The claimant was serving a prison sentence for serious sexual offences. He would not be released until he had completed a sex offenders programme, but one was not made available, delaying his release. Held: ‘The Secretary of State is not under an absolute duty to devise and provide courses for all who want them and, … Continue reading Regina (on the Application of Cawser) v Secretary of State for the Home Department: CA 5 Nov 2003
The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements. Held: The evidence of the mother had been admitted in a manner agreed between the defence and prosecutor, and the defence had not gone outside the agreement. … Continue reading Regina v Ali: CACD 14 Nov 2003
The defendant appealed convictions for sexual assault against four young girls. Held: The admissibility of ‘similar fact’ evidence depends upon the degree of its relevance. If only suggests propensity it is inadmissible. If it goes further and can be shown to be relevant to, and probative of, a particular issue in the case, then it … Continue reading Regina v Venn: CACD 1 Feb 2003
The defendant appealed his conviction of sexual activity with a person wth a mental disorder. He said that the victim had consented. The court had said that her consent was vitiated by virtue of her mental disorder. Held: For mental disorder or incapacity to found such a prosecution, the lack of capacity had to be … Continue reading Regina v C (Mental disorder: Sexual activity): CACD 23 May 2008
Several appeals were heard on references against unduly lenient sentences of sex offenders. Held: Courts faced particular difficulties when sentencing sex offenders, but there exist guideline cases, and a court engagaed in such a sentencing exercise should be conversant with the guideline cases, and act accordingly. Guideline cases are not to be applied mechanically, but … Continue reading Attorney-General’s Reference (No 37, 38, 44, 45, 51, 53, 35, 40, 43, 45, 41 and 42 of 2003): CACD 23 Oct 2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 24209/94, [2003] ECHR 391, (2004) 39 EHRR 34 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Re E (A Child); E v Chief Constable of the Royal … Continue reading YF v Turkey: ECHR 22 Jul 2003
The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an infringement of their rights. Held: The offence of causing a public nuisance … Continue reading Goldstein, Rimmington v Regina: CACD 28 Nov 2003
PC (Jamaica) The defendants appealed against their convictions for capital murder. Held: The appeals were allowed, and non-capital convictions substituted. It is not enough to comply with section 2(2), for the judge to give directions to the jury about the law of joint enterprise and as to whether the murder was committed in the circumstances … Continue reading Hunter, Moodie v The Queen: PC 8 Oct 2003
There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state’s … Continue reading Menson v United Kingdom: ECHR 6 May 2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003
The court rejected a challenge to the Home Secretary’s decision to substitute a period of 18 months for the 9 months recommended by the Parole Board to be passed in open conditions before the prisoner’s next review. ‘[The right not to be detained arbitrarily] can be breached as a matter of law if the Home … Continue reading Spence, Regina (on the Application of) v Secretary of State for the Home Department: CA 23 May 2003
Certification of point of law for an appeal to the House of Lords: ‘Whether it is an abuse of process for the Crown to prosecute a charge of indecent assault under Section 14(1) of the Sexual Offences Act 1956 in circumstances where the conduct upon which that charge is based is an act of unlawful … Continue reading Regina v Jones: CACD 16 Jan 2003
The court allowed an appeal against conviction on charges of sex abuse where the underlying offences had taken place many years before. ‘In this case it has to be recognised that because of the delay that occurred, in our judgment the appellant was put in an impossible position to defend himself. He was not . … Continue reading Regina v B: CACD 2003
The defendant had approached the complainant as she walked at night to post a letter. When she declined to have sex with him, he grabbed her track suit bottoms by the pcket. She ran off. He appealed conviction for sexual assault, saying that the touching had not been sexual. Held: To decide whether a touching … Continue reading Regina v H (Sexual Assault: Touching): CACD 1 Feb 2005
