Community Order - Crown Court child grooming/sex offences 2023

Our client was charged with attempted sexual communications with a child and Arranging/facilitating the commission of a child sex offence – Sexual Offences Act 2003. The police were participating covertly on a platform and no actual child existed. Our client had learning difficulties and was on the social media platform.

The second and more serious charge fell to be sentenced under the new sentencing guidelines.

https://www.sentencingcouncil.org.uk/offences/crown-court/item/sexual-activity-with-a-child/

The starting category was one of 1A with a starting point of 5 years and range of 4-10 years.

We advised on the strength of the evidence and advised our client to enter a prompt guilty plea to benefit from a maximum early guilty plea sentence discount.

We prepared the case for a sentencing hearing and prepared full mitigation. We gathered all evidence in support of our client’s personal circumstances.

The CPS placed the case at Cat 1A with 25% discount credit for an early guilty plea.

We instructed a psychiatrist and psychologist on our client’s behalf to establish whether our client was fit to stand trial and if so whether he required the assistance of an intermediary. The psychiatrist identified that the client suffered from a number of issues and counsel advised that we instruct a psychologist to test for autism and other psychological conditions including complex post-traumatic stress disorder. The reports established depression/anxiety and that our client was of low intellectual ability and vulnerable. We left no stone unturned This latter report helped to convince the court not to impose an immediate custodial sentence.

The court accepted that given our client's significant prospect of rehabilitation, plus strong personal mitigation, and clear Mental Health, and learning difficulties the sentence passed would be one of -

3 years Community Order with an accredited programme [up to 30 sessions], 45 days rehabilitation activity requirement plus ancillary orders were made.

Our client can focus on his rehabilitation and move forward with his life.

The Lucy Faithfull Foundation

If you are a victim of child sexual abuse or at risk of offending, please contact the Lucy Faithfull Foundation for advice.