SEXUAL OFFENCES PREVENTION ORDERS.
|
|
- Everett Stafford
- 7 years ago
- Views:
Transcription
1 SEXUAL OFFENCES PREVENTION ORDERS. The powers of the Courts in relation to sexual offences prevention orders ( SOPO ) are contained in ss.104 to 113 of the Sexual Offences Act 2003 ( SOA ). Who, When and Where? Orders can be made in: The Crown Court, Magistrates Court or Youth Court upon sentencing someone for an offence contained in Schedule 3 or 5 of SOA; or The Magistrates upon a complaint being laid by a chief officer of police in relation to a qualifying offender. Sections SOA contain all of the eligibility criteria for imposition of an order. Note that it is not just those guilty or cautioned for a sexual offence that are subject to the regime, Schedule 5 lists other offences, which act as a trigger to make other persons eligible to have a SOPO imposed on them. They include, murder, manslaughter, actual bodily harm, assaulting an officer preserving a wreck, carrying a firearm with criminal intent, theft, aggravated vehicle taking, hijacking, violent disorder, causing death by dangerous driving, harassment, racially aggravated assaults and genocide, amongst others! Crown Office Row Chambers 1 laura.turner@1cor.com
2 Exceedingly Civil Proceedings. Although they may not seem it to anyone involved in them, SOPO proceedings are civil proceedings. The fact that they are civil proceedings has a profound effect on the evidential and procedural nature of how cases are prepared and presented. The following are the key factors to be alive to when preparing and presenting SOPO cases: The Standard of Proof: The Divisional Court have confirmed that SOPO proceedings are civil in nature but have stated that the bare balance of probabilities test is not the standard of proof to be applied (B v Chief Constable of the Avon and Somerset Constabulary (2001) 1 WLR 340). In determining whether a person has a conviction/caution for an appropriate trigger offence making them eligible for a SOPO to be imposed, a standard equivalent to the criminal standard of proof should be applied. In deciding whether an order is necessary to protect the public from serious sexual harm from the Respondent, the court should apply the civil standard (ie. the balance of probabilities) with the strictness appropriate to the seriousness of the matters to be proved and the implications of proving them. The flexible civil standard can be used to the advantage of the Respondent when the Applicant is trying to prove behaviour that has not led to a criminal conviction. The more Crown Office Row Chambers 2 laura.turner@1cor.com
3 serious and damning the allegations against your client are, the harder it should be for the Applicant to prove them. Hearsay Evidence: As the proceedings are civil in nature, hearsay evidence is admissible. The Crown Court has no set rules for the admission of hearsay evidence [but the general principles that are established in the Magistrates Courts Rules should be followed though - R v W and F (2007) 1 WLR 339]. The Magistrates Court has statutory procedural regime for the admissibility of hearsay evidence - The Magistrates Court (Hearsay Evidence in Civil Proceedings) Rules Is the notice served valid? Section 3 of the rules gives a time limit for hearsay notices and sets out in detail what information the hearsay notice served by the Applicant must contain. If you consider the Applicant s notice to be defective, tell them that you will not respond until a valid notice is served. Do you need to make an application for witnesses to be called for cross-examination? If a valid hearsay notice is served and you wish to challenge the hearsay evidence, make an application under section 4 of the rules for witnesses to be called for cross-examination. Note Crown Office Row Chambers 3 laura.turner@1cor.com
4 the short time limit of 7 days to respond to a hearsay notice. The application must state why the person should be called for cross-examination. The weight of hearsay evidence. If the Applicant does adduce hearsay evidence it is open to the Respondent to invite the Court to attribute less weight to that evidence than it would if that evidence were not hearsay. Section 4 of The Civil Evidence Act 1995 outlines factors the Court should have regard to when determining the weight of hearsay evidence. Note that a failure by the Applicant to serve a hearsay notice does not affect the admissibility of the hearsay evidence but that such a failure can be relied on as a matter adversely affecting the weight to be given to the evidence (s. 2(4) Civil Evidence Act 1995). Directions Given By the Court. As the proceedings are civil a very different approach is required to preparation of the case. The Court will give directions as to the filing of evidence and any other relevant matters. It is important that at the outset you know what directions you want the Court to make and that you have involvement in making the directions so that achievable deadlines are set for anything that has be filed on behalf of the Respondent. Always file a statement from the Respondent where possible this is rarely done and is a big mistake for three key reasons: Crown Office Row Chambers 4 laura.turner@1cor.com
5 1. Given that they are civil proceedings the Court is within its right to say that the parties can only rely on any evidence that they serve. 2. Having a prepared statement will make the Respondent seem more like a witness and less like a defendant in a criminal trial. 3. The Court will be given a trial bundle in advance - you want them to have read the Respondent s version of events as well as the Applicant s before they begin the case. In addition to seeking directions for the filing of evidence, directions for the filing of skeleton arguments are very useful although you may think that you are creating extra work for yourself, it actually makes things a lot easier in the long run. Expert Evidence: Risk Assessment. Expert evidence as to the propensity of the defendant to commit further sexual offences is admissible within proceedings to assist the Court to determine whether an order is necessary to protect the public from serious sexual harm (Jones v The Greater Manchester Police Authority [2001] EWCH Admin 189). Serious sexual harm means serious physical or psychological harm. Note that despite any similarity of working to the dangerousness provisions in s of the Criminal Justice Act 2003 the Court of Appeal has held that the two regimes operate independently - thus one could be dangerous but not fulfil the criteria for a SOPO and vice Crown Office Row Chambers 5 laura.turner@1cor.com
6 versa (see R v Rampley [2006] EWCA Crim 2203, CA and R v Richards [2006] EWCA Crim 2519, CA for the reasoning). The Court has to carry out its own risk assessment irrespective of any decisions that may have been taken upon sentencing the Respondent. If the Applicant has expert evidence indicating the Respondent has a strong propensity to offend you have to consider how this can be challenged most likely through crossexamination of the person who conducted the assessment, but it is always open to the Respondent to file his own expert evidence on the risk he poses. Probably the Most Important Part The Terms. Each of the terms of the order have to be necessary. Even if the Respondent has a very weak case, do not just submit to the order without considering whether the terms sought are appropriate. When looking at the terms of the order being sought have the following in mind: Do all of the terms make sense? Complex terms should be avoided clear, simple English is required. Do the terms actually target the behaviour that the police have proved has been occurring? Crown Office Row Chambers 6 laura.turner@1cor.com
7 The terms need to be behaviour specific connected to potential sexual offending and the Respondent s actual behaviour. Are the terms proportionate? The terms should do no more than is necessary to control the Respondent s behaviour and protect victims. There is a balance to be drawn between the level of protection required and the restriction of liberty placed on the Respondent. Do the terms actually restrict the Respondent s behaviour in a way such as to prevent a sexual offence occurring as opposed to punishing him for committing a further offence? A term that specifically prevents behaviour that is a criminal offence, this should not generally occur if the penalty for the criminal offence itself would be deterrent and sanction enough. Do the terms impinge on the Respondent s right to a family life? This question is usually most pertinent in relation to Respondent s who have been convicted of crimes in relation to children and who have children of their own or other close family members who are children. Orders may need to make provision for the family courts to decide whether the Respondent can have contact with specific children (see R v D (2006) 1 WLR 1088 for discussion on how to protect children of a defendant). Remember that the terms of the order can be varied Crown Office Row Chambers 7 laura.turner@1cor.com
8 Very wide general terms should be avoided if the Applicant tries to argue that specific terms would allow the Respondent to modify his behaviour and exploit loopholes point out to them that they do have the power to apply to vary the terms of the order in the future if required. Crown Office Row Chambers 8 laura.turner@1cor.com
PART 50 BEHAVIOUR ORDERS
