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Top Criminal Barrister QC and Leading Rape Defence Counsel

VICTIM IMPACT

March 28, 2019

A Practice Direction was issued amending Practice Direction (CA (Crim Div): Criminal Proceedings: General Matters) [2015] EWCA Crim 1567. New sections were inserted or amendments were made to paragraphs concerning the overriding objective, trials in absence, expert evidence, identification for the court of issues in the case, trial adjournment in magistrates’ courts, trial adjournment in the Crown Court, impact statements for businesses, investigation orders and warrants in the Crown Court, referral of cases in the Crown Court from the resident judges to the presiding judges, allocation of business within the Crown Court and listing of hearings other than trials.

ABSENCE ADJOURNMENT BUSINESSES CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROWN COURT EXPERT EVIDENCE INVESTIGATION ORDERS MAGISTRATES’ COURTS OVERRIDING OBJECTIVE REFERENCES SEXUAL OFFENCES TRIALS VICTIM IMPACT WARRANTS YOUTH COURTS

November 28, 2018

A 29-year extended sentence, which included a custodial term of 21 years, imposed on a young adult offender following a campaign of rape against victims aged between 13 and 16, was excessive. Insufficient weight had been given to the offender’s age, lack of maturity and unstable background. An extended sentence of 26 years, with an 18-year custodial term, was appropriate.

AGE EXTENDED SENTENCES MATURITY MITIGATION RAPE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES VICTIM IMPACT YOUNG OFFENDERS

March 28, 2018

A judge had not erred when sentencing an offender to life imprisonment, with a minimum term of 10 years, as a sentence of “last resort” for extreme child sex offences committed over a number of years against his own children. The sentence was also not unduly lenient, despite the minimum term not being increased when the offender was sentenced for further offences which involved the same children being offered to other men for sexual purposes.

CHILD SEX OFFENCES CHILD SEXUAL ABUSE CONSPIRACY EXTENDED SENTENCES LIFE IMPRISONMENT RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILD FAMILY MEMBER SEXUAL ACTIVITY WITH CHILDREN UNDUE LENIENCY VICTIM IMPACT

July 17, 2015

A total sentence of 16 years’ imprisonment was increased to 20 years where a judge had been wrongly advised that his sentencing powers in relation to offences of buggery committed when the offender was under 18 were limited to 12 months’ imprisonment.

BUGGERY CHILDREN AND YOUNG PERSONS ACT 1933 s.53 CRIMINAL JUSTICE ACT 1982 s.6 FAMILIAL CHILD SEX OFFENCES HISTORICAL OFFENCES s.53(2) s.7 SENTENCING SENTENCING GUIDELINES SENTENCING POWERS TOTALITY OF SENTENCE UNDUE LENIENCY VICTIM IMPACT

May 19, 2015

Life sentences coupled with minimum terms ranging from 17 to 12 years were appropriate in the case of four men who had been convicted of serious sexual offences following their involvement in one of the worst cases of child exploitation to come before the courts.

APPROPRIATENESS OF LIFE SENTENCES FOR SERIOUS SEXUAL OFFENCES AGAINST CHILDREN CHILD PROSTITUTION OFFENCES CHILD SEX OFFENCES CONSPIRACY DISCRETIONARY LIFE IMPRISONMENT MINIMUM TERM RAPE RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING TRAFFICKING FOR SEXUAL EXPLOITATION VICTIM IMPACT

November 7, 2014

When an offender was sentenced for historic sexual offences, he was not to be sentenced on any count to more than the maximum term available at the time of the offending. That said, sentencing had to reflect modern attitudes, and the court could take account of modern sentencing guidelines.

“HISTORIC” OFFENCES BAD CHARACTER CONDUCT EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 HISTORICAL OFFENCES INDECENT ASSAULT MODERN SENTENCING GUIDELINES NO PUNISHMENT WITHOUT LAW s.14 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES ACT 2003 s.72 VICTIM IMPACT

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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