Rook and Ward on Sexual Offences

Law & Practice
4. Auflage 2014
ISBN: 978-0-414-02884-5
Verlag: Sweet & Maxwell

Buch, Englisch, 1606 Seiten

Rook & Ward on Sexual Offences is an invaluable reference guide for all those involved in defending, prosecuting and trying sexual offences. It gives a clear exposition of all aspects of the law in this area, showing not only how the law on sexual offences has been thoroughly reformed, but discussing what new offences it creates, and the new procedures and penalties it introduces.

With detailed coverage of both offences and procedure, it has a strong practitioner focus and includes detailed guidance on how to deal with problems encountered in practice.

The 1st supplement to the 4th edition brings the main work up to date with all the latest developments.
The leading work on sexual offences
Provides coverage of the most up to date legislation including the latest amendments to the Sexual Offences Act 2003 along with practice and procedure.
An essential tool for all those involved in defending and trying sexual offence cases.
The supplement provides a comprehensive update of all chapters (including medical and DNA) covering all significant developments since December 2010.
This supplement represents the best way for practitioners to keep abreast of new developments in this specialist area.

WHAT'S NEW

SENTENCING
A full analysis of all changes to the sentencing regime, including the new sexual offences sentencing guideline issued by the Sentencing Council which applies to all adult sex offenders sentenced on or after April 1, 2014. A comprehensive explanation of the structure of the new guideline and the significant differences in approach it represents.

NON-CONSENSUAL OFFENCES
A close examination of important case law since December 2010, which has:

given a wider interpretation to the definition of consent
stressed that context is all-important
illuminated how evidence of grooming may be relevant
clarified that deceptions falling short of s.76 deceptions may entitle a jury to conclude there was no genuine consent
taken a restrictive view of s.76
illustrated the operation of the s.75 evidential presumptions and
shed further light on the extent to which a defendant’s mental disorder may be relevant to whether he had a reasonable belief that the complainant was consenting.

OTHER SEXUAL OFFENCES
Consideration of all relevant cases including on the offences relating to indecent images of children and the significant developments in the law as regards the prosecution of those who may have been the victims of trafficking.

THE LAW OF EVIDENCE
An analysis of the large number of Court of Appeal decisions in sex cases illustrating the operation of the bad character, hearsay and previous sexual history provisions, which arise so frequently in sex cases.

REPORTING RESTRICTIONS IN SEX CASES
Coverage of important new case law including on the practical operation of the complainant anonymity provision, and of the latest developments on defendant anonymity pre- and post-charge.

HISTORIC CASES
In light of the increase in sex case prosecutions relating to events that occurred years ago, and high profile investigations such as Operation Yewtree, an explanation of the important developments relating to the trial of historic sexual offences. In particular, a close consideration of important Court of Appeal decisions which, against the background of contradictory guidance, have finally clarified the approach that should be taken to applications for a stay due to delay and to sentencing historic cases.

VULNERABLE WITNESSES
A survey of the plethora of useful guidance and Court of Appeal authority of the last three years, designed to assist practitioners develop appropriate and necessary skills when questioning vulnerable witnesses.

Autoren/Hrsg.

Rook, Peter

Ward, Robert

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Chapter 1: Rape
Chapter 2: Sexual Assaults And Sexual Activity Without Consent
Chapter 3: Offences Against Children Under 13
Chapter 4: Child Sex Offences
Chapter 5: Abuse Of Position Of Trust
Chapter 6: Familial Sex Offences
Chapter 7: Sexual Offences Against Those With A Mental Disorder
Chapter 8: Indecent Photographs Of Children
Chapter 9: Child Abduction
Chapter 10: Prostitution: Exploitation And Trafficking
Chapter 11: Off-Street Prostitution And Related Offences
Chapter 12: Street-Based Prostitution
Chapter 13: Preparatory Offences
Chapter 14: Offences Against Public Decency
Chapter 15: Evidence: General
Chapter 16: Evidence Of Bad Character
Chapter 17: Anonymity In Sex Cases And Reporting Restrictions Relating To Children And Young Persons
Chapter 18: Vulnerable Witnesses, “Special Measures” And Related Matters
Chapter 19: Restrictions On Evidence Or Questions About The Complainant’s Sexual History
Chapter 20: Expert Evidence In Sex Cases
Chapter 21: Medical Aspects Of Sexual Assault
Chapter 22: Medical Evidence: Children
Chapter 23: Psychological Effects Of Rape And Serious Sexual Assault
Chapter 24: Dna, Law And Statistics
Chapter 25: Disclosure
Chapter 26: Historic Cases
Chapter 27: Sentencing Of Sex Offenders
Chapter 28: Notification And Notification Orders
Chapter 29: Sexual Offences Prevention Orders, Foreign Travel Orders And Risk Of Sexual Harm Orders
Chapter 30: The Assessment And Treatment Of Sex Offenders After Sentencing [note: there is no update to this chapter in the Supplement].
Chapter 31: Sexual Offences In The Youth Court
Chapter 32: Sexual Offences In Northern Ireland
Appendices
Appendix A: Sexual Offences Definitive Guideline
Appendix I: CPS Guidelines on Prosecuting Cases of Child Sexual Abuse
Appendix J: R. v CED

[note: appendix A replaces appendix A in the mainwork. Appendices I & J are new.]