CHILDREN

[2020] EWHC 648 (Admin)
[2020] EWHC 648 (Admin)
QBD (Admin) (Lane J)
18 March 2020

The court anonymised a requested person and her immediate family in an extradition judgment where the requested person’s daughter suffered from a serious condition such that identification would likely lead to harm to the family. However, a very good case had to be made for a person who had been convicted of a criminal offence abroad to avoid being named in English extradition proceedings.

[2019] EWCA Crim 1881
[2019] EWCA Crim 1881
CA (Crim Div) (Simon LJ, William Davis J, Sir Kenneth Parker)
25 October 2019

A total sentence of 12 years’ imprisonment, comprised of consecutive sentences of seven years for five offences of human trafficking and five years for four offences of supplying drugs, was appropriate for a 21-year-old offender considering his relative youth and the fact that he had no real criminal history.

[2019] EWCA Crim 1339
[2019] EWCA Crim 1339
CA (Crim Div) (Green LJ, Spencer J, Morris J)
26 July 2019

The court quashed as unlawful a restraining order imposed on a mother diagnosed with factitious disorder induced in another who had been convicted of administering a poison to her child. However, the breadth of the restriction which rendered the restraining order unlawful did not prevent the court from replacing it with a criminal behaviour order in similar terms.

[2019] EWCA Crim 1249
[2019] EWCA Crim 1249
CA (Crim Div) (Davis LJ, Jay J, Sir John Saunders)
27 June 2019

There was no general principle that delay, in a criminal trial involving young children, meant that the evidence of that child should always be excluded at a subsequent trial; each case was fact specific. In the instant case, a judge had been entitled to admit a child’s Achieving Best Evidence interview at trial despite the delay of two years and four months since the interview had taken place.

[2019] EWCA Crim 1650
[2019] EWCA Crim 1650
CA (Crim Div) (Simon LJ, Lavender J, Judge Edmunds QC)
6 June 2019

The Court of Appeal considered that a sexual harm prevention order was necessary where an offender had pleaded guilty to charges concerning images found on his computer, which included thousands of computer-generated images of children. However, the order went beyond what was necessary in its first paragraph relating to restrictions on his internet access and use, and the court substituted a prohibition in its place.

[2019] EWCA Crim 921
[2019] EWCA Crim 921
CA (Crim Div) (Davis LJ, Jeremy Baker J, Judge Rees)
21 May 2019

As an act of mercy, an offender’s sentence of imprisonment for fraud by abuse of position was reduced from three years to 18 months in light of her terminal illness, the severity of the curtailment of her life expectancy and the impact that those matters were likely to have upon her two young children.

[2019] EWHC 91 (Fam)
[2019] EWHC 91 (Fam)
Fam Div (Knowles J)
22 January 2019

The court granted permission for a 12-year-old ward of court to travel to India to give evidence against his mother in her criminal trial for the murder of his father.

[2018] EWCA Crim 2452
[2018] EWCA Crim 2452
CA (Crim Div) (Hallett LJ, Stuart-Smith J, Sir Roderick Evans)
16 October 2018

The court considered issues relating to the impact of the Youth Justice and Criminal Evidence Act 1999 s.28 and the pre-recorded cross-examination of vulnerable child witnesses, and provided guidance regarding best practice for trial judges and advocates.

CA (Crim Div) (Hallett LJ, Stuart-Smith J, May J)
10 October 2018

It was best practice for a judge to direct a jury before the cross-examination of a vulnerable witness that limitations had been placed on the defence counsel and to explain after the cross-examination the type of issues which the defendant would have wished to explore in further detail. Such directions should be repeated in the summing up.

QBD (Admin) (Judge Hall QC)
27 September 2018

A claimant failed to show that disclosure on enhanced criminal record certificates of an allegation of sexual assault of which he had been acquitted was disproportionate and inaccurate.

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