Ex-MP Charlie Elphicke convicted of sexual assault – The Guardian

Posted July 31st, 2020 in harassment, news, political parties, sexual offences by sally

‘The Conservative ex-MP Charlie Elphicke is facing jail after being found guilty of three counts of sexual assault against two women in a verdict that prompted his wife – who represents his former constituency – to announce the end of their marriage.’

Full Story

The Guardian, 30th July 2020

Source: www.theguardian.com

Grime artist Solo 45 jailed for 24 years for multiple rapes – The Guardian

Posted July 31st, 2020 in imprisonment, news, rape, sentencing, sexual offences, victims by sally

‘The grime artist Solo 45, whose real name is Andy Anokye, has been jailed for 24 years for holding four women against their will and raping them repeatedly.’

Full Story

The Guardian, 30th July 2020

Source: www.theguardian.com

What challenges do rape victims face in getting cases to court? – The Guardian

‘Rape prosecutions and convictions have halved in three years, prompting concerns that the offence is effectively being decriminalised. These are some of the challenges rape victims face in getting their cases to court.’

Full Story

The Guardian, 30th July 2020

Source: www.theguardian.com

Prosecution service under fire over record low rape convictions – The Guardian

‘The Crown Prosecution Service has faced a barrage of criticism after rape convictions in England and Wales fell to a record low, with police publicly censuring its charging policies and a judge paving the way for a landmark legal challenge.’

Full Story

The Guardian, 30th July 2020

Source: www.theguardian.com

Barclays Bank plc v Various Claimants: further blurring boundaries in employment status? – by Anna Williams – UK Human Rights Blog

‘In a judgment handed down on 1 April 2020, the Supreme Court reversed the decisions of Nicola Davies J (as she then was) and a unanimous Court of Appeal, allowing the appeal on the ground that no vicarious liability can lie for the acts of an independent contractor: Barclays Bank plc v Various Claimants (“Barclays”).’

Full Story

UK Human Rights Blog, 28th July 2020

Source: ukhumanrightsblog.com

English judges rule lying about fertility to sexual partner is not rape – The Guardian

Posted July 24th, 2020 in appeals, consent, deceit, news, rape, sexual offences, statutory interpretation by sally

‘A convicted rapist could make a bid for early release after winning an appeal in which judges ruled that lying to a sexual partner about being infertile is not rape.’

Full Story

The Guardian, 23rd July 2020

Source: www.theguardian.com

Supreme Court rules there is no right to privacy against “paedophile hunters” – an extended look – UK Human Rights Blog

‘In Sutherland v Her Majesty’s Advocate, the Supreme Court ruled unanimously that it was compatible with the accused person’s rights under ECHR article 8 to use evidence obtained by “paedophile hunter” (“PH”) groups in a criminal trial.’

Full Story

UK Human Rights Blog, 21st July 2020

Source: ukhumanrightsblog.com

One in 70 recorded rapes in England and Wales led to charge last year – The Guardian

‘Fewer than one in 70 recorded rapes resulted in a charge last year, as tens of thousands of victims did not support demands from police and prosecutors and withdrew from the process.’

Full Story

The Guardian, 17th July 2020

Source: www.theguardian.com

Data shows 900 women in UK affected by benefit cap ‘rape clause’ – The Guardian

‘Official figures show 900 women were forced to disclose that their child was conceived as a result of rape to claim social security help under the government’s two-child cap on benefits.’

Full Story

The Guardian, 17th July 2020

Source: www.theguardian.com

‘Sex attack ‘predator’ broke into Radcliffe homes at night’ – BBC News

Posted July 16th, 2020 in news, rape, sentencing, sexual offences, trespass by sally

‘A “sexual predator” who targeted women and girls in their own homes at night has been jailed for 15 years.’

Full Story

BBC News, 15th July 2020

Source: www.bbc.co.uk

‘Paedophile hunters’ do not violate right to privacy, Supreme Court rules as convict’s appeal dismissed – The Independent

Posted July 15th, 2020 in appeals, child abuse, deceit, internet, news, privacy, sexual offences, Supreme Court by sally

‘”Paedophile hunters” do not violate the right to privacy, the Supreme Court has ruled while dismissing a convict’s appeal.
Mark Sutherland was convicted after communicating with a member of an activist group, who he believed to be a 13-year-old boy. He appealed his conviction, arguing that his right to a private life and correspondence, enshrined in Article 8 of the European Convention on Human Rights. Delivering the Supreme Court’s ruling on Wednesday, Lord Sales said the appeal had been “unanimously dismissed”.’

