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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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