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The claimant made a claim as regards a sexual assault committed against him in prison. The Panel refused the claim on the basis that he had consented. Held: A claim might succeed where the consent was vitiated in such circumstances as would leave the assault a criminal offence. The claimant was vulnerable and had been … Continue reading Regina (E) v Criminal Injuries Compensation Appeals Panel: CA 3 Mar 2003
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003
An injunction effective against the world, was granted to restrain any act to identify the claimant in the media, including the Internet. She had been convicted of murder when a child, and had since had a child herself. An order had been granted protecting her and her child until the child was 18. She now … Continue reading X, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd: QBD 21 May 2003
The applicant, a catholic priest, challenged his extradition for alleged offences of sexual abuse which had taken place in the 1980s, saying it would be an abuse now to prosecute him after such a delay. Held: The case of R v B was of a particular character and not of assistance to the applicant. The … Continue reading Woodcock v The Government of New Zealand: QBD 14 Nov 2003
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003
peck_ukECHR2003 The claimant had been filmed by CCTV. He had, after attempting suicide, left home with a knife, been arrested by the police and disarmed, but then sent home without charge. The CCTV film was used on several occasions to advertise the effectiveness of the CCTV system, of the police and otherwise. Only in later … Continue reading Peck v The United Kingdom: ECHR 28 Jan 2003
Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died. Held: The trial took place before R -v- G which had overruled Caldwell. The standard of recklessness to be show was that laid down in Cunningham. … Continue reading Attorney General’s Reference (No 3 of 2003): CACD 7 Apr 2004
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common. Held: The Act imposed liability if four conditions were met: the premises were dangerous, the … Continue reading Donoghue v Folkestone Properties Limited: CA 27 Feb 2003
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
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Appeal from conviction of having ‘intentionally arranged or facilitated an act which he intended to do which would involve the commission of an offence under any of sections 9 to 13 of the Sexual Offences Act 2003, namely penetrative sexual activity . .
After being convicted of two offences of sexual assault on a male contrary to section 3 of the Sexual Offences Act 2003, he was sentenced to two and a half years imprisonment.
Held: It was perfectly open to the judge, while acting within the . .
The defendant appealed his sentence for the rape of a child under 13. Held: In setting the sentence, the judge had referred to consultation guidelines issued by the Sentencing Guidelines Council. The applicable guide case was Millberry until and unless the consultation was concluded and new guidance given. The sentence was reduced to the starting … Continue reading Regina v Lloyd (BP): CACD 28 Feb 2007
The defendant appealed against his conviction for sexual grooming. Held: ‘On the face of it, the fact that the description of the offence in the heading is ‘meeting a child following sexual grooming etc’ might be taken to suggest that the behaviour antecedent to any arranged meeting must itself be sexual in nature. The phrase … Continue reading Gaviria v Regina: CACD 19 Jul 2010
Police appeal against refusal of court to uphold sexual offences prevention order. Judges: Hughes LJ, Treacy J Citations: [2007] EWHC 1792 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 104(1) Jurisdiction: England and Wales Criminal Practice Updated: 05 December 2022; Ref: scu.258807
The victim complied with the defendant’s instructions, given in text messages where he was posing as a police officer, to the effect that she should have sexual intercourse with him. These offences were committed either side of the coming into force of the 2003 Act; and, in relation to the pre-May 2004 period, they were … Continue reading Jheeta, Regina v: CACD 11 Jul 2007
Whether the imposition of a Notification Order (‘N/O’) under section 97 of the Sexual Offences Act 2003 (‘SOA 2003’) was disproportionate and breached Article 8 of the European Convention on Human Rights Judges: Lord Justice Haddon-Cave and Mr Justice Holgate Citations: [2020] EWHC 1053 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Sentencing, Human Rights … Continue reading Halabi, Regina (on The Application of) v The Crown Court At Southwark: Admn 1 May 2020