Contents of this Part PART 50 BEHAVIOUR ORDERS When this Part applies rule 50.1 Behaviour orders: general rules rule 50.2 Application for behaviour order and notice of terms of proposed order: special
More informationSexual offences prevention orders after R. v. Smith
Sexual offences prevention orders after R. v. Smith Sexual Offences Prevention Orders (SOPO s) were introduced by the Sexual Offences Act 2003 ss104-113 and have recently been extensively reviewed by the
More informationThe Criminal Procedure Rules October 2015 PART 9 ALLOCATION AND SENDING FOR TRIAL
Contents of this Part PART 9 ALLOCATION AND SENDING FOR TRIAL General rules When this Part applies rule 9.1 Exercise of magistrates court s powers rule 9.2 Matters to be specified on sending for trial
More informationDefendants charged with serious violent and sexual offences (including murder)
Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that
More informationThe Code. for Crown Prosecutors
The Code for Crown Prosecutors January 2013 Table of Contents Introduction... 2 General Principles... 3 The Decision Whether to Prosecute... 4 The Full Code Test... 6 The Evidential Stage... 6 The Public
More informationPART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT
Contents of this Part PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT When this Part applies rule 37.1 General rules rule 37.2 Procedure on plea of not guilty rule 37.3 Evidence of a witness in person
More informationRACE CRIME AND SECTARIAN CRIME LEGISLATION IN NORTHERN IRELAND. A Summary Paper
RACE CRIME AND SECTARIAN CRIME LEGISLATION IN NORTHERN IRELAND A Summary Paper Northern Ireland Office November 2002 RACE CRIME AND SECTARIAN CRIME LEGISLATION IN NORTHERN IRELAND: A CONSULTATION PAPER
More informationModern Slavery Act 2015
Modern Slavery Act 2015 CHAPTER 30 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 14.25 Modern Slavery Act 2015 CHAPTER 30 CONTENTS PART 1
More informationA. APPLICABILITY OF GUIDELINE
1 Reduction in Sentence for a Guilty Plea Draft Guideline A. APPLICABILITY OF GUIDELINE The Sentencing Council issues this guideline as a draft guideline in accordance with section 120 of the Coroners
More informationVictims of Crime the help and advice that s available
Details about Victim Support Your local Victim Support Scheme is: Victims of Crime the help and advice that s available You can also contact the Victim Supportline on: 0845 30 30 900 Or, if you prefer,
More informationGuide to Criminal procedure
Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding
More informationIndecent photographs of children
Sexual Offences Guideline Consultation 251 Possession of indecent photograph of child Criminal Justice Act 1988 (section 160) Triable either way Maximum: 5 years custody Offence range: Community order
More informationVictims of violent crime
Victims of violent crime What can I do if I am the victim of violent crime? Report the crime to the Police. If it is an emergency, call 000. Otherwise, you can either go to the nearest police station or
More informationBurglary Offences Definitive Guideline DEFINITIVE GUIDELINE
Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE Burglary Offences Definitive Guideline 1 Contents Applicability of guideline 2 Aggravated burglary (Theft Act 1968, section 10) 3 Domestic burglary
More informationSecuring safe, clean drinking water for all
Securing safe, clean drinking water for all Enforcement policy Introduction The Drinking Water Inspectorate (DWI) is the independent regulator of drinking water in England and Wales set up in 1990 by Parliament
More informationAbusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2]
Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Section CONTENTS PART 1 ABUSIVE BEHAVIOUR Abusive behaviour towards partner or ex-partner 1 Aggravation of offence where abuse
More informationHackney Carriage and Private Hire Drivers. Guidelines to Convictions, Police Cautions and Motoring Offences
Hackney Carriage and Private Hire Drivers APPENDIX 5 Guidelines to Convictions, Police Cautions and Motoring Offences Purpose of this Guidance - New Licences Licences may only be granted where the Council
More information10 Victims and the law 57
10 Victims and the law 57 10: Victims and the law This section gives a summary of the law in relation to victims of crime. Introduction The court may call a victim as a witness in a criminal case. However,
More informationCriminal convictions
Criminal convictions This document offers further guidance on criminal convictions. Note that it is just a guide. Eligibility will depend on the nature and circumstances of the offence. It is not possible
More informationINFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED
INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.
