Certain conditions of a sexual harm prevention order imposed on an offender who had committed sexual offences against children, which restricted his use of computers, mobile phones with internet access and remote storage, were quashed as they were disproportionate, unenforceable and did not give effect to the statutory purpose.
CHILD SEX OFFENCES CLOUD COMPUTING INFORMATION TECHNOLOGY INTERNET MEETING CHILDREN FOLLOWING SEXUAL GROOMING OPPRESSION PENOLOGY AND CRIMINOLOGY PROPORTIONALITY SENTENCING SENTENCING POWERS SEXUAL GROOMING SEXUAL HARM PREVENTION ORDERS VICTIM SURCHARGE
A total sentence of 16 years’ imprisonment was increased to 20 years where a judge had been wrongly advised that his sentencing powers in relation to offences of buggery committed when the offender was under 18 were limited to 12 months’ imprisonment.
BUGGERY CHILDREN AND YOUNG PERSONS ACT 1933 s.53 CRIMINAL JUSTICE ACT 1982 s.6 FAMILIAL CHILD SEX OFFENCES HISTORICAL OFFENCES s.53(2) s.7 SENTENCING SENTENCING GUIDELINES SENTENCING POWERS TOTALITY OF SENTENCE UNDUE LENIENCY VICTIM IMPACT
A sentencing judge had no jurisdiction to vary a sentence once the time period in the Powers of Criminal Courts (Sentencing) Act 2000 s.155 had expired. The case of R. v Saville (Peter Davies) [1981] Q.B. 12 provided no authority to the contrary.
CHILD SEX OFFENCES DANGEROUSNESS EXPIRY OF 56-DAY TIME LIMIT UNDER S.155 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 EXTENDED SENTENCES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.155 SENTENCING SENTENCING GUIDELINES SENTENCING POWERS UNLAWFUL SENTENCES VARIATION OF SENTENCE
A sentence of 20 years’ imprisonment was appropriate in the case of a senior police officer who had been convicted of a number of sexual offences against his wife and teenage boys. In a case of this nature, where the offending spanned a long period of time and where there had been significant changes in the legislation, Crown counsel should ensure that assistance was given to the judge in relation to his sentencing powers.
BARRISTERS’ POWERS AND DUTIES COUNSEL’S DUTY TO ASSIST JUDGE IN RELATION TO SENTENCING POWERS HEARINGS IN OPEN COURT INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN LIFE IMPRISONMENT RAPE SENTENCE LENGTH SENTENCING SENTENCING POWERS SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL OFFENCES TAKING PLACE OVER LONG PERIOD OF TIME
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
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
The court determined the correct approach to sentencing in respect of sexual offences committed many years ago but only recently brought to conviction.
APPROACH TO SENTENCING SEXUAL OFFENCES COMMITTED MANY YEARS AGO BUT ONLY RECENTLY BROUGHT TO CONVICTION art.7(1) DATE OF OFFENCE DELAY EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 HUMAN RIGHTS RETROSPECTIVE PENALTIES SENTENCING SENTENCING GUIDELINES SENTENCING POWERS SEXUAL OFFENCES
A community order with a requirement to attend a sex offender’s programme and attend probation appointments for three years imposed on a 72-year-old offender who had pleaded guilty to six offences of indecent assault on females under 13, which had taken place up to 40 years previously, was not unduly lenient and a non-custodial sentence was in the proper range of sentences available to the judge who had exercised extreme caution in assessing the circumstances of the case.
AGE APPROACH TO SENTENCING EXERCISE CHILDREN CUSTODIAL SENTENCES INDECENT ASSAULT MITIGATION SENTENCING SENTENCING POWERS SEXUAL OFFENCES UNDUE LENIENCY VERY OLD OFFENCES AGAINST CHILDREN
A finding that a defendant did not pose a risk of serious harm to the public within the meaning of the Criminal Justice Act 2003 s.229 did not preclude the court from imposing a sexual offences prevention order under the Sexual Offences Act 2003 s.104 on that defendant.
CRIMINAL JUSTICE ACT 2003 s.229 EFFECT OF FINDING OF ABSENCE OF RISK OF SERIOUS HARM UNDER S.229 CRIMINAL JUSTICE ACT 2003 JURISDICTION RISK OF REOFFENDING s.104(1) s.106(3) s.224(3) s.225 Sch.3 SENTENCING SENTENCING POWERS SEXUAL ASSAULT SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS
The court considered the proper method of sentencing where sample offences were charged and it was alleged that there had been multiple offending by the defendant.
APPROPRIATE SENTENCES FOR MULTIPLE OFFENCES CONTINUOUS OFFENCES CRIMINAL DAMAGE CRIMINAL PROCEDURE DUPLICITY INDICTMENTS MANIFESTLY EXCESSIVE SENTENCES MULTIPLE OFFENCES MULTIPLE OFFENDING POSSESSION OF EXPLOSIVES WITH INTENT POSSESSION OF FIREARMS WITH INTENT RACIALLY AGGRAVATED OFFENCES REPETITIOUS OFFENDING SENTENCE LENGTH SENTENCING SENTENCING POWERS SEPARATE COUNTS SEXUAL ASSAULT SEXUAL OFFENCES SINGLE OFFENCES SPECIMEN CHARGES TAKING OFFENCES INTO CONSIDERATION