Although contentious, English law has a long history of the common law offence of conspiring to subvert public morality. It was a charge mostly used against obscenity, arranging prostitution, maintaining an unruly home, public immorality, and mischief in public. The court might view these as components of a single crime called conspiracy to subvert public morals. The prosecution of IT was predicated on the legal precept that some types of “outrageously immoral” behavior were damaging public morals, regardless of whether such conduct was lawful or not. This idea classified homosexuality in men as an “unlawful” or “wrongful” act under the law. In that regard, homosexuality between men remained illegal even after it was decriminalized in 1967.
Category: Law, Legal, Reports, Inspections
2015 General practice, clinical intention and the sexual offences act 2003
In times of clinical complexity and uncertainty, general practitioners must be capable of routinely accepting “ultimate” responsibility for difficult judgements. All sexual contact with a kid under the age of 16 is prohibited by the Sexual Offences Act of 2003. However, it is not illegal for someone to act in a way that prevents a child from contracting a sexually transmitted virus, ensures their physical safety, stops them from getting pregnant, or helps them feel better emotionally by offering guidance. Medical-legal academic writers have contrasted the particular defense of double-effect utilized in the area of palliative care with the legal separation of purpose and foreseeability. In order to build an ethical framework for this issue’s examination, this essay aims to draw on legal concepts. This case study is intended to spark more debate, clarify the moral justification for the current GP guidelines, and demonstrate how the doctrine or principle of twofold effect can be applied to situations outside the scope of palliative medicine.
2014 Sex offender laws in the United States: smart policy or disproportionate sanctions?
The United States started passing regulations in the 1990s to monitor and control community-dwelling sex offenders. These have developed to include things like sex offenders’ Internet registries, residence bans, GPS tracking, and even the civil commitment of offenders after serving their prison terms. Although other nations have passed legislation to keep track of sex offenders, none of them has gone as far as the United States in restricting offenders’ civil liberties. This article discusses the foundation of US laws, their difficulties, gives a summary of their effectiveness, and contrasts the US strategy with that of other nations.
2011 Sentencing outcome of convicted child sex offenders
Understanding the criminal justice system requires an understanding of sentencing results. This study investigates the sentences imposed on child sex offenders based on information gathered over an eight-year period. The duration of the jail sentence, the length of the probation sentence, and whether the convicted offender is really sent to prison or probation are examined using multiple regression and nominal log linear regression. While many independent variables appear to be related to sentence outcome, they fall into three categories: characteristics of the offender, characteristics of the victim, and characteristics of the crime. This study also demonstrates that, at least in relation to these statistics, the criminal justice system’s sentencing procedure is effective because individuals who committed more serious crimes received longer terms.
2010 Sexual misconduct by health professionals; Rehabilitation of offenders.
One of the most heinous acts a health worker could commit is having sexual contact with a patient or client. Discipline is meted out when this occur, however it varies depending on the particulars of each incidence of exploitation, such as license revocation, fines, and suspension. On the other hand, when it is essential, rehabilitation is also provided and may involve counselling, restricted practice, clinical supervision, and few others.
2008 Moral dilemma discussions: An effective group intervention for juvenile offenders.
Describes how some young male and female offenders participated in moral dilemma discussion groups and their results. Results showed that both male and female treatment groups’ behavior was enhanced by discussion groups. The study’s findings indicate that moral groups cannot improve offenders’ morality on their own. This suggests that in order to modify offenders’ as much as possible, institutional reform as well as moral dilemma groups may need to be implemented.
2007 Themes and risk of sexual violence among the mentally ill, implications for understanding and treatment
This study looked at 11 men’s files from a local forensic service who had committed acts of sexual violence while suffering from a mental illness. Although anti-psychotic medication is an important treatment, medication was the main treatment strategy. If the nature and magnitude of their future risk are to be effectively managed, other people must be taken into account.
Should I share my notes
As a therapist you may be asked to share your client notes.
These are some thoughts as a guideline.
Legally, you don’t have to share notes unless the court subpoenas them.
Discuss this with your supervisor
Get the client’s permission in writing
Bear in mind that clients can be naive about sharing notes, and not think through who will gain access to them.
Remember that the notes will be in the public domain, so that the defence and prosecution team would have access to all the notes.
Consider going through the notes with client and blank anything out that isn’t relevant. Agree what is going to be used/said. (Check the legality of this)
Consider writing a summary for the court.
Don’t let the police re-write your summary without you signing it.
Ask for notes to be collected and signed for.
Add a note to each page stating that these are therapeutic notes and not verbatim, they are your own understanding/ interpretation/ memory etc.
