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Criminal Law
CPD Points:
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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:
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Listen only, gain ½ a CPD point (30 minutes)

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

This podcast aims to provide the listener with a guide to the statutory framework for underage sex and focuses primarily on the provisions relating to 'statutory rape'. This podcast will also look at the factors relevant to the CPS's decision to charge a child with a sexual offence, providing assistance to practitioners wishing to challenge such a decision by way of judicial review.

After completing the course you will:
  • Know the circumstances in which a prosecution of a sexual offence against a child will be appropriate;
  • Understand how proportionality relates to the question of whether or not to charge;
  • Know some of the case law relating to judicial reviews of the decision to prosecute;
  • Be aware of the alternative charges for sexual activity for those under 17 years old;
  • Know the circumstances when the a child found guilty must sign the Sexual Offences Register and when they will face other sanctions such as disqualification and notification;
  • Be aware of the range of overlapping offences relating to young persons over the age of 13 but under 17 Sexual Offences Act 2003;
  • Understand what law reform may be necessary in this are and the current proposals in law and prosecutor's guidance.
Intermediate Difficulty: 3 of 5
Case Update
Legal Principles
Legislative Updates
Sources and References:
  • Sexual Offences Act 2003 ss. 1, 5-8, 9-12, 13;
  • R v Young (1990) 12 Cr.App.R(S) 279;
  • R (on application of S) v DPP [2006] EWHC 2231 (Admin);
  • R v G [2006] EWCA Crim 821;
  • R (on the application of D) v Central Criminal Court [2004] 1 Cr.App.R. 41;
  • R v Chief Constable of Kent, ex p. L, R v DPP, ex parte B [1991] 93 Cr.App.R 416.

In this podcast, Felicity Gerry, criminal barrister specialising in children's sexual abuse, looks at the criminal offences contained in the Sexual Offences Act 2003 concerning sexual activity with and between children and those below the age of consent.

Felicity draws on established case law and cases she has been involved in to illustrate the contention surrounding both consensual and non-consensual sexual intercourse between children.

Podcast added: 23/11/09

Podcast last reviewed: 2011-07-25

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