRIME AND DISORDER ACT 1998 s.37(1) CUSTODIAL SENTENCES DETENTION PREVENTIVE JUSTICE RAPE s.37 s.44 SENTENCING SUPERVISION ORDERS YOUNG OFFENDERS
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
An order for an extended licence under s.86 Powers of the Criminal Courts (Sentencing) Act 2000 was preventive not punitive, and the addition of such an order to a sentence of imprisonment for an offence committed before 1 October 1991 did not violate Art.7 European Convention on Human Rights.
ART.7 COMMITTED BEFORE 30 SEPTEMBER 1998 CRIMINAL JUSTICE ACT 1991 s.1(2)(b) CRIMINAL LAW CRIMINAL PROCEDURE CUSTODIAL SENTENCES DECISIONS PER INCURIAM EARLY RELEASE ECHR EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS EXTENDED SENTENCES EXTENSIONS HUMAN RIGHTS INDECENT ASSAULT LEGALITY LICENCES NATURE OF ORDER EXTENDING LICENCE PERIOD NO PUNISHMENT WITHOUT LAW OFFENCES COMMITTED PRIOR TO COMMENCEMENT OF CRIMINAL JUSTICE ACT 1991 Part 2 PENALTIES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 PREVENTIVE PUNISHMENT RETROSPECTIVE LEGISLATION RETROSPECTIVE PENALTY s.3 s.32(6)(a) s.33(1) s.33(3) s.37(1) s.38 s.44 s.85 S.86 POWERS OF THE CRIMINAL COURTS (SENTENCING) ACT 2000 SENTENCING SEXUAL OFFENCES SHORT TERM PRISONERS