The Crown Prosecution Service has issued new guidance to prosecutors as to which offences may be committed regarding “child-like” sex dolls after more than 200 seizures by Customs Officers in the last two years.
The potential offences are:
Importing obscene articles.
Publishing an article for gain or not, or having an article for publication for gain, which is obscene.
Is it illegal to own or make a child-like sex doll?
No.
There is no crime of making or possessing a childlike sex doll. It is the importation or sending that triggers a potential offence.
What does child-like mean?
There is no definitive guide to what “childlike” means. Size, characteristics and description will all be considered. This goes to the issue of obscenity.
This is one of the most troublesome legal issues. It will ultimately be a matter for a Judge or Jury to decide when the issue is not clear cut.
Does the doll have to be made for sex?
Yes.
The doll must have been made for sexual use. Again, this is what may give rise to the obscenity issue. When deciding whether this is the case its design, accessories and advertised purpose will all be relevant.
What else has to be proved?
That depends which of the offences you are charged with.
If it is importing then it has to be proved to the criminal standard that you knew it was unlawful to import them.
If it’s one of possessing it for publication for gain, the prosecution will have to prove there would be some gain to be made.
How long could the prison sentence be?
That, again, depends on the charge.
importation offences carry a maximum of seven years
publishing obscene articles carries a maximum of five years
the postal offence a maximum of one year.
The new prosecution guidance on child-like sex dolls
The new guidance is extensive, and among other things stresses the following:
“[The decision to prosecute] involves an exercise in judgment about what a jury is likely to conclude about the appearance of the doll. Expert evidence as to age or appearance, or obscenity, is not admissible and should not be sought. This is consistent with the position in respect of indecent images of children, where the age of a child is a finding of fact for the jury to determine and expert evidence is inadmissible.”
“[It is not] permissible to use other evidence, such as other material suggesting a sexual interest in children (for instance, indecent images of children), when assessing whether the doll is, objectively and of itself, obscene. Neither the motive of the person possessing/importing, nor the existence of material external to the doll, is relevant or admissible on this question.”
In relation to the aspect of a case involving importation the guidance stresses the following:
“As possession of a childlike sex doll is not unlawful per se in England and Wales, prosecutors should start from the position that, without more, a suspect may not know its importation is unlawful. Prosecutors will need to consider this element of the offence carefully.”
If you are arrested or know that the police wish to speak to you about any offending involving a child-like sex doll then make sure you insist on your right to free and independent legal advice. The courts will always take such offences seriously upon conviction and the law is complicated.
As expert criminal solicitors, part of our skill lies in negotiation with the prosecuting bodies. We will be able to apply the facts of the allegations in your case with the guidance to the prosecution and ask for a favourable review of your case.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
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Earlier this year, Channel 4 found, after analysing Freedom of Information request responses from 29 out of 43 police forces, that the number of police-recorded offenders aged under 18 committing homicides using a knife or sharp instrument rose by 77% from 26 to 46 from 2016 to 2018.
This includes a new Knife Crime Prevention Order, or a ‘Knife Asbo’, as it is already being called.
What is a Knife Crime Prevention Order?
It is proposed that anyone aged 12 or over can be subject to a knife crime prevention order if:
they are found to be carrying, without good reason, a bladed article in a public place (including a school) twice in a period of two years, and
the court believes it is necessary to impose and order to protect the public or prevent the young person from committing a crime with a bladed article.
Applications for knife protection orders can only be made by chief police officers, or the chief constable of the British Transport Police or the Ministry of Defence Police.
Before making the application, if the defendant is under the age of 18, the relevant person must consult with the Youth Offending Team for the area that the young person lives in.
The Knife Crime Prevention Order can require that a person:
is in a particular place on specified days or between particular times
reports to a specified individual on specified days and times
participates in specific activities.
It can also prohibit the person from:
being in particular places
being with particular people
taking part in specified activities
using or having specified articles with them
using the internet to facilitate or encourage crimes using bladed articles.
A Knife crime prevention order would last between six months and two years. Breach of the order would result in:
on summary conviction, imprisonment for a term not exceeding six months, a fine or to both
on conviction on indictment, imprisonment for a term not exceeding two years, a fine or to both
Will knife crime prevention orders work?
A great many people, including the Magistrates’ Association, have expressed doubts as to whether these new orders will do anything to address the complex root problems of offending.
Instruct a criminal law specialist
The lawyers at VHS Fletchers continuously monitor new develops in criminal law, as even government proposals can sometimes trigger changes in judicial behaviour when it comes to bail and sentencing. It is our job to ensure the law that is in force now is appropriately applied.
We also play a vital role in challenging the boundaries of new legislation and will be keeping a close watch on these draconian knife crime prevention orders to ensure that justice is appropriately done in all cases.
If you are arrested or know that the police wish to speak to you about any offending involving a weapon then make sure you insist on your right to free and independent legal advice. The courts will always take such offences seriously upon conviction.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
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Chesterfield football law solicitor David Gittins
Football is one of the most popular sports in England and Wales to both play and watch on a weekly basis. On occasions, however, the mix of alcohol and heightened emotions can lead to a loss of control. This means that what should be a fun day out can turning into the possibility of a fan being banned from all football matches for a minimum 3 years period as well as a possible prison sentence following any football related disorder.
