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Criminal Defence Blog

Criminal Offence To Fail To Protect Child Sexual Exploitation

Criminal Sanctions For Those Who Fail To Protect From Child Sexual Exploitation

 

The Prime Minister, David Cameron, has today announced plans to extend the new criminal offence of wilful neglect. This offence will seek to protect against child sexual exploitation and will make those responsible for failures to protect, guilty of a criminal offence.

 

These plans are part of the national response to damning reports that found systematic institutional failings in Rotherham and other places where child sexual exploitation was found to be prevalent.

 

Local agencies such as councils have been found to have dismissed concerns and failed to give adequate responses to massive scale child sexual exploitation.

 

Child sexual abuse has now been given the status of a national threat in the Strategic Policing Requirement, meaning it is prioritized by every police force nationally.

 

Forrest Williams have concern about the plans to hold people including teachers and social workers responsible for child sexual exploitation that they had no awareness of or involvement in.

 

Steve Williams says, “It seems that these plans are being made in response to public outcry due to enormous failings that are systematic. While these failings are completely unacceptable, and allowed horrendous acts to be done to children, this does not mean that the correct response is to hold individual people responsible for actions they are neither aware of nor involved in.”

 

If you are being investigated for, or charged with, any crimes involving sexual offence, it is vital that you seek legal help as soon as possible. Call our expert team on01623 397200.

 

Case Study: Mitigation For Robbery Case

When George Fredrickson was produced from custody to confirm the hearing at Nottingham Crown Court last week, he was worried that sentencing would once again be adjourned for reasons beyond his control.

 

George, just 18 years of age but with a string of convictions to his name, had prepared himself for his plea and sentencing hearing as best he could just 7 days ago, knowing that his parents and several other members of his family would be in attendance.

 

However, on the day of the hearing the previous week, there was no transport to bring George from his young offenders’ institution. The hearing could still have taken place, had the video link between the court room and the young offenders’ institution been worked as it should. Unfortunately, it did not.

 

George was understandably frustrated by the delay. Since the offence – a robbery which had taken place as a result of him falling in with the ‘wrong crowd’, he had opened his heart to his older sister and told her he knew he had to change his ways, or face a future behind bars.

 

It should be noted that, for George’s family, his criminal past was hard to understand. All his family members are hard-working professionals and business owners. It was, in fact, George’s older sister Katrina who instructed Forrest Williams to act on her brother’s behalf.

 

Katrina later told Tracy, George’s Case Handler, that several other companies had actually declined to take on the case due to its complexity and proximity of the hearing date. Tracy had initially reassured Katrina that neither of these issues would pose a problem for Forrest Williams as the company frequently accepts last-minute instructions and is very confident when dealing with technically difficult cases, as excellent working relationships with highly-skilled barristers is a cornerstone of the professional services offered to our clients.

 

In brief, one of the technical issues with George’s case was whether or not he was fit to plead. This issue was resolved by liaising with the health professionals concerned, and by arranging a visit to the young offenders’ institution by the barrister who would go on to represent George in court.

 

On the day of the second hearing, George was arraigned and pleaded guilty. However, due to lack of court time a further adjournment was discussed.

 

The barrister representing George acted swiftly and assertively to ensure that another court room was found and that sentencing took place. Initially, the judge indicated that he was minded to grant an 18 month sentence. However, the barrister continued mitigating forcefully until the judge indicated that the lowest sentence he could impose was 12 months in custody, starting that day.

 

For George, this means his release date will be put back by just 2 months. George and his family were very pleased with this outcome.

 

If you (or a family member) have a legal issue that is causing concern, Forrest Williams would urge you to make contact to discuss the situation as soon as possible – even if you think (or are told by other companies) that it is too complicated a case to resolve, or too late to instruct. Katrina made that call, on behalf of her brother – and, in her words, it was ‘money well spent’.

 

Call us now for legal advice on 01623 397200.

 

My Son or Daughter Has Been Arrested – What Should I Do?

My Son or Daughter Has Been Arrested – What Should I Do?

 

We receive many telephone calls from anxious parents whose son or daughter has been arrested in relation to a criminal offence.

 

From criminal damage to sexual assault, burglary to drug offences, it is often the worried parents or older siblings who contact us looking for advice.

 

How Old Is Your Child?

 

The first question has to be how old your child is.

 

All children under 17 are entitled to have an appropriate adult attend the police station with them. They are also entitled to have a criminal solicitor present to represent them within the police station.

 

As a parent, you can arrange for a criminal solicitor from Forrest Williams to be called on their behalf – even if your son or daughter has not requested this.

 

Arrange police station representation now: call us on 01623 397200

 

If your child is 17 or over, things are slightly different. They are considered to be an adult and will not be able to have an appropriate adult attend the police station, unless they are classed as being vulnerable for a reason other than age – learning difficulties, for example.

 

They will, however, still be entitled to representation at the police station by a criminal solicitor.

 

What Should I Do To Help Them?

 

In our experience, while a child who is 17 or over may be classed as an adult in legal terms, they are often not prepared to handle a criminal case and rely heavily on parents or other relatives to make arrangements on their behalf and support them through the process.

 

We are very used to working with decent, hard working families who have raised their children well. We know that to have your child charged with a criminal offence is incredibly worrying, and we take pride in supporting families through the whole process.

 

In cases where we are contacted by a concerned parent or relative, we encourage whole family involvement throughout the case. While always respecting the wishes of the person charged with the offence, as our client, we welcome full family conferences, and frequently send all correspondence to both the person charged and their parents.

 

We are parents and, simply put, we prepare cases for young people exactly as we would prepare our own children’s cases.

 

For an initial consultation to discuss your son or daughter’s case, call one of our dedicated case workers now on 01623 397200.