More informationCouncil Tax Reduction Anti-Fraud Policy
Council Tax Reduction Anti-Fraud Policy Richard Davies Head of Revenues and Benefits, Torfaen Head of Benefits, Monmouthshire April 2015 1 Contents Section 1. 3 Background 3 Legislation and Governance
More informationThe support you should get if you are a victim of crime
The support you should get if you are a victim of crime This is an EasyRead booklet showing you what to do. About this booklet The Ministry of Justice wrote this information. This is an EasyRead guide
More informationHACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER S LICENCES GUIDELINES RELATING TO THE RELEVANCE OF CONVICTIONS
HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER S LICENCES Introduction GUIDELINES RELATING TO THE RELEVANCE OF CONVICTIONS In the Council s view this statement and the guidelines that follow are compatible
More informationMaking a Victim Personal Statement
Making a Victim Personal Statement Victims have a right to explain how a crime has affected them A guide for all criminal justice practitioners Part 1 About this guide The Victim Personal Statement (VPS)
More informationIncreasing the Magistrates Court fine limit Equality Impact Assessment
Increasing the Magistrates Court fine limit Equality Impact Assessment Introduction The Ministry of Justice tabled Government amendments at the Commons Report stage of the Legal Aid, Sentencing and Punishment
More informationAdult Plea Negotiation Guidelines
From the office of the Rice County Attorney: Adult Plea Negotiation Guidelines Revision June, 2004 1. These guidelines apply to any adult felony defendant case prosecuted by this office, which is not disposed
More informationFROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS
FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes
More informationThe Code. for Crown Prosecutors
The Code for Crown Prosecutors February 2010 This booklet is available in: (Bengali) (Punjabi) (Gujurati) (Welsh) (Tamil) (Traditional Chinese) (Somali) (French) (Polish) (Arabic) (Urdu) Introduction 1.1
More informationMaking a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you
Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement
More informationSPECIALIST 24 HR CRIMINAL DEFENCE
SPECIALIST 24 HR CRIMINAL DEFENCE What happens at the Police Station? Often the most important stage in any case is what happens in the police station. In most cases you will be under arrest and it may
More informationPeace Bond Process. What is a Peace Bond? Contents
Peace Bond Process October 2010 Contents Peace Bond Basics 2 The Process 3 Protecting Privacy 5 Joint Peace Bonds 9 The purpose of this brochure is to help guide you through the process of acquiring a
More informationLUTON BOROUGH COUNCIL. Taxi and Private Hire Licensing. Convictions and Fitness Policy
1 Introduction LUTON BOROUGH COUNCIL Taxi and Private Hire Licensing Convictions and Fitness Policy 1.1. The purpose of this Policy is to provide guidance on the criteria used by the Council when determining
More informationA Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness
A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness Service and the Senior Presiding Judge for England and Wales on Reading
More informationCriminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015
Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 About this guidance An overview of appeals Appeals relating to immigration enforcement investigation cases The
More informationMaking a Victim Personal Statement
Making a Victim Personal Statement Your chance to explain how the crime has affected you VPS. Every crime has a victim. Every victim deserves a voice. Contents About this leaflet 01 About the VPS 03 How
