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

This two-part CPDcast series explores the law surrounding underage sex and the rape of children. The Sexual Offences Act 2003 made many changes to the law governing this area and received significant criticism particularly regarding the way in which it criminalised all consensual sexual activity between children, followed by guidance saying that these cases should almost never be prosecuted. The dual function of protecting children from paedophiles and abusive sexual acts whilst ensuring that consensual, non abusive sexual relationships between minors is not unnecessarily punished can be confusing for criminal justice practitioners and lay people alike. When will sex with an under 16 year old be prosecuted? And how will the CPS approach the decision to charge? In this podcast series Felicity Gerry, helps to unpick and clarify this controversial area of law and explain how prosecutors and the courts will approach these cases.

Outcomes:
After completing the course you will:
  • Understand the legal framework governing this area;
  • Know the rules concerning rape by an adult of a child;
  • Understand the law concerning child sex offences committed by children or young persons;
  • Appreciate how the decision whether or not to prosecute is made and what factors should be considered by prosecutors when making this decision;
  • Understand how the CPS will determine whether to charge in circumstances in which the defendant believes a child to be 13 or over;
  • Understand how a decision to prosecute might be challenged, either by way of judicial review or under the ECHR;
  • Know where such cases are tried;
  • Be familiar with the penalties available for the different offences under the SOA 2003 concerning children and the way the courts have approached sentencing in these cases.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Read Felicity Gerry's Article for StretLaw on this topic;
  • The Sexual Offences Handbook;
  • R (D) v Central Criminal Court [2004] 1 Cr App R 41;
  • R (on the application of Tolhurst) v Crown Prosecution Service 2008 (unreported);
  • R v (1) C (2) A (3) E (4) S (5) F (6) D (2011) [2012] 1 Cr App R (S) 74;
  • R v BEN CORRAN : R v C : R v KEVIN PHILLIP HEARD : R v ANTHONY MICHAEL WILLIAMS (2005) 2005] 2 Cr App R (S) 73;
  • R v Chief Constable of Kent and Another, ex parte L; R v DPP, ex parte B (1991) 93 Cr App R 416;
  • R v G and the Secretary of State for the Home Department [2006] EWCA Crim 821;
  • R. v Millberry (William Christopher) [2002] EWCA Crim 2891, [2003] 1 W.L.R. 546;
  • Re G [2008] UKHL 37;
  • S v DPP [2006] EWHC 2231;
  • See www.cps.gov.uk.

In this two-part CPDcast series, Felicity Gerry, a criminal barrister from 36 Bedford Row discusses the law surrounding underage sex and the rape of children.

Date recorded: 17th April 2012

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