Against sentence of 6 months after failure to notify a change of address as required by the Sexual Offences Act 2003. Held: Two months’ imprisonment should be substituted Citations: [2005] EWCA Crim 3612 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 24 November 2022; Ref: scu.239062
Judges: Sir Brian Leveson P QBD, Walker J Citations: [2015] EWHC 688 (Admin), [2015] 2 Cr App R (S) 25, (2015) 179 JP 187, [2015] WLR(D) 135 Links: Bailii, WLRD Statutes: Sexual Offences Act 2003 Jurisdiction: England and Wales Criminal Sentencing Updated: 20 November 2022; Ref: scu.544835
Sentencing practice for offences under section 14 Sexual Offences Act 2003 (arranging or facilitating the commission of a child sex offence) (a ‘section 14 offence’), and in particular the correct approach to assessing harm. There is tension within the relevant jurisprudence on this issue which requires consideration. The common feature between these cases is that … Continue reading Privett, Regina v: CACD 29 Apr 2020
The Court considered a particular aspect of the correct approach to be taken when sentencing certain offences against children under the Sexual Offences Act 2003 (‘SOA’), namely when no sexual activity takes place, for instance, because i) the child is a fiction, ii) the defendant failed to persuade the child to engage in sexual activity … Continue reading Reed and Another v Regina: CACD 21 Apr 2021
The Court was asked whether it was open to a defendant charged with rape contrary to section 1 of the 2003 Act to rely upon a ‘deluded’ belief in the consent of the complainant. Held: Hughes LJ said: ‘Both the common law and statute law are well used to a rule which judges a defendant … Continue reading B v Regina: CACD 31 Jan 2013
The tribunal’s decision that the appellant had been unfairly dismissed by the respondent had been reversed at the EAT. The respondent had been allowed to withdraw a concession, and the appellant now sought to pursue a different argument. The appellant, a former police officer and latterly a training officer had a brother convicted of serious … Continue reading DA v Strathclyde Joint Police Board: SCS 27 Jun 2012
Judges: Lord Justice William Davis Mr Justice Fraser Mrs Justice May Citations: [2022] EWCA Crim 986 Links: Bailii Statutes: Sexual Offences Act 2003 3 Jurisdiction: England and Wales Criminal Sentencing Updated: 03 November 2022; Ref: scu.682286
Appeal by leave of the single judge against conviction of an offence of assault by penetration, contrary to section 2 of the Sexual Offences Act 2003. The grounds of appeal contend that the appellant did not have a fair trial, and his conviction is unsafe, because the judge unfairly interrupted defence counsel’s closing speech and … Continue reading SR, Regina v: CACD 10 Dec 2019
Issue concerning the written directions of the trial judge as to the law on consent and in particular the scope and effect of section 75(2)(a) of the Sexual Offences Act 2003. This is a provision which it is argued before us is problematic in numerous respects. The case raises various points about the structure of … Continue reading Hutchings, Regina v: CACD 22 Feb 2019
Judges: The Lord Woolf of Barnes LCJ Citations: [2005] EWCA Crim 732, [2005] 2 All ER 859, [2005] 1 WLR 2005, [2005] 2 Cr App R 149 Links: Bailii Statutes: Sexual Offences Act 2003 3 Jurisdiction: England and Wales Crime Updated: 05 October 2022; Ref: scu.659882
The defendants appealed against their convictions under common law for keeping a disorderly house. They were landlords using an agreement requiring the tenant not to be used for immoral purposes. There was evidence of limited sexual activity. Only one girl had been seen and therefore the charge under the 1956 Act was withdrawn. Held: the … Continue reading Court, Regina v: CACD 9 Feb 2012
A had been charged with various indecent assaults on children. It had been intended that transitional regulations would govern thechange to the regime under the 2003 Act, but no regulations had been published. Held: It was not for the courts to fill the lacuna left by the Secretary of State. The 2003 Act recognised the … Continue reading Regina v A (Prosecutor’s Appeal): CACD 15 Dec 2005