More informationVictims of Crime. support and advice in Gloucestershire CRIMINAL JUSTICE SYSTEM
3 Victims of Crime support and advice in Gloucestershire The police will pass information about you to Victim Support so that they can offer you help and support, unless you ask the police not to. The
More informationDisqualification Under the Totting Up Provisions and Arguments of Exceptional Hardship
Disqualification Under the Totting Up Provisions and Arguments of Exceptional Hardship Road traffic legislation is considerable, technical and complex. With a plethora of offences created Smith and Hogan,
More informationS G C Sentencing Guidelines Council Robbery Definitive Guideline
S G C Sentencing Guidelines Council Robbery Definitive Guideline FOREWORD In accordance with section 170(9) of the Criminal Justice Act 2003, the Sentencing Guidelines Council issues this guideline as
More informationThe criminal and civil justice systems in England and Wales
The criminal and civil justice systems in England and Wales Introduction Important differences exist between UK civil and criminal proceedings that have implications for fraud investigations, including
More informationATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD
ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD A FOREWORD A1. These Guidelines set out a process by which a prosecutor may discuss an allegation of serious or complex
More informationSexual Offences Definitive Guideline DEFINITIVE GUIDELINE
Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 7 Rape and assault offences 9 Rape 9 Sexual Offences Act 2003 (section 1) Assault by penetration 13 Sexual
More informationAssault Definitive Guideline DEFINITIVE GUIDELINE
Assault Definitive Guideline DEFINITIVE GUIDELINE Assault Definitive Guideline 1 Contents Applicability of guideline 2 Causing grievous bodily harm with intent to do grievous bodily harm/wounding with
More informationTABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram...
A Guide to the Homicide Criminal Justice Process P a g e 2 TABLE OF CONTENTS Homicide Case Flowchart...3 Overview of Homicide Trial...4 Location of Local Court Houses...5 General Courtroom Diagram...6
More informationDid the Punishment Fit the Crime?
Teenagers and Criminal Justice Did the Punishment Fit the Crime? Fact Situation Hi, my name is Costas and I m 16. I spent my summer at the courthouse. I was on trial and was found guilty of killing a guy
More informationREPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL. Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM. Date: 27 th October 2009
REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM Date: 27 th October 2009 Officer Reporting: Brian Martin, Community Safety Manager Contact Officer(s):
More informationPART 33 EXPERT EVIDENCE
Contents of this Part PART 33 EXPERT EVIDENCE When this Part applies rule 33.1 Expert s duty to the court rule 33.2 Introduction of expert evidence rule 33.3 Content of expert s report rule 33.4 Expert
More informationExplanatory Notes to Criminal Justice And Court Services Act
Explanatory Notes to Criminal Justice And Court Services Act 2000 Chapter 43 Crown Copyright 2000 Explanatory Notes to Acts of the UK Parliament are subject to Crown Copyright protection. They may be reproduced
More informationFranklin County State's Attorney Victim Services
Franklin County State's Attorney Victim Services FREQUENTLY ASKED QUESTIONS What type of services and information can I get through Victim Services Program? A Victim Advocate will be assigned to assist
More informationSeveral aspects of the law regarding murder have been criticised and it is argued by some that the law is need of updating and clarification.
