An application for a writ of habeas corpus by a prisoner who had been sentenced to imprisonment for public protection when his offence pre-dated the coming into force of the Criminal Justice Act 2003 failed. The sentencing judge had had competent jurisdiction to direct both imprisonment and a minimum term. Her order could not, therefore, be ignored as a suspected nullity; it had to be obeyed unless and until it was set aside on appeal.
ABSENCE OF JURISDICTION CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 CRIMINAL PROCEDURE HABEAS CORPUS IMPRISONMENT FOR PUBLIC PROTECTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.80 PRISON GOVERNORS RAPE OF CHILD UNDER 13 RELEASE ON LICENCE s.225 s.85 SENTENCING UNLAWFUL SENTENCES
Magistrates had erred in dismissing the appeal of a convicted sex offender against a decision of a detective, acting on behalf of the chief constable, not to end the offender’s notification requirements.
CARLTONA PRINCIPLE CHIEF CONSTABLES CRIMINAL PROCEDURE DELEGATED POWERS DELEGATION DELEGATION OF CHIEF CONSTABLE’S DUTY NOTIFICATION REQUIREMENTS POLICE Pt 3 REVIEW OF NOTIFICATION REQUIREMENTS UNDER SEXUAL OFFENCES ACT 2003 S.91B s.1(3)(b) s.104(1) s.109(3) s.14 s.2 s.2(1) s.2(3) s.2(4) s.3 s.8 s.80(1) s.81(1) s.81(3)(c) s.83 s.83(5) s.83(5)(h) s.85 s.85(1) s.86 s.87 s.88A s.91 s.91A s.91A(1) s.91A(2) s.91A(4) s.91A(5) s.91B s.91B(1) s.91B(11)(b) s.91B(2) s.91B(2)(b) s.91B(4) s.91B(8)(b) s.91B(9) s.91C s.91C(1) s.91C(2) s.91C(3)(a) s.91C(4) s.91D s.91D(1) s.91D(1)(b) s.91D(1)(c) s.91D(2) s.91D(2)(a) s.91E s.91E(1) s.91E(2) s.91E(4) s.91F s.96B s.96B(1)(a) s.97(5) Sch.3 Sch.5 SEX OFFENDERS SEX OFFENDERS ACT 1997 s.1 SEXUAL OFFENCES ACT 2003 Pt 2 STATUTORY POWERS
In calculating the time to be served pursuant to an order under the Powers of Criminal Courts (Sentencing) Act 2000 s.116, justice required account to be taken of time spent in prison between recall to custody to serve the balance of a licence period for a previous offence and sentencing for a new offence committed while on licence.
CHILD SEX OFFENCES CREDIT FOR TIME SERVED EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN OFFENDING ON LICENCE ORDER UNDER S.116 POWERS OF THE CRIMINAL COURTS (SENTENCING) ACT 2000 PERIOD BETWEEN RECALL TO CUSTODY AND SENTENCING FOR NEW OFFENCE POSSESSION OF EXTREME PORNOGRAPHIC IMAGES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.116 RETURN TO CUSTODY s.116(1) s.116(2) s.116(2)(a) s.116(6)(b) s.85 s.85(1) SENTENCE LENGTH SENTENCING SENTENCING POWERS
A discretionary life sentence imposed under the Powers of Criminal Courts (Sentencing) Act 2000 for assault on a child under 13 by penetration was not excessive. The offender was a predatory paedophile with previous convictions for sexual offences against children and the offence was of sufficient seriousness to warrant life imprisonment.
ASSAULT OF CHILD UNDER 13 BY PENETRATION CHILD SEX OFFENCES DANGEROUS OFFENDERS DISCRETIONARY LIFE IMPRISONMENT DISCRETIONARY LIFE SENTENCE OFFENCES OCCURRING IN 2004/2005 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.76 s.82(2)(b) s.85 s.91 SENTENCING SENTENCING GUIDELINES SERIOUSNESS OF OFFENCE SERIOUSNESS OF OFFENCE AND DANGEROUSNESS OF OFFENDER SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT OF CHILD UNDER 13
The Powers of Criminal Courts (Sentencing) Act 2000 s.86 applied to the totality of a sentence even where part of the overall sentence imposed was in respect of sexual offences committed after September 30, 1998.
1998 APPLICATION OF S.86 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 EFFECT OF JUDGE’S INACCURATE EXPLANATION OF ORDER UNDER S.86 JUDICIAL COMMENT LICENCE PERIODS PAROLE POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 REHABILITATION s.85 s.86(1) s.86(1)(a) SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES COMMITTED BEFORE AND AFTER SEPTEMBER 30
The Sexual Offences Act 2003 s.82 was incompatible with the European Convention on Human Rights 1950 art.8 in subjecting certain sex offenders to notification requirements indefinitely without the opportunity for review. As a matter of principle, an offender was entitled to have the question of whether the notification requirements continued to serve a legitimate purpose determined on a review.
ABSENCE OF RIGHT OF REVIEW Art.1 art.2 art.27 Art.27(2) Art.4 Art.4(1) Art.4(2) Art.4(3) COMPATIBILITY OF S.82 SEXUAL OFFENCES ACT 2003 WITH ART.8 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 DECLARATIONS OF INCOMPATIBILITY DIRECTIVE 2004/38 ON FREE MOVEMENT FOR EU CITIZENS AND THEIR FAMILIES 2004 art.4 DIRECTIVE 73/148 ON THE ABOLITION OF RESTRICTIONS OF MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY 1973 art.1 EC LAW EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 EUROPEAN UNION FOREIGN TRAVEL HUMAN RIGHTS NOTIFICATION REQUIREMENTS Part 2 PENOLOGY AND CRIMINOLOGY PROPORTIONALITY Pt 2 RESTRICTIONS REVIEWS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE RISK OF REOFFENDING s.108 s.114 s.118 s.125 s.5A s.81 s.82(1) s.82(2) s.82(6) s.83 s.83(1) s.83(1)(c) s.83(5) s.83(5A) s.83(6) s.84 s.84(1) s.84(2) s.85 s.85(2) s.85(2)(b) s.86 s.86(1) s.86(2) s.86(2)(a) s.86(3) s.87(1) s.87(4) s.91 s.91(1) s.91(1)(a) s.91(2) Sch.3 SENTENCING SEX OFFENDERS SEXUAL OFFENCES ACT 2003 s.82 YOUNG OFFENDERS
An offence of possessing an indecent photograph of a child contrary to the Criminal Justice Act 1988 s.160 was not a “sexual offence” within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 s.85(1)(a) and an extended sentence of imprisonment could not, therefore, be imposed in respect of it.
CRIMINAL JUSTICE ACT 1988 s.160 EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN LAWFULNESS OF EXTENDED SENTENCE OFFENCE OF POSSESSING INDECENT PHOTOGRAPHS OF CHILDREN POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85(1)(a) s.160(1) s.161 s.85 SENTENCING
Sentences of four and two years’ imprisonment were appropriate in the case of a husband and wife who had involved two 14-year-old girls in sexual activity.
ABUSE OF POSITION OF TRUST CAUSING A CHILD TO WATCH A SEXUAL ACT CHILD SEX OFFENCES EXTENDED SENTENCES HUSBAND AND WIFE INVOLVING 14-YEAR-OLD GIRLS IN SEXUAL ACTIVITY INCITING A CHILD TO ENGAGE IN SEXUAL ACTIVITY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85(1)(b) s.85 SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL GROOMING
An order under the Powers of Criminal Courts (Sentencing) Act 2000 s.86 extending the licence period of a sentence until the end of the full length of the custodial term should not have been made where the psychiatric evidence was that the offender, who had been convicted several years after he committed the offence, was no longer a danger to the public.
ATTEMPTS BREAKING INTO VICTIM’S FLAT CRIMINAL JUSTICE ACT 1991 s.32(6) EXTENDED LICENCE PERIOD LICENCE PERIODS POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 RAPE RISK OF REOFFENDING s.85 SENTENCING SEXUAL OFFENCES
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