Hello and welcome to this 20 minute bite sized webinar presentation on behalf of Data Law. My name is calling my mom. We have 20 minutes on. We have 12 points for consideration during those 20 minutes and there's quite a bit to get through. Let's go to the birth slide points one and two wire is, um Offenses Act 2000 and 19. A bit of new legislation. We have a new section 67 A of the Sexual Offences Act 2000 and three, Section 67 a has bean tacked on to section 67 which, as you maybe aware, is the events off voyeurism 67 a has created two new offenses and they came into force on the 11th of April 2000 and 19 attemps to commit. These two new adventures are also covered by section 67. What are the events is well, we cloak really refer to them as upskirting. The first used operating equipment beneath the clothing of another person, the other offenses recording an image beneath the clothing of another person. This being done either for sexual gratification or to humiliate the victim in the case, it was felt that we had to have these two specific offenses because the existing law in relation to wire is, um and the existing law in relation to outraging public decency on was defective in the sense that it might know cover the specific events is in relation to upskirting, which might have caused take place without any other people being present to witness eight, which I believe is a requirement. When you're dealing with outraging public decency, please stay in four. Defense is either way all the offenses that you say are triable either way and carry two years on indictment. I think there's probably a reference to 12 months imprisonment in the magistrate Court which of course is wrong that 12 months on refers to section 150 full that the Criminal Justice Act 2000 and three, the increased powers of the Magistrates. Would you never be bold into false? So in the Magistrate Court, if you're just dealing with one offense, it's a maximum of six months imprisonment. Two years on the indictment at the Grand Cool these two new offenses under Section 67 a of both being put on shake you three of the sexual offences Act 2000 and three. Now you may or may not know. I hope you do that instant offense on Shake You'll three. Which, if you're convicted a court. Oh, if you I've sent precaution at the be ST stay, that will probably put you on something we cannot really call the sex offenders register. So please do be aware of that in order to clarify the precise term that a client might be on the register. Do have a look at Section 82 of the Sexual Offenses Act 2000 and three. Section 82 could use a shake you up on the left hand side of the secular. There is the result. On the right hand side, there's the time to spend on the register. Somewhat surprisingly, the acceptance of a caution at the peace station for a shake. Your three events will probably put you on the register, whereas a conviction, but called may not necessarily put you on the register. It's Aled dependent upon the age of the victim, all the nature off the sentence at court. So please do have a look at that. It's quite important. It may be that you get your client to call a community order of less than 12 months in those circumstances. Somewhat surprisingly, he or she does not have to go off the sex offenders register. Please get hold of an updated version of shed. You three have a look at each of the specific events is on me Summer Benzes or dramatically put you on the register upon conviction. They are the penetrative sexual offenses. Other offenses don't automatically put you on the bank. You stuff. It is dependent upon the age of the victim and also the sentence that was given that cool. But it went for the Stalking Protection Act 2019. Another bit of legislation not yet in force as and when it comes into force, the police, not the CPS. The police may apply to a magistrate to call for an order. Why? Well, because they fear this defendant poses a risk Associate ID with stoking the order could be made, must be made. It is to be made it all for a minimum period of two years or until further order. Breach of the order is an offence. Triable Either way, carrying five years on if you're made the subject say not enforce yet, but if you made the subject of an order, it will require you to give various details to the police. Your name your address provided bode well and provide a set of your fingerprints. It's effectively. Another register isn't did running alongside the sex offenders register. The legislation says that there's no need to do any of these things if you're already subject to the notification requirements under Part two of the Sexual Offenses Act 2000 and three. In other words, if you're already on the sex offenders register on your made subject to a stalking order, you don't need to give those things to the police because they will already have them. The legislation. Just say, though, that if you're period on the sex offenders register comes to an end and your still subject of one of these stalking orders. Then you must go to the police and give the information, as required, a 10.5 on the slide. And if you don't or you do that, you give up old stay or you give folks address or you won't allow a photograph to be taken or you won't now your fingerprints to be taken. Would you believe that is a criminal events for which you could receive five years on indictment 26. Statutory instrument 2000 and 18. Number four for seven. The sexual offenses at 2003 prescribed P stations regulations. The This, of course, contains a list police stations which your plant must go to in order to give the police the necessary information in order to put him on the register. And I'm sure you do know that if you're convicted of a defense on shake you three, you must go into one off those police stations prescribed in the order within three working days and give the police such information as they require from you in order to put you on the register. And if you don't that is an effects. It's nothing to do with the court, of course. Don't have to announce it. This is something you need to have a word with your client about. If he or she is convicted of a shake, you'll three events shake you three Sexual Offenses Act 2000 and three 0.7, alerting you there to the document published by the Centers in capsule overarching principles. The sentencing off Children and young people. This came into force somebody first of June 2000 and 17. Please, if you haven't read the guideline, might I respectfully suggest you go on to the sentencing council website downloaded? Keep it on your smartphone tablet. Whatever. Within that document, there is reference to sending the