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 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.
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.
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.
4/11/2015A defendant had a case to answer where his DNA matched that of a semen sample taken from the clothing of a sexual assault victim. If DNA was found on an article left at the scene of a crime that might also be sufficient to raise a case to answer where the chance of a […]
11/3/2015The court rejected a submission that photographs of young naked children could not be indecent as a matter of law: that question was for a jury to decide, and any categorisation of those photographs was only useful for sentencing purposes.