Despite inadmissible opinion evidence from prosecution witnesses having been adduced before the jury, convictions for sexual assault and assault by penetration were safe.
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Despite inadmissible opinion evidence from prosecution witnesses having been adduced before the jury, convictions for sexual assault and assault by penetration were safe.
ASSAULT BY PENETRATION CRIMINAL EVIDENCE OPINION EVIDENCE PROSECUTION WITNESSES RISK OF HARM SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL HARM PREVENTION ORDERS
The court upheld a sexual harm prevention order, imposed for an indefinite duration, where an offender had received concurrent suspended prison sentences of 18 months after pleading guilty to three offences of possession of indecent photographs of a child and one offence of possessing an extreme pornographic image. Although the order had been imposed in circumstances which were far from satisfactory because the judge had not given explicit reasons to support the making of an indefinite order, the offender had given no indication whatsoever that he would address his offending behaviour and its causes. An order for an indefinite duration was necessary and proportionate.
DURATION INDECENT PHOTOGRAPHS OF CHILDREN INDEFINITE DURATION NECESSITY AND PROPORTIONALITY NOTIFICATION REQUIREMENTS POSSESSION OF EXTREME PORNOGRAPHIC IMAGES RISK OF HARM SENTENCING SEXUAL HARM PREVENTION ORDERS SUSPENDED SENTENCES
An offender’s appeal against the variation of his SHPO to prohibit foreign travel was dismissed, as the police were unable to monitor the risk he presented when he was abroad and their duty to protect children and vulnerable people from the offender included those both in and out of the UK.
FOREIGN TRAVEL PROHIBITION REQUIREMENTS SENTENCING SEXUAL HARM PREVENTION ORDERS VARIATION VOYEURISM
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
It was unjust for a Crown Court judge to order that a foreign travel order begin afresh from the date on which he had dismissed an appeal by an offender against that order. The order was to run from the date on which it had originally been made.
APPEAL REFUSED AGAINST ORDER IMPOSED ON RETURN TO UK COMMENCEMENT DATE CRIMINAL PROCEDURE FOREIGN TRAVEL ORDERS PENOLOGY AND CRIMINOLOGY RELEVANT COMMENCEMENT DATE s.114 s.115(2) s.117 s.117(3) s.117(5) s.118 s.118(5) s.119 s.119(2) s.122 s.97 SEXUAL ACTIVITY WITH CHILDREN SEXUAL HARM PREVENTION ORDERS SEXUAL OFFENCES ACT 2003 Pt 2 UK CITIZEN CONVICTED OF CHILD SEX OFFENCES ABROAD
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