child or young person to the crown called where they may be liable for sentence. Under the dangerous offender provision, please be aware off check. Use 15 on 15 b at the Criminal Justice Act 2003. These shed jewels contain the list of specified violent events, is on the list of specified sexual offenses, and they conviction off one of these events is might well involved the judge taking the view that you are indeed dangerous on that the public do require at protection from you because you pose a substantial risk off serious harm by the commission or, further specify offensives in relation to Children or young people. You can't be sentenced as a dangerous offender and lets the events merits a determinant sentence of at least four years. You will find when you look at check your 15 and 17 15 b that there are many sexual offenses on the shekels. Rape, of course, being an obvious one 0.8 Regina and Jones. A useful case to read in relation to Section 236 A of the Criminal Justice Act 2000 and three adult offenders of particular concern. This gave us effectively a new schedule 18 a. That the Criminal Justice Act 2000 and three. Their 20 events is I said, you're 18 A. But don't worry about 18 of them because they relate to terrorism that once you have to concern yourself with rape of a child under 30 and it's so have a child under 30 by penetration. No enough show at the ground. Cool. If your client Pete guilty, always found guilty of one of those two crimes, the judge can no longer give on ordinary determiner sentence. That option has gone. This person must be treated as an adult offender. Of particular concern. He's 18 over that the judge has three sentences available. Firstly, knife if the judge takes the view that it should be life second sentence as a dangerous offender under the Dangerous Offender provision, three centers as an adult offender, a particular concern what you need to know about adult defenders. Of particular concern is that they are no released all dramatically at the halfway stage, they are entitled to apply to the parole board for release at the helpfully stage. If there no released, they will serve the entirety of the sentence on when they released. They are subject to a or dramatic one year period of supervision over which the judge has notice. Question. Contrast that, of course, with dangerous offenders. Dangerous offenders are entitled to apply for parole once they've done 2/3 of the determinant part. But their seconds And if they are released, of course, they are subject to an extended licence anyway, because that's how dangerous offenders a sentence. It's a determinate sentence with an extended license. The license might be extended for funny of years in a violent case or eight years in a sec shootings. Okay, let's have a look. A points nine in 10 Pierre and Regina sexual events is by the defendant against his two sisters. The dependent would have bean between 10 and 14 on the commission dates of the events is Section 34 of the Crime and Disorder Act, 1998 abolished the presumption off darling in comebacks, but it did not do so retrospectively. So if you're dealing well, offenses prior to the 30th of September 1998 and your client is a between 10 and 14 there is a legal presumption that he did not do the crime unless the prosecution can show that he must have known that what he was doing was Mawr than merely mischievous. More than merely wrong. He's only to be convicted if the Crown could show that he must have known that what he was doing. Waas seriously wrong. It's also important to point out that you can only overcome at the legal presumption of Dolly in Compaq's. If you're prosecuting in the case by evidence that he must have known that what he was doing was seriously wrong, which is evidence above and beyond the mere commission of the events. The Man commission of the offence is no sufficient. There must be additional evidence, and in PF and vagina, the crown did not place people. The court that evidence above and beyond the sexual offenses that he committed against his sisters on this had not rebutted the presumption of Dolly in Compaq's, unless the Court of Appeal had to quash the convictions on those two camps. 0.10 Regina and Arm Stone. Many counts of sexual events is guilty. Pleas were warranted. Gronckle, Judge. Eight years attorney general. No half a. I thought the sentence was unduly lenient, appealed to the court of Appeal. As we know the attorney general can, if he or she considers the stent is to be unduly lenient. The centre's replaced with one off 60 years and eight months, and in my view, that's a theme running through these appeals. Not always that you will find on many occasions that if the Court of Appeal with the attorney Gen Well, the sentence of your client is likely to be doubled fighting once 11 and 12 bust me, please be aware on the important date the first of May 2004 that was the date of bomb wits. The sexual events of that 2000 and three came into balls. Any sexual activity and cry to that goat will be governed by the Sexual Offenses Act 1956 which is a very different piece of legislation and covers such things as the young man's dependence. So game this is a player. Go onto legislation, dug up Top UK and download the sexual offenses at 2003 and the Sexual Offenses Act 1956 Do buried mine that you're going to need the old act. If the sexual activity took place prior to the first of May 2000 and four, you go to the police station. You never know what's going to be thrown at you in this a job, historical sexual allegations. And finally, 0.12. Don't forget what the Lord chief Justice said. In the case of Caylee and others, If your client wants to make full admissions particularly relevant, I would have thought in sexual matters on them or so with sexual matters that concerned Children. If your client wants to make admissions in the police station interview, that will be excellent piece of mitigation, whereby the judge might start the sentence at a lower starting point that he or she would otherwise have done and deduct thereafter. Whatever credit is coming, your clients way for his indication off an early guilty plane. Don't get me wrong. There may be jolly good reasons as to why you want to keep his power to drive that stage. I have a no comment. Well, they want Gosh, just go fast isn't your thing. We've come to the end and about 20 minutes. So you found that you spoke on. Thank you very much for watching this webinar on for listening to me. And I hope that you'll join me again in the not too distant future on another one of these data law bite sized webinars. Thank you.
Webinars
Slides
Quiz 
2347 Users
82 Courses
118 Reviews
