A sentence of five months’ imprisonment which had been imposed on a father following his conviction for sexually assaulting his two-year-old son was unduly lenient. The offence merited a sentence of 18 months’ imprisonment together with the imposition of a sexual offences prevention order.
NORTHERN IRELAND SENTENCE LENGTH SENTENCING SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES PREVENTION ORDERS UNDUE LENIENCY
The terms of a sexual offences prevention order imposed on an offender who had been sentenced for voyeurism, which included an almost blanket ban on using the internet, were changed where its terms did not conform to the guidance given in R. v Smith (Steven) [2011] EWCA Crim 1772 with the result that it was unworkable and disproportionate.
APPEALS CRIMINAL PROCEDURE INDECENT PHOTOGRAPHS OF CHILDREN LISTING POSSESSION OF EXTREME PORNOGRAPHIC IMAGES PROPORTIONALITY SENTENCING SEXUAL OFFENCES PREVENTION ORDERS VOYEURISM
A sentence with a minimum term of nine years and three months’ imprisonment imposed for nine counts of rape was quashed as the minimum term had been wrongly increased by six months to reflect a breach of a suspended sentence imposed for breach of a sexual offences prevention order. The offence for which the suspended sentence had been received was not a specified offence and therefore should not have been added to the minimum term.
BREACH CRIMINAL JUSTICE ACT 2003 Pt 12 s.224 MINIMUM TERM MINIMUM TERM INCREASED FOR BREACH OF SUSPENDED SENTENCE OFFENCE FOR WHICH SUSPENDED SENTENCE IMPOSED NOT SPECIFIED OFFENCE Pt 12 s.225 RAPE s.224 s.225 Sch.15 SENTENCING SEXUAL OFFENCES PREVENTION ORDERS SUSPENDED SENTENCES
A magistrates’ court had erred in ordering a chief constable to pay a respondent’s costs after he had withdrawn his application for a sexual offences prevention order. The chief constable had not acted dishonestly or unreasonably in bringing the application and so the appropriate order was no order as to costs. In contradistinction to a normal civil case, in which there was a strong presumption that the discontinuing party would pay the other party’s costs, when a regulatory function was being exercised, a costs order would generally only be made on a withdrawal if the regulator’s conduct justified it, for example, if no order for costs would result in substantial hardship for the other party, or if the regulatory function was exercised in bad faith or unreasonably.
APPROPRIATE ORDER CIVIL PROCEDURE RULES 1998 COSTS COURTS ACT 1971 s.52 CPR r.38.6 CRIMINAL PROCEDURE DEFENDANTS’ COSTS ORDERS MAGISTRATES’ COURTS ACT 1980 s.64 s.104(5)(b) s.106(5) s.5(1) SEXUAL OFFENCES ACT 2003 s.104(5) SEXUAL OFFENCES PREVENTION ORDERS WITHDRAWAL WITHDRAWN APPLICATION FOR SEXUAL OFFENCES PREVENTION ORDER
A determinate sentence of two years was appropriate in the case of a 27-year-old man who had pleaded guilty to engaging in sexual activity with a 15-year-old girl.
NORTHERN IRELAND SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES PREVENTION ORDERS
There was no need for the Sexual Offences Act 2003 to contain express wording to enable a person who was subject to a sexual offences prevention order to be required to wear an electronic monitoring device or tag when he was away from his residence. The interference with the person’s rights under the ECHR art.8 was in accordance with the law.
CRIMINAL PROCEDURE ELECTRONIC MONITORING EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS MANDATORY REQUIREMENTS NO NEED FOR EXPRESS WORDING PENOLOGY AND CRIMINOLOGY PROHIBITION REQUIREMENT TO WEAR ELECTRONIC TAG RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.104 s.104(1)(a) s.104(5) s.106 s.106(3) s.107 s.107(2) s.108 s.108(5) s.113 s.4 Sch.3 SENTENCING SEXUAL OFFENCES ACT 2003 SEXUAL OFFENCES ACT 2003 s.107(1) SEXUAL OFFENCES PREVENTION ORDERS STATUTORY INTERPRETATION VARIATION
A sentence of imprisonment for public protection, which had been unlawfully imposed following an offender’s guilty pleas to two offences of indecent assault committed before the Criminal Justice Act 2003 Pt 12 s.225 came into force, was quashed and replaced by an extended sentence.
CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 (COMMENCEMENT NO.8 AND TRANSITIONAL AND SAVING PROVISIONS) ORDER 2005 CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUS OFFENDERS EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION INDECENT ASSAULT PENOLOGY AND CRIMINOLOGY POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.85 Pt 7 s.225 Sch.37 Pt 7 SENTENCING SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES PREVENTION ORDERS UNLAWFUL SENTENCES
Where a person subject to a sexual offences prevention order had pleaded guilty to an indictment which mistakenly alleged that he had breached a sex offender order contrary to the Crime and Disorder Act 1998 s.2(8), the Court of Appeal found the indictment defective and quashed the conviction. It declined to annul the conviction and return the case to the Crown Court, as it had not heard argument on whether the indictment had been so defective as to render the proceedings a nullity. The Crown Prosecution Service was asked to ensure that on the next occasion the issue arose, the court was able to deal with the nullity issue having heard full argument.
CRIME AND DISORDER ACT 1998 s.2(8) CRIMINAL PROCEDURE DEFECTS INDICTMENT ALLEGING BREACH OF SEX OFFENDER ORDER INDICTMENTS NULLITY OFFENDER SUBJECT TO SEXUAL OFFENCES PREVENTION ORDER s.113 s.2 SEX OFFENDER ORDERS SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS
An aggregate sentence of 28 months’ imprisonment following a guilty plea to breach of a sexual offences prevention order and making and possessing indecent images of a child, mainly of level 1, was too high. An aggregate sentence of 18 months was appropriate.
AGGREGATE SENTENCE BREACH BREACHING SEXUAL OFFENCES PREVENTION ORDER BY MAKING INDECENT IMAGES OF CHILDREN CHILD SEX OFFENCES INDECENT PHOTOGRAPHS OF CHILDREN SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
A sentence of two years’ immediate imprisonment was quashed and a 36-month community order with a supervision requirement and a Sex Offender Treatment Programme requirement was substituted for four counts of making indecent photographs of a child. According to the sentencing guidelines, where there was sufficient prospect of rehabilitation, a community order with a Sex Offender Treatment Programme requirement could be a proper alternative to a short or moderate custodial sentence.
APPROPRIATENESS OF COMMUNITY ORDER WITH SUPERVISION AND TREATMENT REQUIREMENTS CHILD SEX OFFENCES COMMUNITY ORDERS CUSTODIAL SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
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