Full Story

The Independent, 15th July 2020

Source: www.independent.co.uk

The 4 Principles Applicable to Telephone Disclosure by Giles Bridge – Broadway House Chambers

‘You are the witness to or the victim of a crime. The police officer says that they need you to hand over your mobile phone. The officer says it will be examined and all of the contents may be downloaded. The officer cannot say when you will get your phone back. There is a long backlog of phones waiting to be downloaded, it could be a couple of months. It’s your phone, you really rely upon it. Like most people, your average screen time has rocketed during lockdown. There is so much detailed and very personal information on that phone. You ask the officer, ‘Do you really need to take my phone?’ You are very reluctant to hand it over. The officer says, if you do not hand it over the case probably will not go any further. Discussions like this take place every day across the United Kingdom.’

Full Story

Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

A Local Authority v JB [2020] EWCA Civ 735 – Pump Court Chambers

‘In this recent decision the Court of Appeal has arguably reset the last 15 years of jurisprudence surrounding P’s capacity in regards of sexual relations. The previous case law focused on P’s ability to consent to such relations, and whether P understood the information relevant to that decision. Traditionally the ‘information relevant’ analysis took a protectionist stance, considering whether P understood the risks or pregnancy or sexual disease etc. This decision however makes it clear that information relevant to the decision, also includes the ability to understand the importance of a partner consenting to such relations.’

Full Story

Pump Court Chambers, 23rd June 2020

Source: www.pumpcourtchambers.com

Crime Team Newsletter – 33 Bedford Row

‘This month’s newsletter comprises articles from:

Nigel Edwards Q.C. and Daniel Walker– “Sentencing Serious Violent and Sexual Offenders”;

Ayesha Smart and Nigel Edwards Q.C. – “Section 13(1) Terrorism Act 2000 offences- are they strict liability?”;

Sharmila Salvi – “Second Post Mortem Examinations – The Defence Position”;

Andrew Kerr – “Adverse Inferences”; and

Rabia Mir – “How High Fiving Police Officers Turned Off a Jury”.’

Full Story

33 Bedford Row, 6th July 2020

Source: www.33bedfordrow.co.uk

The Criminal Procedure Rules – Not Just for Decoration by Paul Canfield – Broadway House Chambers

‘The recent case of R v Smith [2020] EWCA Crim 777 highlighted just how important the Criminal Procedure Rules are, and how, despite the pressures that practitioners face, they must be complied with to deal with any disputes surrounding evidence or procedure that may arise.’

Full Story

Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

Ex-Labour MP faces jail after admitting child abuse image offence – The Guardian

‘The former Labour MP Eric Joyce is facing a prison sentence and has been ordered to sign the sex offenders’ register after he admitted to making an indecent image of a child.’

Full Story

The Guardian, 7th July 2020

Source: www.theguardian.com

Major failures led to accidental release of serial rapist, report finds – The Guardian

‘Significant failings by prison and probation staff, and a policy of not recalling high risk prisoners to alleviate pressure on a growing prison population, saw serial rapist Joseph McCann mistakenly freed from jail to attack 11 women and children, a review has found.’

Full Story

The Guardian, 30th June 2020

Source: www.theguardian.com

Over £46m paid to survivors of abuse at Lambeth children’s homes – The Guardian

‘A survivors’ group has secured a total of more than £46m compensation for 1,340 people who suffered “horrific” abuse in children’s care homes that were infiltrated by paedophiles over several decades.’

Full Story

The Guardian, 25th June 2020

Source: www.theguardian.com

Suspension suffices for doctor’s online sexual misconduct – UK Human Rights Blog

‘GMC v Awan concerns a GP’s sexually motivated online chat with someone posing as 13 year old child. The GMC’s appeal under section 40A of the Medical Act 1983 was dismissed by Mostyn J and the 9-month suspension imposed by the Tribunal was upheld.’

Full Story

UK Human Rights Blog, 19th June 2020

Source: ukhumanrightsblog.com

Barrow rape claims trial faces long delay due to coronavirus backlog – The Guardian

‘A 19-year-old woman from Barrow accused of making up allegations of sexual exploitation against five men may not stand trial until August 2021 because of legal delays caused by the coronavirus pandemic.’

Full Story

The Guardian, 19th June 2020

Source: www.theguardian.com