The court was asked how the judge should approach offences committed under the Sexual Offences Act 1956 in the context of the Definitive Guidelines under the Sexual Offences Act 2003. It raises the important point as to how the judge should approach the totality where there has, over a considerable period, been a variety of … Continue reading Attorney General’s Reference No 7 of 2011: CACD 7 Mar 2011
The defendant appealed against his sentence of three and a half years imprisonment after conviction for causing another to engage in sexual activity without consent. Though otherwise of previous good characetr he had a caution for a similar assault. The judge had adopted a sentencing range more serious than that suggested by both defence and … Continue reading Ayeva, Regina v: CACD 19 Nov 2009
Judges: Laws, Moore-Bick, Beatson LJJ Citations: [2013] EWCA Civ 697, [2014] 1 WLR 179, [2013] WLR(D) 289 Links: Bailii, WLRD Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Human Rights Act 1998, Sexual Offences Act 2003 82(1) Jurisdiction: England and Wales Criminal Sentencing, Human Rights Updated: 10 September 2022; Ref: scu.510907
Appeal from conviction, sentence (three year supervision requirement and a programme requirement to attend sex offending assessment, psychological testing and treatment, with the appropriate notification requirements) and costs of exposing his genitals intending that someone would see them and be caused alarm or distress. Citations: [2011] EWCA Crim 870, [2012] 1 Cr App R (S) … Continue reading Rakib, Regina v: CACD 1 Apr 2011
The defendant appealed against conviction of intentionally causing a child under the age of 13 to engage in sexual activity. Held: The conviction was quashed. The evidence did not establish one of the essential elements for a conviction. Citations: [2011] EWCA Crim 299 Links: Bailii Statutes: Sexual Offences Act 2003 Jurisdiction: England and Wales Citing: … Continue reading Regina v Grout: CACD 1 Mar 2011
Crime of violence; application of Annex B; place of Sexual Offences Act 2003; Can on line `grooming’ be a crime of violence under the 2012 Scheme? Citations: [2022] UKUT 103 (AAC) Links: Bailii Jurisdiction: England and Wales Personal Injury Updated: 02 September 2022; Ref: scu.680339
Judicial Review of the imposition on the Petitioner on a period of notification requirements of not less than fifteen years without provision for review within the said fifteen year period in terms of the Sexual Offences Act 2003 as amended by the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 Citations: [2013] ScotCS CSOH – … Continue reading Main v The Scottish Ministers: SCS 26 Jun 2013
The defendant appealed his conviction for the offence of controlling a prostitute for gain. Held: The appeal failed. ‘Control’ in this context did not require the defendant to be shown to have compelled or otherwise coerced the prostitution. ‘Control’ included but was not limited to compulsion, and could be exercised in many ways. The offence … Continue reading Regina v Massey: CACD 19 Oct 2007
The defendant appealed against his conviction for sexual assault on a female when she suffered a mental condition which prevented her indicating her refusal of the touching. Held: The complainant’s irrational fear due to her mental disorder could not be equated with a lack of capacity to choose, and there was no evidence that she … Continue reading C, Regina v: CACD 2008
The defendant had been convicted of sexual assaults, and made subject to a detention and training order, and also placed on the sex offenders register. On release he had failed to register as a sex offender, thinking his obligation to do so had expired. Held: The length of the sex offender registration was decided by … Continue reading Regina v Slocombe: CACD 23 Nov 2005
The defendant, with no previous convictions appealed against conviction for sexual assaults on vulnerable women at the care home at which he worked. He said that the evidence was so weak that it should not have been left for the jury. Special procedures under the 1999 Act had been used for the complainants to give … Continue reading Regina v Watts: CACD 23 Jul 2010
Appeal against the orders made in a Sexual Offences Prevention Order. Judges: Aikens LJ, Royce J, Radford QC Citations: [2010] EWCA Crim 1303 Links: Bailii Statutes: Sexual Offences Act 2003 104 Jurisdiction: England and Wales Criminal Sentencing Updated: 19 August 2022; Ref: scu.418440
The applicant for judicial review (D) had been convicted and sentenced for an offence under section 3 of the 2003 Act, and recommended for deportation. He sought review of the decision of the respondent not to refer his case to the Court of Appeal for reconsideration. A question had arisen as to the existence of … Continue reading Davis, Regina (on The Application of) v Criminal Cases Review Commission: QBD 2 Feb 2010
