A decision to prosecute a 12-year-old boy for rape of a child under 13 had been taken by the Crown Prosecution Service following extensive consideration of its impact on the defendant. There was no basis for saying that its decision was incompatible with his right to respect for his private life under ECHR art.8.
CRIMINAL INVESTIGATIONS CRIMINAL PROCEDURE ECHR 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS HUMAN RIGHTS ACT 1998 PROSECUTIONS RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS
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
Taking into account the exceptional circumstances, a sentence of 30 months’ detention imposed upon a 17-year-old offender for rape of a child under 13 was excessive where the offender had had consensual sexual intercourse with a 12-year-old girl, believing her to be nearly 15 years of age. The appropriate sentence was a 12 month detention and training order.
CHILD SEX OFFENCES CONSENSUAL SEXUAL INTERCOURSE BETWEEN 17-YEAR-OLD OFFENDER AND 12-YEAR-OLD GIRL RAPE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS
It was compatible with a child’s rights under the European Convention on Human Rights 1950 art.8 to convict him of rape contrary to the Sexual Offences Act 2003 s.5 in circumstances where the agreed basis of plea established that his offence also fell properly within the ambit of s.13.
art.6(2) art.8 BASIS OF PLEA CHILD SEX OFFENCES CONDUCT FALLING WITHIN AMBIT OF S.5 AND S.13 SEXUAL OFFENCES ACT 2003 CRIMINAL CHARGES CRIMINAL LAW CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6(1) HUMAN RIGHTS JUSTIFICATION LAWFULNESS OF PROSECUTOR’S DECISION TO PROSECUTE UNDER S.5 Part 2 PRESUMPTION OF INNOCENCE PROPORTIONALITY RAPE RIGHT TO FAIR TRIAL RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.13 s.9 s.9(1)(c)(ii) Sch.1 Sch.3 SEXUAL OFFENCES ACT 2003 s.5 STRICT LIABILITY YOUNG OFFENDERS