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
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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
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
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 claimant sought to challenge the variation of a Sexual Offences prevention order made against him which had the effect of imposing a curfew on him unless subject to electronic monitoring. The The request for judicial review failed. McCombe LJ, Stewart J [2013] EWHC 2208 (QB) Bailii Sexual Offences Act 2003 104 England and Wales … Continue reading Richards, Regina (on The Application of) v Teesside Magistrates Court and Another: QBD 30 Jul 2013
An appeal was made against the making of a Sexual Offence prevention order. . .
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
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 Court gave detailed guidelines on sentencing for offences of rape, following a report from the sentencing advisory panel. Held: The court outlined the base sentences for single and multiple offences of rape, listing aggravating and mitigating factors, and dealing specifically with date rape, acquaintance rape, male rape, and anal rape. The base sentence should … Continue reading Millberry, Morganian, Lackenby v Regina: CACD 9 Dec 2002
Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence in civil cases is dealt with in two … Continue reading O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005
