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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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