bits of law CRIMINAL Offences Against The Person Murder: Evaluation & Reform Study Note A Level 18 SEPTEMBER 2011 Introduction Several aspects of the law regarding murder have been criticised and it is
More informationBail and Remand The Scottish Executive Action Plan
Bail and Remand The Scottish Executive Action Plan The Scottish Executive Action Plan Crown copyright 2005 ISBN: 0-7559-4852-1 Scottish Executive St Andrew's House Edinburgh EH1 3DG Produced for the Scottish
More informationGlossary. To seize a person under authority of the law. Police officers can make arrests
Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers
More informationALLOCATING CRIME FOR TRIAL IN ENGLAND AND WALES
2003] Allocating Crime in England and Wales 32 ALLOCATING CRIME FOR TRIAL IN ENGLAND AND WALES THE HON. MR. JUSTICE CHRISTOPHER PITCHERS * I. GENERAL A. BY OFFENCE TYPE There are three types of offence:
More informationCriminal Law. We re on your side. Petherbridge Bassra. Your Local Solicitors
Criminal Law We re on your side is a Bradford firm helping clients with cases close to home, nationally and internationally. These pages will tell you what we do and how we do it and naturally we will
More informationThe Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act
EMERGENCY PROTECTION FOR VICTIMS 1 The Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act being Chapter E-8.2 of the Statutes of Saskatchewan, 2002 (effective October 1, 2002)
More informationPROGRAM AUTHORIZATION
PROGRAM AUTHORIZATION A Restorative Justice Program as set out in the document Restorative Justice: A Program for Nova Scotia, Department of Justice, attached as Schedule "A" ("the Program"), is hereby
More informationThe Federal Criminal Process
Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case
More informationUSING CRIMINAL AND CIVIL LAW TO DEAL WITH ORGANISED RACIST ACTIVITY
SAFE COMMUNITIES INITIATIVE DEFEATING ORGANISED RACIAL HATRED USING CRIMINAL AND CIVIL LAW TO DEAL WITH ORGANISED RACIST ACTIVITY INTRODUCTION Organised groups and their members must operate within the
More informationInformation for witnesses going to court
Information for witnesses going to court Useful telephone numbers Witness Service...440496 Victim Support...440496 Women s Refuge...08007 356836 (freephone) Citizen s Advice Bureau...08007 350249 (freephone)
More informationCROWN OFFICE AND PROCURATOR FISCAL SERVICE PROSECUTION CODE. Page 13. Arabic Bengali Chinese Hindi Punjabi Urdu
CROWN OFFICE AND PROCURATOR FISCAL SERVICE PROSECUTION CODE Page 13 Arabic Bengali Chinese Hindi Punjabi Urdu > STRATEGIC AIM AS A DEPARTMENT OF THE SCOTTISH EXECUTIVE, WE AIM TO PLAY A PIVOTAL ROLE IN
More informationAssess the purpose of the Criminal Justice System and the role of the Ministry of Justice.
Assess the purpose of the Criminal Justice System and the role of the Ministry of Justice. Introduction Justice is a concept, a concept of moral rightness based on ethics, rationality, law or religion
More informationHANDOUT 1: Purpose and Principles of Sentencing in Canada
HANDOUT 1: Purpose and Principles of Sentencing in Canada Principles of Sentencing The Criminal Code of Canada outlines the principles and purpose of sentencing in s. 718. These principles are placed in
More informationUnderstanding Consent to Sexual Activity. Public Legal Education and Information Service of New Brunswick
Understanding Consent to Sexual Activity Public Legal Education and Information Service of New Brunswick NO means NO Understanding Consent to Sexual Activity This pamphlet provides information on what
More informationBill C-20 An act to amend the Criminal Code (Protection of children and other vulnerable persons) and the Canada Evidence Act
Bill C-20 An act to amend the Criminal Code (Protection of children and other vulnerable persons) and the Canada Evidence Act The Canadian Resource Centre for Victims of Crime is a national, non-profit
More information7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ
7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to
More informationCommunity Legal Information Association of PEI, Inc. Sexual Assault
Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is
More informationDangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE
Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Owner or person in charge of a dog dangerously out of control in a public place, injuring any person
More informationGUIDELINES TO THE RELEVANCE OF CONVICTIONS FOR HACKNEY CARRIAGE / PRIVATE HIRE DRIVER LICENCE APPLICANTS
Introduction GUIDELINES TO THE RELEVANCE OF CONVICTIONS FOR HACKNEY CARRIAGE / PRIVATE HIRE DRIVER LICENCE APPLICANTS It is an absolute requirement for any person completing an application to disclose
More informationRACIST AND RELIGIOUS INCIDENT MONITORING ANNUAL REPORT 2006 2007
RACIST AND RELIGIOUS INCIDENT MONITORING ANNUAL REPORT 26 27 Management Information Branch December 27 LIST OF CONTENTS Racist Incident Monitoring Scheme Page No. Introduction 2 Part 1: Racist Incidents