Only this month Chesterfield football law solicitor David Gittins, a football fan himself, represented a 58 year old client who had not been convicted since the mid-80’s. On this occasion he was before the court for football related offence. Notwithstanding the extremely serious allegation David was able to ensure his client kept his freedom and limited the conditions on the inevitable football banning order that the police applied for.
Football related disorder
Chesterfield Town had hosted Wrexham FC in a Vanarama National League match game. The match was categorised by the Police as “B”. This meant that there was a potential for disorder. Both before and after the match there were problems caused by a small number of fans. This included a serious incident in a pub close to the Proact Stadium.
The pub was designated for “home supporters only”. However, a number of Wrexham fans gained entry. This resulted in what the police describe as a ‘hostile environment’. During the disorder David’s client threw a pint glass that he had been holding directly towards the Wrexham fans. Thankfully nobody was caused injury.
Our client then left the pub, but not before he picked up a Police “spotter” video camera and took it with him.
The police investigation
After the match Derbyshire Police trawled CCTV relating to the incident. A number of arrests were made. Our client was interviewed and subsequently received a letter through the post informing him that he had been charged with threatening behaviour. This postal requisition gave him the date that he was required to attend court.
It was only at this point that David was instructed to assist. Had our client chose to seek our free and independent legal advice in police interview, we would have been aware of the full circumstances of the allegations much sooner and begun to prepare his case at an early stage.
Once legal aid was granted, David spent several hours watching the CCTV in the case. He analysed the evidence in full before advising his client on the strength of the evidence against him.
Early guilty plea to football related disorder
David attended Court with his client who entered a guilty plea. This would secure him maximum credit on sentence. A probation report was prepared. Our client was a risk of a sentence of imprisonment. The starting point for offending in these circumstances is 12 weeks in prison.
After hearing detailed and structured mitigation from David, the court decided that his client would be able to keep his freedom. He received a suspended prison sentence of 3 weeks.
Inevitable Football Banning Order
The police in this case applied for a football banning order. Unusually the police asked that as well as the usual terms banning attendance at all FA matches, there also be a large exclusion zone on match days. This would have prevented our client from entering an area around the Proact Stadium for 4 hours before and 6 hours after each home game.
David was able to persuade the Magistrates’ that such additional conditions were unnecessary.
Contact one of our football law solicitors
If you are arrested or know that the police wish to speak to you about football related disorder then make sure you insist on your right to free and independent legal advice.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
Contact
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Due to many years of under investment the criminal justice system in England and Wales is crumbling.
Things are going wrong at every level and every stage. It’s become a nightmare journey through the system for the accused, for victims and for solicitors alike.
Five problems facing the system
Increasing shortages of criminal duty solicitors
Within five years there could be areas in England and Wales where people who have been arrested won’t be able to access a duty solicitor. This means they won’t be able to get the free legal advice they’re entitled to.
For example, cases in court are often ‘double booked’, so some hearings get cancelled at the last minute. Things like this waste the accused’s and their solicitor’s time, and increase costs.
More and more courts are being closed
Defendants and witnesses are having to make unreasonably long and expensive journeys to court.
Important evidence sometimes isn’t made available until the last minute, or isn’t disclosed at all. This can mean the difference between freedom and imprisonment.
All of these problems show the criminal justice system is at breaking point. Without urgent action, it will fall apart.
For many a day trip to see a football match with friends is about more than the match itself. The journey, banter, songs, food and drink are as important as the match itself in making the day memorable. Sometimes, however, a combination of these factors can lead to our clients coming to the attention of the police. This is where our football law solicitors can help.
Chesterfield crime solicitor Kevin Tomlinson
However just because you are guilty of a crime on a day when you attended a football match does not mean that it is a football related offence. Such an argument might mean that you can avoid a football banning order with the help of our football law solicitors.
The order would ban you from attending all football matches in the UK for a minimum period of three years so their effects are far reaching.
Our client was later on a train travelling from Birmingham to Derby coming home from the game. A complaint was made that he was engaging in disorderly conduct. Police officers became involved and he was described as being drunk and shouting and swearing. It amounted to an offence contrary to Section 5 Public Order Act 1986.
Receipt of a postal requisition
The police did not arrest our client at the time but later tried to arrange a voluntary interview but our client chose not to cooperate. As a result, he simply received a postal requisition notifying him of a court date.
The case was to be heard at Sheffield Magistrates’ Court and he instructed Kevin, a keen football fan himself, to assist.
Guilty plea at Sheffield Magistrates’ Court
Kevin’s client accepted that he was guilty of the offence. As a result, in order to take advantage of the credit available, he pleaded guilty. Mitigation was put forward to persuade the Magistrates’ to impose a conditional discharge. This meant that our client would only be punished if he committed a fresh offence within the next 12 months.
In summary, if the application was successful, Kevin’s client would not have been able to attend any FA football match in the UK for three years. As a result, it is important to instruct expert football law solicitors contest any application.
In order to impose a football banning Order it must be shown that the criminal offence was “football related.” Kevin studied the evidence in the case closely and applied the case law to the circumstances of the case.
He was able to successfully argue that there was no link between the offence his client had pleaded guilty to and the football match his client had been to. As the court agreed with his argument no order was made. Kevin’s client was delighted and could continue to attend football matches without restriction.
Contact one of our football law solicitors
If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.
