ADVISING ON SEXUAL OFFENCES AT BOTH THE POLICE STATION AND COURT

The second of this month’s 2 presentations will be on Thursday, 31st March and will consider advising on sexual offences at both the Police Station and Court.

This area of law is tricky and the wrong advice at the Police Station stage could have quite serious implications in the case later on. It is also important that you are aware of the law in this area in order to advise clients correctly on what they should do in their interview and the advice on plea in both the Magistrates’ Court and the Crown Court

Clients have an expectation that you already know everything that will be said during this presentation but it does no harm occasionally to bring yourself fully up-to-date in this area. Have a glance at the 20 issues under consideration and see whether or not there are any gaps in your knowledge that just might benefit from a refresher……………

The following 20 issues will be considered:

1 – Consensual but under-age sexual activity under the Sexual Offences Act 2003 – this area was the subject of the Court of Appeal decision in R v Whitbread [2021] EWCA Crim 1413 – a consideration of the relevant Sections under the Sexual Offences Act 2003

2 – Indecent photographs of children under Section 1 (1) (a) of the Protection of Children Act 1978 – again, considered in the case of R v Whitbread

3 – The 1st May 2004 – the significance of this very important date when advising upon sexual offences at the Police Station stage and at Court

4 – The Sexual Offences Act 1956 and the ‘Young man’s defence’ contained within Section 6

5 – ‘Abuse of a position of trust’ – a consideration of the relevant Sections of the Sexual Offences Act 2003 – hugely important if your client just happens to be a schoolteacher!!

6 – The Sentencing Council Guidelines in relation to sentencing on sexual offences

7 – The relationship between Schedules 3 and 5 of the Sexual Offences Act 2003

8 – The Notification Requirements under Part 2 of the Sexual Offences Act 2003 – often referred to by lawyers as the ‘Sex Offender Register’– get this bit wrong and you are going to have a very unhappy client on your hands

9 – The client has been offered a caution at the Police Station stage as a resolution of the matter – the big question is, should they accept it? – advising in this area

10 – Samples – both intimate and non-intimate under the Police and Criminal Evidence Act 1984 and your advice to the client in this area

11 – Intoxication and the Court of Appeal decision in R v Bree

12 – Ancillary Sexual Orders at Court under Part 2 of the Sexual Offences Act 2003

13 – The possible benefit to the client of a Community Order, by way of sentence, which is less than 12 months

14 – Revenge porn and alterations under the Domestic Abuse Act 2021

15 – The definition of a ‘child’ in sexual legislation – as you know, the age, will vary dependent upon the piece of legislation under consideration

16 – Child sex offences committed by children or young people – an understanding of Section 13 of the Sexual Offences Act 2003

17 – Sexual offending against those people covered by the Mental Health Act 1983 who have a condition whereby they are ‘unlikely to be able to refuse’ the sexual advances being made

18 – The test for ‘consent’ under the Sexual Offences Act 2003 – some very interesting case-law in this area.

19 – Rebuttable presumptions of law and presumptions of law that are not rebuttable in the area of sexual offences

20 – Historical sexual offending – Regina v Limon EWCA Crim 39