The appellant appealed against his conviction for serious sexual assaults on his young daughters. He said that he had been denied the opportunity to put to a complainant that she had made other unfounded allegations. Judges: Moore-Bick LJ, Griffith Williams J Citations: [2009] EWCA Crim 2668 Links: Bailii Statutes: Sexual Offences Act 2003, Youth Justice … Continue reading Evans, Regina v: CACD 16 Dec 2009
rape of a child under 13 Judges: Lord Justice Coulson Mrs Justice Mcgowan Mr Justice Bourne Citations: [2022] EWCA Crim 805 Links: Bailii Statutes: Sexual Offences Act 20035(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 01 August 2022; Ref: scu.679786
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009
The defendant was accused of a rape before 2000. No complaint was made until after 2004. The defendant wished to ask the complainant about her sexual history. It was argued that the former provision had been repealed, and tat the new provisons were not back dated, and that therefore there was no restriction. Held: Though … Continue reading Cartwright, Regina v: CACD 7 Nov 2007
Application for judicial review, with permission directed to a decision made at the Central Criminal Court lifting the notification requirements imposed on the interested party pursuant to Sections 81 and 82 of the Sexual Offences Act 2003. Judges: Laws LJ, Hickinbottom J Citations: [2013] EWHC 179 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 81 … Continue reading Commissioner of Police for The Metropolis v Central Criminal Court and Another: Admn 15 Jan 2013
Claim for judicial review of a decision of the Crown Prosecution Service to continue with a prosecution of the claimant for an offence under Section 5 of the Sexual Offences Act 2003. Judges: Latham LJ, Sullivan J Citations: [2008] EWHC 2976 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 5 Jurisdiction: England and Wales Crime … Continue reading Tolhurst v Director of Public Prosecutions: CACD 18 Nov 2008
Failure to comply with the notification requirements of a Notification Order Citations: [2010] EWCA Crim 560, [2010] 2 Cr App Rep (S) 100 Links: Bailii Statutes: Sexual Offences Act 2003 91(1)(a) Jurisdiction: England and Wales Criminal Sentencing Updated: 22 July 2022; Ref: scu.432753
The defendant could not be convicted of voyeurism under the 2003 Act for having watched a male’s breasts in a situation where that person might have expected privacy. Judges: Lord Justice Hughes, Mr Justice Treacy and Sir Peter Cresswell Citations: [2008] EWCA Crim 1174, Times 18-Jun-2005 Links: Bailii Statutes: Sexual Offences Act 2003 68(1)(a) Jurisdiction: … Continue reading Bassett, Regina v: CACD 14 May 2008
The complainant asked for a breakdown of the number of local teaching staff who had been investigated in connection with offences under section 16 of the Sexual Offences Act 2003 and for details of the outcome of these investigations. Devon and Cornwall Constabulary confirmed that it held such information but claimed it was exempt from … Continue reading Devon and Cornwall Constabulary (Decision Notice): ICO 20 Dec 2010
Appeal by way of case stated from a decision of the Justices convicting the applicant of an offence of sexual activity with a person with a mental disorder impeding choice, contrary to section 30 of the Sexual Offences Act 2003. Citations: [2006] EWHC 1347 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 July … Continue reading Hulme v Director Of Public Prosecutions: Admn 19 May 2006
The defendant appealed against his conviction for causing or inciting a child under the age of 13 to engage in sexual activity following a guilty plea after a direction that it was not necessary for the prosecution to identify any particular child as having been so affected. He had written graffiti in train stations seeking … Continue reading Regina v Jones: CACD 15 May 2007
The defendant appealed his conviction for rape. He said the girl had consented, despite having drunk substantial quantities of alcohol. Held: The voluntary consumption of much alcohol did not remove the possibility that the girl had consented to sex. Capacity to consent might evaporate well before she became unconscious, but it was a question of … Continue reading Bree, Regina v: CACD 26 Mar 2007
Citations: [2006] EWHC 3447 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 3 Jurisdiction: England and Wales Criminal Sentencing Updated: 09 July 2022; Ref: scu.249145
