Rupert’s client who had pleaded guilty, aged 21, to three offences contrary to s.13 of the Sexual Offences Act 2003 for sexual offending committed when he was aged 17, received a sentence of 12 months’ imprisonment suspended for 18 months in the Crown Court. In consequence, his client found himself subject to the notification requirements of the Sex Offender’s Register. Had the sentence of imprisonment been any shorter, the Applicant would not have been obliged to register at all.
The single judge refused leave, but at a renewed application for leave before the Full Court (Flaux LJ, Whipple J and Soole J) on 20th September 2019, the Court of Appeal was persuaded to grant leave and allow the appeal, reducing the term of imprisonment from 12 months to a total of 8 months’ imprisonment suspended for the same period.
The arguments involved a careful analysis of the difficulties of attempting to apply the guideline for Sentencing Children and Young People in a case in which sexual allegations had been delayed until the Applicant was an adult.
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