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07 June 2007
Issue: 7276 / Categories: Case law , Criminal
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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

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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