Sexual Offences and Assaults

1/11/2018A judge’s decision to stay a prosecution as an abuse of process on the basis of a failure by the prosecution to properly pursue a line of enquiry when investigating allegations of sexual assault was wrong in principle and did not constitute a reasonable exercise of his discretion.
4/4/2018The court allowed Romania’s appeal against the grant of bail to a requested person who had been convicted and sentenced to seven years’ imprisonment for sexual offences against an 11-year-old girl whilst working as her dance teacher. The court was satisfied that there were substantial grounds to believe that the requested person would fail to […]
6/4/2017In appeals against the sentences imposed on two offenders, aged 101 and 96 respectively, in respect of historical sexual offences the Court of Appeal considered the issue of the appropriate allowance to be made for extreme old age in the sentencing process.
29/9/2016A sentence of 21 months’ imprisonment imposed on a teacher following his conviction for six counts of engaging in sexual activity while in a position of trust was not excessive where he had groomed a 16-year old pupil and, on six separate occasions, engineered time alone with her in a classroom. Although some of the […]
12/9/2016The Court of Appeal gave additional guidance on the principles to be applied when offenders were sentenced for historic sexual offences.
17/6/2016The “civil commitment” process in the US, under which sex offenders could be detained after completing their sentences if they were dangerous, was a civil process, not a criminal process, and so matters raised in the process would not breach the speciality principle.
17/6/2016The Independent Monitor’s decision to approve the disclosure by the police on an enhanced criminal records certificate of information about an individual’s acquittal for sexual offences was unreasonable as the decision had been unsupported by the evidence at the trial for the alleged offences and the judge’s summing up.
13/4/2016The court considered the degree of particularity required in a count alleging an offence of trespass with intent to commit a sexual offence contrary to the Sexual Offences Act 2003 s.63(1)
12/4/2016A man’s conviction on numerous counts of sexual offences was not unsafe and there was no reason to interfere with a jury’s conclusions. A discretionary sentence of life imprisonment for rape and buggery was not wrong in principle nor manifestly excessive.
19/2/2016The statutory regime that required disclosure of historic reprimands to potential employers seeking enhanced disclosure was in the absence of procedural safeguards to assess relevance and proportionality incompatible with ECHR art.8.