More informationVictims of Crime. information leaflet. Working together for a safer Scotland
Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support
More informationModel Spent Convictions Bill - Consultation paper
Model Spent Convictions Bill - Consultation paper Background The Standing Committee of Attorneys-General is working on a project to design a national model Bill for a spent-convictions scheme. A spentconvictions
More informationFORMAL MEMORANDUM ENQUIRIES AS TO WITNESS CREDIBILITY. Table of Contents
FORMAL MEMORANDUM ENQUIRIES AS TO WITNESS CREDIBILITY Table of Contents Introduction...1 Commission Enquiries...2 Police National Computer (PNC)...3 Police National Database (PND)...3 Social Services Department
More informationInformation for victims of crime
This leaflet sets out what you can expect from key service providers as a victim of crime. It also contains information about organisations that you can contact for free advice, practical information or
More informationVictim Personal Statement. Procedure
Victim Personal Statement Procedure Reference No. P15:2001 Implementation date and version number 6 th Sept 2010 (Version 1.7) Overarching Dorset Policy Linked document Reference No / Name. P04-2007 Vulnerable
More informationCHALLENGING CRIMINAL HISTORY CALCULATIONS
CHALLENGING CRIMINAL HISTORY CALCULATIONS I. Challenging Predicates for Career Offender! The Basic Rule for Career Offender 4B1.1 A defendant is a career offender if: 1. The defendant is at least 18 years
More informationA public protection order is a court order that will allow the detention of very high risk individuals at a secure facility within prison precincts.
Q+A - Public Safety (Public Protection Orders) Bill What are public protection orders (PPO)? A public protection order is a court order that will allow the detention of very high risk individuals at a
More informationThe Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION
Contents of this Part PART 17 EXTRADITION Section 1: general rules When this Part applies rule 17.1 Meaning of court, presenting officer and defendant rule 17.2 Section 2: extradition proceedings in a
More informationHigh School Law Project This program is funded by the Law Foundation of Ontario. Youth Criminal Justice Act. Table of Contents
High School Law Project Youth Criminal Justice Act Table of Contents Lesson Plan - To Be Completed Before the Lesson 2 Lesson Plan Summary (Day 1).. 3 Lesson Plan Summary (Day 2).. 4 Lesson Plan Detailed
More informationThis chapter will focus on your right to a lawyer, the different ways to get a lawyer, and what you should expect from your lawyer.
Chapter 3: Getting a Lawyer This chapter will focus on your right to a lawyer, the different ways to get a lawyer, and what you should expect from your lawyer. It is always best to get a lawyer. Other
More informationPolicy on the Relevance of Convictions and Cautions
Policy on the Relevance of Convictions and Cautions Consideration of the Grant, Renewal, Suspension or Revocation of Hackney Carriage and Private Hire Driver s Licences, Vehicle Operators and Vehicle Proprietors
More informationStatement of Policy and Guidelines relating to the relevance of Convictions, Formal /Simple Cautions, Complaints and/or other matters
Statement of Policy and Guidelines relating to the relevance of Convictions, Formal /Simple Cautions, Complaints and/or other matters Approved and adopted 27 October 2004 Revised: Licensing & Appeals Committee
More informationPsychoactive Substances Act 2016
Psychoactive Substances Act 2016 CHAPTER 2 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately Psychoactive Substances Act 2016 CHAPTER 2 CONTENTS
More informationVictims of Crime Act
Victims of Crime Act PURPOSE Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act [31-26-1 NMSA 1978] to assure that: A. the full impact of a crime is brought
More informationPolice Officers who Commit Domestic Violence-Related Criminal Offences 1
PUBLIC DOCUMENT Association of Chief Police Officers of England, Wales and Northern Ireland Police Officers who Commit Domestic Violence-Related Criminal Offences 1 This is an ACPO policy relating to police
More informationCRIMINAL RECORD AND ABUSE HISTORY VERIFICATION
WHEN AND HOW TO FILE CRIMINAL RECORD AND ABUSE HISTORY VERIFICATION When did this form go into effect? September 2013 Who must file this form? Anyone who files a "Complaint for Custody" or a "Petition
More informationCrimes (Serious Sex Offenders) Act 2006 No 7
New South Wales Crimes (Serious Sex Offenders) Act 2006 No 7 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 5 Definitions of serious sex offence
More informationGuidance on health and character
Guidance on health and character Who is this document for?... 2 About the structure of this document... 2 Section 1: Introduction... 4 About us (the HPC)... 4 How we are run... 5 About registration...