The defendant appealed the imposition of a sexual offences prevention order under section 66, saying that it did not comply with sections 224 to 227 of the CJA 2003. If the judge had thought there was a serious risk of harm and extended sentence would have been imposd. Held: Sexual prevention orders were not subject … Continue reading Richards, Regina v: CACD 27 Oct 2006
The defendant pleaded guilty to the rape of a twelve year old girl on the agreed basis that he had believed her to be 15, but had been advised that given her age, his belief was immaterial. He now appealed saying that the presumption infringed his human rights. Held: The question was whether the section … Continue reading Regina v G: CACD 12 Apr 2006
The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that the court setting had been inappropriate for a thirteen year old witness. Held: The … Continue reading H, Regina v: CACD 25 Apr 2006
The defendants appealed their convictions for rape of a girl under 13. Held: The appeals were dismissed, but the sentences were reduced to conditional discharges. Judges: Lord Phillips CJ Citations: [2006] EWCA Crim 821, [2006] 1 WLR 2052 Links: Bailii Statutes: Sexual Offences Act 2003 5 Jurisdiction: England and Wales Cited by: Cited – Regina … Continue reading G and R v Secretary of State for the Home Department: CACD 12 Apr 2006
The court considered the evidential presumptions applied by section 75 of the 2003 Act in connection with an allegation of sexual assault. Judges: Lord Judge LCJ, Butterfield, Henriques JJ Citations: [2011] EWCA Crim 2665, [2012] 1 Cr App R 15 Links: Bailii Statutes: Sexual Offences Act 2003 75 Jurisdiction: England and Wales Crime Updated: 04 … Continue reading Ciccarelli, Regina v: CACD 3 Nov 2011
The defendant appealed conviction for indecent assault. The charge alleged assault by intercourse per vaginam with a 13 year old girl. He had been 14 years old at the time. The verdict indicated consent by the complainant. Held: The appeal failed. The 2003 Act was not retrospective. However: ‘to hold that the express intention of … Continue reading Timmins, Regina v: CACD 15 Nov 2005
The defendant argued that the 2003 Act was in breach of his article 8 rights. He had been registered as a sex offender, but the offence for which he had been convicted involved no proof of intention. Held: The claimant having brought the proceedings, his name was not to be withheld. The substantial point was … Continue reading Forbes v Secretary of State for the Home Department: QBD 26 Jul 2005
Judges: Rose VP CACD LJ, Richards, Bean JJ Citations: [2004] EWCA Crim 2646, [2005] 1 Cr App R (S) 102 Links: Bailii Statutes: Sexual Offences Act 2003 67(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 01 July 2022; Ref: scu.226797
Various sentences were appealed in respect of defendants convicted of sexual offences under the 2003 Act. Held: The Act contained new extended ranges of sexual offences, and these required resvised sentencing guidelines. The starting point for non-penile penetration will be generally lower. No safe guideline could be given for a rape of a child under … Continue reading Regina v Corran, Regina v Cutler, Regina v Heard, Regina v Willams: CACD 2 Feb 2005
The defendant appealed his sentence after conviction for making indeent photographs and pseudo-photographs, saying tha imposition of a restraining order in addition to other sentences was incorrect. Held: The 2003 Act had brought in an extended definition of ‘serious sexual harm’. However at the time when the order wa smposed, the power to make it … Continue reading Monument v Regina: CACD 21 Jan 2005
The appellant had been convicted and sentenced at the age of 13 for serious sexual offences committed at the age of 11. It was said that the judge had not considered the effect if being required to comply with notification requirements under the 2003 Act, which, it was said had been found in contravention of … Continue reading F, Regina v: CACD 27 Jan 2009
Challenge to a series of interim sexual risk orders (‘ISROs’) made pursuant to section 122E of the Sexual Offences Act 2003 Judges: Mr Justice Fordham Citations: [2022] EWHC 1176 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Practice Updated: 08 June 2022; Ref: scu.677846
Application, brought by the Solicitor General, under section 36 of the Criminal Justice Act 1988, for leave to refer a sentence which he considers to be unduly lenient. The sentence was passed on the offender after the offender had pleaded guilty to five offences, counts 2, 6, 7, 8 and 9 of sexual activity with … Continue reading Sargent, Regina v: CACD 21 Aug 2018
