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Top Criminal Barrister QC and Leading Rape Defence Counsel

s.5(1)

July 30, 2015

A magistrates’ court had erred in ordering a chief constable to pay a respondent’s costs after he had withdrawn his application for a sexual offences prevention order. The chief constable had not acted dishonestly or unreasonably in bringing the application and so the appropriate order was no order as to costs. In contradistinction to a normal civil case, in which there was a strong presumption that the discontinuing party would pay the other party’s costs, when a regulatory function was being exercised, a costs order would generally only be made on a withdrawal if the regulator’s conduct justified it, for example, if no order for costs would result in substantial hardship for the other party, or if the regulatory function was exercised in bad faith or unreasonably.

APPROPRIATE ORDER CIVIL PROCEDURE RULES 1998 COSTS COURTS ACT 1971 s.52 CPR r.38.6 CRIMINAL PROCEDURE DEFENDANTS’ COSTS ORDERS MAGISTRATES’ COURTS ACT 1980 s.64 s.104(5)(b) s.106(5) s.5(1) SEXUAL OFFENCES ACT 2003 s.104(5) SEXUAL OFFENCES PREVENTION ORDERS WITHDRAWAL WITHDRAWN APPLICATION FOR SEXUAL OFFENCES PREVENTION ORDER

October 14, 2004

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

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS