A district judge had failed to appreciate when deciding to retain jurisdiction to prosecute a young offender in the youth court for child sex offences that an amendment to the Powers of Criminal Courts (Sentencing) Act 2000 s.3B introduced by the Criminal Justice and Courts Act 2015 s.53 was not in force when he made his decision.
ADMINISTRATION OF JUSTICE CHILD SEX OFFENCES COMMITTAL FOR TRIAL CRIME AND DISORDER ACT 1998 s.51A CRIMINAL JUSTICE AND COURTS ACT 2015 s.53 CRIMINAL LAW CRIMINAL PROCEDURE JURISDICTION MODE OF TRIAL POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.91(1) RAPE OF CHILD UNDER 13 RELIANCE ON AMENDMENT TO COMMITTAL FOR SENTENCE PROCEDURE NOT YET IN FORCE RETENTION OF JURISDICTION IN ERROR s.31 s.3B s.3B(1) s.3C s.51A(3) s.5A(1) s.6 s.91 s.91(3) YOUNG OFFENDERS YOUTH COURTS
A person subject to the notification requirements of the Sexual Offences Act 2003 who wished to challenge a decision of a magistrates’ court to uphold a refusal to review the notification requirements should bring an appeal by way of case stated rather than pursue an application for judicial review.
APPEAL BY WAY OF CASE STATED RATHER THAN JUDICIAL REVIEW BURDEN OF PROOF CASE STATED CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 JUDICIAL REVIEW MAGISTRATES’ COURT UPHOLDING REFUSAL OF CHIEF CONSTABLE TO REVIEW REQUIREMENTS IMPOSED UNDER SEXUAL OFFENCES ACT 2003 NOTIFICATION REQUIREMENTS PROPORTIONALITY Pt 2 REVIEWS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.81(1) s.83 s.86 s.91 s.91(1)(b) s.91B s.91B(11)(b) s.91B(2) s.91B(4) s.91C s.91C(2) s.91D s.91D(1) s.91D(1)(b) s.91D(2) s.91E s.91F Sch.3 Sch.5 SEX OFFENDERS SEXUAL OFFENCES ACT 2003 s.91A STANDARD OF PROOF
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
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
It had not been reasonably open to a district judge to exercise his power of committal to the Crown Court for sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.3C in respect of an 11-year-old boy who had pleaded guilty to child sex offences. Having accepted jurisdiction prior to the guilty pleas, further information put before the court regarding the offender’s background and risk of reoffending was not sufficient to change the initial assessment of seriousness and risk.
CHILD SEX OFFENCES CHILD SEX OFFENCES COMMITTED BY 11-YEAR-OLD COMMITTAL FOR SENTENCE CRIMINAL JUSTICE ACT 2003 Pt 12 s.226(3) CRIMINAL PROCEDURE DANGEROUSNESS JURISDICTION JURISDICTION INITIALLY ACCEPTED BY YOUTH COURT LAWFULNESS OF SUBSEQUENT COMMITTAL TO CROWN COURT FOR SENTENCE UNDER S.3C POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 LEGITIMATE EXPECTATION MAGISTRATES’ COURTS ACT 1980 s.24(1) POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.3C s.228 s.228(2) s.228(2A) s.3C(2) s.7 s.91 SENTENCING SENTENCING POWERS SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS YOUTH COURTS
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
Despite a substantial delay in applying for judicial review, it was in the public interest to quash a court’s decision purporting to lift a sexual offender’s notification requirements. The court lacked power to make that order, and the grant of relief upheld the rule of law and ensured that all applications to life notification requirements were dealt with under the same procedure.
ABSENCE OF JURISDICTION ADMINISTRATIVE LAW COURT LIFTING NOTIFICATION REQUIREMENTS IMPOSED ON SEXUAL OFFENDER WITHOUT HAVING POWER TO DO SO DELAY EFFECT OF SUBSTANTIAL DELAY IN BRINGING JUDICIAL REVIEW CLAIM JUDGMENTS AND ORDERS JUDICIAL REVIEW NOTIFICATION REQUIREMENTS PENOLOGY AND CRIMINOLOGY Pt 1 PUBLIC INTEREST RULE OF LAW s.104(1) s.109(3) s.81 s.81(1) s.81(3) s.82(1) s.91 s.91A s.91A(1) s.91B s.91B(1) s.91B(2)(a) s.91B(8)(b) s.91C s.91D(2) s.91E Sch.3 SENTENCING SEX OFFENDERS ACT 1997 s.1 SEXUAL OFFENCES ACT 2003 s.80
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
There was no power to add an extended sentence to a detention and training order under the Powers of Criminal Courts (Sentencing) Act 2000 s.85 .
ADDITION OF EXTENDED PERIOD OF LICENCE TO DETENTION AND TRAINING ORDERS CRIMINAL JUSTICE ACT 1991 CRIMINAL JUSTICE ACT 1991 s.39(2) DETENTION AND TRAINING ORDERS EXTENDED LICENCE PERIODS EXTENDED SENTENCES EXTENSION PERIODS INDECENCY INDECENCY WITH A CHILD INDECENCY WITH CHILD POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85 s.101 s.101(5) S.101(5) POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.102 s.103 s.103(1) s.105 s.106 s.33 s.39 S.39(2) CRIMINAL JUSTICE ACT 1991 s.43(3) s.44(3) s.76 S.85 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85(1) s.85(1)(b) s.85(2) s.85(5) s.91 SENTENCING SENTENCING POWERS SEXUAL OFFENCES UNLAWFUL SENTENCES
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