More informationAmendments to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Equality Impact Assessment
Amendments to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Equality Impact Assessment Introduction This Equality Impact Assessment (EIA) relates to amendments to the Legal Aid, Sentencing
More informationResources Directorate Council Tax Reduction Scheme Sanction Policy
Internal Ref: 19-02-51 Review date January 2016 Version No. V1.1 Resources Directorate Council Tax Reduction Scheme Sanction Policy Copyright North East Lincolnshire Council. All rights reserved including
More informationWhere can I get help after a sexual assault?
Sexual Assault What is assault? Assault is when someone uses force to hurt you. Slapping, kicking and pushing can be assault. Sometimes touching can be an assault. Threatening or trying to hurt someone
More informationDisability Hate Crime. Policy for Prosecuting Cases of
Disability Hate Crime Policy for Prosecuting Cases of Disability Hate Crime Crown Copyright 2007 Contents Introduction 2 Disability hate crime 6 The role of the CPS 12 The Code for Crown Prosecutors 13
More informationMid Case Management Eligibility Criteria
Summary Sheet Mid-level Case Management - Criminal Mid Case Management Eligibility Criteria Criminal law matters may be streamed to case management under three particular circumstances:: The case contains
More informationConvictions Policy. Private Hire & Hackney Carriage Driver Licences
Convictions Policy Private Hire & Hackney Carriage Driver Licences 04.06.2013 1. Background 1.1 It is a function of the Council to issue Hackney Carriage and Private Hire licences under the Local Government
More informationCriminal Law Review Conference - 3 December 2015. Lord Justice Treacy. Keynote address
Criminal Law Review Conference - 3 December 2015 Lord Justice Treacy Keynote address I am pleased to be here today as I think this a good opportunity for me as Chairman, to outline four broad themes which
More information18 Questions and Answers for Advising Potential PPOE Students
18 Questions and Answers for Advising Potential PPOE Students Question 1: Is a felony conviction always a bar to peace officer licensure in Minnesota? Answer: Yes. According to MN Rules a felony conviction
More informationA GUIDE TO THE CRIMINAL PROCEDURE RULES 2015 (S.I. 2015/1490)
A GUIDE TO THE CRIMINAL PROCEDURE RULES 2015 (S.I. 2015/1490) Where to find the new Rules The Criminal Procedure Rules 2015 are at this address: www.legislation.gov.uk/uksi/2015/1490/contents/made When
More informationAN INTRODUCTION COURT. Victim Services Department of Justice
AN INTRODUCTION TO COURT Victim Services Department of Justice TABE OF CONTENTS 1. INTRODUCTION......1 2. FIING A POICE REPORT...1 3. COURT PROCESS......2 4. TESTIFYING IN COURT...5 5. COMMONY ASKED QUESTIONS...6
More informationTaxi and PHV Licensing, Motoring and Criminal. Convictions Guidelines
Taxi and PHV Licensing, Motoring and Criminal Convictions Guidelines 1 Taxi and PHV Licensing, Motoring and Criminal Convictions Guidelines 1. Introduction 1.1 The purpose of these guidelines is to provide
More informationHow To Find A Guilty Verdict In An Accident Accident Case In Anarazona
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT
More informationContents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process
1 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at
More informationTeacher misconduct: The prohibition of teachers
Teacher misconduct: The prohibition of teachers Advice on factors relating to decisions leading to the prohibition of teachers from the teaching profession October 2015 Contents 1. Introduction 3 About
More information