header-logo header-logo

07 June 2007
Issue: 7276 / Categories: Case law , Criminal
printer mail-detail

Crime brief

Sentencing sex offences
Kidnapping and deprivation of liberty
Sentencing terrorism offences
Youths: when is a crime grave?
Extradition—when warrants conflict
Doli incapax: Alive and well?
Parole: timing and compensation

Sexual Offences Act 2003: Definitive Sentencing Guidelines

The Sentencing Guidelines Council has issued definitive guidelines for offences under the Sexual Offences Act 2003. It is the duty of every court to “have regard” to the guidelines (Criminal Justice Act 2003 (CJA 2003), s172 ). The guidelines apply to all defendants sentenced on or after 14 May 2007 irrespective of when the offence was committed. The guidelines make clear that there is to be no distinction in relation to penalties for male and female defendants (with the obvious exception of primary offenders in rape cases), and that the gender of the victim will, in most cases, be irrelevant.

Assessing seriousness

The court will consider three factors when assessing the seriousness of the offence: degree of harm to the victim; level of offender’s culpability; and the risk posed to society by the offender.

Harm caused

Courts need to be careful

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
Consumers’ association Which? has applied to withdraw from its five-year £480m class action against smartphone chipset provider Qualcomm, following an agreement between the parties
back-to-top-scroll