Podcast Location:
Download it here [file size: 39.5 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast explains the provisions relating to consent under the Sexual Offences Act 2003. It looks more specifically at the level of clarity surrounding this area of the law and the Court of Appeal’s recent decision in R v McNally (2013) concerning deception as to gender and consent.

Outcomes:
After completing the course you will:
  • Have considered some situations in which it will be presumed someone has not consented to sexual activity;
  • Know the facts in R v McNally (2013) EWCA Crim 1051;
  • Appreciate circumstances in which someone cannot consent to sexual activity;
  • Have considered the position in relation to deception as to the ‘nature and purpose of the act’ before the Sexual Offences Act 2003;
  • Know whether the conclusive presumptions as set out in Section 76 of the Sexual Offences Act 2003, applied in R v McNally (2013) EWCA Crim 1051.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Assange v Swedish Prosecution Authority [2012] UKSC 22;
  • R v B [2013] EWCA Crim 3;
  • R v Devonald [2008] EWCA Crim.527;
  • R (on the application of F) v The Director of Public Prosecutions and “A” [2013] EWHC 945 (Admin);
  • R v Flattery (1877) 2 QBD 41;
  • R v Linekar [1995] 2 Cr App R 49;
  • R v McNally [2013] EWCA Crim 1051;
  • R v Tabassum [2000] 2 Cr App R 328;
  • Sexual Offences Act 2003.
Tags:

In this two part CPDcast series Tom Wainwright, a criminal barrister from Garden Court Chambers discusses the difficulties that arise surrounding the issue of consent under the Sexual Offences Act 2003.

Date Recorded: 22nd January 2014

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