Talk to your governing body
Your insurers will also give legal advice
Guidance on writing a character reference
Guidance on Character Witness statements
This is intended to assist those who have never written a character witness statement before. Please don’t feel as though you have to follow this format to a tee, it is important that character statements don’t appear to be exactly the same. The following are some helpful pointers:
- Write your reference as a formal letter. That is:
a. Address the letter to the court: “Dear Sir/Madam” for the Magistrates or “Your Honour” for the Crown Court.
b. Sign off the letter “yours faithfully” and then your full name.
c. Date the letter.
d. Sign the letter.
e. Include your full address.
f. Include your date of birth
- Always state what your relationship is with the person, including details of how well you know the person and for how long.
- If you want, you can state what you do for a living, but please try not to speak too much about yourself.
- State that you are aware of the allegations and what the allegations are.
- If you believe the person to be of good character say so and give specific character traits and examples that you have seen.
- Try to make the letter personal and not bland, for example if you can remember any helpful anecdotes, please include these. However, try not to be over familiar or too informal.
Remember criminal proceedings are to be taken seriously.
- If the person has pleaded guilty or will be pleading guilty:
a. Never suggest a suitable punishment for the offence. This is a matter for the court.
b. If the person’s life has changed for the better (that is they have reformed their ways), please say so.
- If the person has pleaded or will plead not guilty:
a. Don’t suggest that the person is not guilty/would never commit such offences.
b. Don’t say hope that they should be found not guilty/acquitted.
c. Don’t question the character of the complainants/whether their evidence is reliable etc. All of these are matters for the court.
d. If you were shocked to hear of the allegations you can state this.
- Should you be happy to attend court, please state this at the bottom of the letter. Please note that it might be necessary to put your letter into official witness statement format.
Therefore, please type your statement in word format in the first instance so it can be copy and pasted if necessary (and eventually signed in the new format). Should it be necessary to reformat it, this will be done in due course.
If you are called to give evidence – please bear in mind the following: Whilst the experience is a little daunting, it is likely you will only be on the stand (the place where you will give evidence) for about 5 to 10 minutes. However, there may well be a long wait to get to that point, so bring something to read/do. The Magistrates/jury will expect that you will be a little nervous, please don’t worry if you are nervous.
- When you come into the stand, the first thing you will have to do is to take an oath. This will be taken either on the Bible (or another religious book) or you can give a solemn affirmation (non-religious oath to tell the truth).
- The advocate for the defence will ask you questions first. He will not be able to ask you leading questions, that is a question which suggests an answer. Therefore when you give evidence you will have to tell your story, in other words try not to give one-word answers. However, please try not to learn a script! A useful way of thinking about things,
is to think of some headlines for your evidence. Then (a) explain, (b) develop and (c) and give examples of the point you are making.
- When you speak, please remember to do the following:
a. If something is wrong, be emphatic in your denial. Otherwise people are unlikely to believe you.
b. Take your time when you give evidence.
c. Keep your voice up and direct your answers to the jury.
d. Listen to the question and answer the question. If you don’t follow this basic rule – you might say something that you shouldn’t!
e. Remember court is a formal setting but at the same time, you can be personal to a degree.
- Please remember to NOT do the following if you give evidence:
a. Unless you are on trial – don’t say “he’s not guilty of the offence” – this is a matter for the court.
b. Don’t get into an argument with the prosecutor.
c. Don’t make personal remarks about the prosecutor or anyone else.
d. If the prosecutor makes a mistake when asking a question – don’t be arrogant, gently correct if they are in wrong only if necessary.
e. Don’t pontificate – that is, give straight forward answers and don’t give your own theories on general matters that you might be asked questions about. For example, if you are asked about child pornography, rather than speculating as to why certain people might indulge in this, just give a firm short answer with your views.
f. Don’t excessively criticise people that the court might have sympathy with e.g. the family of a deceased person. People should be treated with respect, even if they have been in the wrong.
g. Don’t be drawn into commenting on things you have no knowledge of. Stick to what you know.
h. Don’t mark remarks about people’s appearance/other superficial matters unless it is 100% relevant.
- After the defence advocate has asked you questions, the prosecutor will be allowed to ask you questions. It is unlikely that s/he will ask you that many, and there is even a chance s/he may not ask you any. Again, simply answer the questions and try not to get into an argument with the prosecutor.
- Please dress appropriately; imagine that you are dressing for a funeral. In this way, you will be treating the court with respect.
- You can claim you expenses of getting to court from the court by asking at the office for a form to complete. You may need to submit parking or train tickets.
- Thank you so much for your help. In assisting you are proving the true value of a friend.
Child Sexual Abuse: Guidelines on Prosecuting Cases of Child Sexual Abuse.
These guidelines are designed to set out the approach that prosecutors should take when dealing with child sexual abuse cases or all types. The decision to involve the CPS at an early stage is a matter for the police but experience has shown that early CPS involvement can help address some of the evidential or presentational issues that may arise at a later stage of a case. As well as considering the circumstances of child sexual abuse, supporting victims and witnesses, counselling and therapy are included. The credibility of the victim is considered and typical signs of those who are vulnerable to child sexual exploitation, or who have been abused are listed. Issues around sexting are given. The conduct of the trial is outlined.