It was inappropriate to impose a sentence of imprisonment for public protection pursuant to the Criminal Justice Act 2003 s.225 on an offender convicted of making indecent photographs of children, because the link between the offending act of downloading images and the possible harm to children was too remote to satisfy the requirement that the offender’s reoffending would cause serious harm.
CRIMINAL JUSTICE ACT 2003 s.225 CRIMINAL LAW IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN LINK BETWEEN DOWNLOADING IMAGES AND HARM NEED FOR PUBLIC PROTECTION AND APPROPRIATENESS OF SEXUAL OFFENCES PREVENTION ORDERS RISK OF REOFFENDING s.104(2) s.106 s.106(3) s.143(1) s.224 s.224(3) s.225(1)(b) s.229 s.229(1) s.229(2) s.229(3) Sch.3 Sch.5 SENTENCING SERIOUSNESS OF OFFENCE SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS
The judge had been wrong to allow a sexual offences prevention order to be varied by the adding of a condition prohibiting the offender from denying police officers access to his home to see whether other conditions of the order were being complied with.
CONDITIONS REASONABLENESS OF CONDITION ENABLING POLICE OFFICERS TO VISIT OFFENDER’S HOME TO MONITOR COMPLIANCE WITH ORDER s.104 s.108(5) s.113 SENTENCING SEXUAL OFFENCES ACT 2003 s.108(1) SEXUAL OFFENCES PREVENTION ORDERS
A sentence of imprisonment for public protection was inappropriate where there was evidence to suggest that a defendant’s repressed paedophilic tendencies could be controlled and minimised with effective treatment.
AGGRAVATING FEATURES CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.225 DANGEROUSNESS DEFENDANT FORMING SEXUAL RELATIONSHIP WITH 13-YEAR-OLD GIRL IMPRISONMENT FOR PUBLIC PROTECTION MEETING CHILDREN FOLLOWING SEXUAL GROOMING MITIGATION REASONABLENESS OF SENTENCE OF IMPRISONMENT FOR PUBLIC PROTECTION SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES PREVENTION ORDERS
A judge had been correct to admit a defendant’s previous bad character under the Criminal Justice Act 2003 s.101(1)(g) since the conduct of that defendant in his evidence-in-chief amounted to an attack on prosecution witnesses. However, a sentence of 10 years’ imprisonment had been manifestly excessive for breach of a sexual offences prevention order.
ADMISSIBILITY APPLICATION OF S.101(1)(G) CRIMINAL JUSTICE ACT 2003 BAD CHARACTER BREACH BREACH OF SEXUAL OFFENCES PREVENTION ORDER CONDUCT DURING EVIDENCE-IN-CHIEF CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.101(1)(g) PREVIOUS CONVICTIONS PROPENSITY s.101(1)(d) s.103(1)(b) Sch.15 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES PREVENTION ORDERS
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
There might be occasions, in which a sexual offences prevention order under the Sexual Offences Act 2003 s.104 was made to protect a child of a defendant, where the family court’s jurisdiction should be reflected in the order because of the additional flexibility it provided. In the circumstances a s.104 order was varied to provide that a father, who had abused his daughter, was prohibited from seeing his son only until the son reached the age of 16.
ART.8 EUROPEAN CONVENTION ON HUMAN RIGHTS CRIMINAL LAW FAMILIAL CHILD SEX OFFENCES FAMILY LAW HUMAN RIGHTS NECESSARY REQUIREMENTS FOR IMPOSITION OF SEXUAL OFFENCES PREVENTION ORDERS PARENTAL CONTACT PENOLOGY AND CRIMINOLOGY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE S.104 SEXUAL OFFENCES ACT 2003 s.104(1) s.104(1)(b) s.106 s.106(3) s.107 s.108 s.108(1) s.108(2) s.108(6) SCH.3 SEXUAL OFFENCES ACT 2003 SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS VARIATION OF SEXUAL OFFENCES PREVENTION ORDERS
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