Appeal from conviction of an offence of sexual activity with a child, contrary to section 9 of the Sexual Offences Act 2003. Judges: Lord Justice Holroyde Mr Justice Lavender Mrs Justice Ellenbogen DBE Citations: [2021] EWCA Crim 222 Links: Bailii, Judiciary Jurisdiction: England and Wales Crime Updated: 23 May 2022; Ref: scu.674617
The causing or inciting required as part of an offence under section 8(1) must be intentional, ie. deliberate; recklessness or less will not do. Judges: Hughes LJ Citations: [2008] QB 43 Statutes: Sexual Offences Act 2003 8(1) Cited by: Cited – Regina v Grout CACD 1-Mar-2011 The defendant appealed against conviction of intentionally causing a … Continue reading Regina v Head: 2008
The defendant appealed a sentence of six years detention in a young offender institution for oral rape. Held: The court should make no distinction in penalty between vaginal, anal or oral rape. The dangers might be different, but they remained real. Cases will vary in the offensiveness to the victim and courts should recognise the … Continue reading Regina v Ismail: CACD 15 Feb 2005
Section 8(1) of the SOA creates two basic offences. In the first case a defendant must intentionally cause a child (B) to engage in ‘sexual activity’. In the second a defendant must intentionally incite a child (B) to engage in ‘sexual activity’. In the latter case the essence of the offence is the intentional ‘incitement’, … Continue reading Regina v Walker (Simon John): CACD 2006
The Attorney General appealed against a sentence of twelve months imprisonment suspended for two years with two years supervision imposed on a woman aged 39 having had sex with a 14 year old boy. Held: The court had wrongly taken account of the sex of the victim and reduced the sentence accordingly. The Act made … Continue reading Regina v Edwards (Sharon) (Attorney General’s Reference No 67 of 2008): CACD 20 Jan 2009
The defendant appealed his conviction for causing a child to watch a sexual act for the purposes of sexual gratification. He said there was no evidence of an intention to obtain immediate gratification. Held: The Act made no mention of the timing of the intended gratification. It was plain that that was the intention. The … Continue reading Regina v Abdullahi: CACD 24 Jul 2006
Judges: Lord Justice Haddon-Cave Citations: [2022] EWCA Crim 412 Links: Bailii Statutes: Sexual Offences Act 2003 3, Criminal Justice Act 1988 39 Jurisdiction: England and Wales Crime Updated: 01 May 2022; Ref: scu.675603
The Attorney General appealed the sentence of 18 months imposed on the defendant for sexual assault by a digital penetration. Held: The maximum sentences for the offence had been increased to life imprisonment, and accordingly sentence levels generally should be increased beyond what it would have been when classified as an indecent assault. The starting … Continue reading Regina v Garvey, Attorney-General’s Reference (No 104 of 2004): CACD 25 Oct 2004
Appeals with leave against sentences totalling 12 months’ imprisonment, imposed following guilty pleas to three offences of failing to comply with notification requirements, contrary to section 91 of the Sexual Offences Act 2003. Citations: [2019] EWCA Crim 1460 Links: Bailii Statutes: Sexual Offences Act 2003 91 Jurisdiction: England and Wales Criminal Sentencing Updated: 27 April … Continue reading Bricknell, Regina v: CACD 30 Jul 2019
Power of court on appeal to vary Sexual Offences Prevention Order Judges: Lord Judge Cj, Openshaw, Irwin Jj Citations: [2012] EWCA Crim 1456, [2012] WLR(D) 196 Links: Bailii, WLRD Statutes: Sexual Offences Act 2003 104(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 17 April 2022; Ref: scu.461908
The complainant asked for the numbers of teaching staff who had been investigated in connection with offences under section 16 of the Sexual Offences Act 2003 and for details of the outcome of these investigations. The public authority refused to confirm or deny whether it held information falling within the scope of this request and … Continue reading Devon and Cornwall Constabulary (Decision Notice): ICO 25 Aug 2009
Judges: Lady Justice Hallett DBE Mr Justice Ouseley His Honour Judge Pert QC (Sitting as a Judge of the Cacd) Citations: [2011] EWCA Crim 3321 Links: Bailii Statutes: Sexual Offences Act 2003 2 Jurisdiction: England and Wales Criminal Sentencing Updated: 03 April 2022; Ref: scu.464762
