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SEXUAL OFFENCES ACT 2003 s.113

October 25, 2011

Where an indictment was a nullity by charging an offence of breach of a sex offender order contrary to the Crime and Disorder Act 1998 s.2(8) when no such offence existed at that time, it was impossible to substitute an offence of breach of a sexual offences prevention order contrary to the Sexual Offences Act 2003 on the indictment as its wording precluded any such offence being alleged.

APPROPRIATENESS OF SUBSTITUTING DIFFERENT OFFENCE CRIME AND DISORDER ACT 1998 s.2(8) CRIMINAL PROCEDURE INDICTMENT CHARGE OFFENCE NO LONGER EXISTING INDICTMENTS NULLITY s.104 s.104(1) s.104(5) s.113(1)(d) s.2 SEX OFFENDER ORDERS SEXUAL OFFENCES ACT 2003 s.113 SEXUAL OFFENCES PREVENTION ORDERS SUBSTITUTION

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS