A judge had been wrong to commit a child for trial in the Crown Court for a sexual offence because, taking into account the child’s previous good character and the fact that he was 11 years old at the time of the offence, there was no real prospect that the Crown Court would exercise its powers under the Powers of Criminal Courts (Sentencing) Act 2000 s.91 to impose a custodial sentence.
11=YEAR-OLD CHARGED WITH CAUSING OR INCITING CHILD UNDER 13 TO ENGAGE IN SEXUAL ACTIVITY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN COMMITTAL FOR TRIAL CRIMINAL PROCEDURE CROWN COURT CUSTODIAL SENTENCES JURISDICTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.91(3) s.5(1)(a) s.83 s.91 SENTENCING SEXUAL OFFENCES ACT 2003 s.8 YOUTH COURTS
In determining under the Criminal Procedure (Insanity) Act 1964 s.4A(2) whether a defendant, who was unfit to stand trial, was guilty of voyeurism the jury had to be satisfied that he had deliberately observed another person doing a private act for the purpose of his own sexual gratification.
ACTUS REUS AUTISTIC OFFENDER UNFIT TO PLEAD OR STAND TRIAL CRIMINAL LAW CRIMINAL PROCEDURE CRIMINAL PROCEDURE (INSANITY) ACT 1964 s.4A(2) ELEMENTS OF OFFENCE TO BE PROVEN FOR PURPOSE OF S.4A(2) CRIMINAL PROCEDURE (INSANITY) ACT 1964 FITNESS TO PLEAD INSANITY MENTAL HEALTH Pt 2 s.104 s.104(1) s.104(1)(a) s.104(1)(b) s.104(3)(b) s.110(1)(b) s.2(1) s.3 s.4 s.4(5) s.4(5)(6) s.4A s.5 s.5(1)(a) s.5(2)(b) s.67 s.67(1)(b) s.68(1) s.68(1)(a) s.80(1)(c) s.82 Sch.3 SEXUAL OFFENCES ACT 2003 s.67(1) TRIAL OF LUNATICS ACT 1883 s.2 VOYEURISM