On the 18th March 2019, National Child Sexual Exploitation Awareness Day, the Crown Prosecution Service (‘CPS’) announced an important procedural change when tackling those who prey upon young children.

Helen Holder of Kangs Solicitors explains this fundamental change.

The Fundamental Change | Kangs Sexual Offences Advisory Team

  • The change affects the circumstances where offenders believe that they are engaging in communication with a child(ren) when, in fact, they discover that the ‘child(ren)’, the subject of such advance(s) and with whom they have been in contact is/are the fictitious creation of an undercover police officer or a ‘vigilante group’ targeting such offenders.
  • Historically, the CPS has charged these offences as ones of ‘attempt’ in view of the fact that no child(ren) of that identity actually existed.
  • However, the CPS has now stated that offenders of this nature will, in future, be prosecuted in exactly the same way as if the fictional ‘child(ren)’ had, in fact, actually been a child(ren).

The Law | Kangs Sexual Offences Defence Experts

Sexual Offences Act 2003 states:

‘14  Arranging or facilitating commission of a child sex offence

(1 ) A person commits an offence if—

(a) he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and

(b) doing it will involve the commission of an offence under any of sections 9 to 13.’

The offences under section 9 – 13 are:

  • Sexual activity with a child
  • Causing or inciting a child to engage in sexual activity
  • Engaging in sexual activity in the presence of a child
  • Causing a child to watch a sexual act and
  • Child sex offences committed by children or young persons.

More detail of which can be found by following the link below:

A person found guilty of such an offence is liable to face up to fourteen years imprisonment.

Who Can I Contact For Help? | Kangs Sexual Offences Defence Solicitors

It is imperative that you instruct an experienced solicitor as soon as you are aware of an allegation being made.

Crucially, it is always important to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest.

To discuss an allegation of a sexual offence in further detail please contact any of the following who will be pleased to hear from you:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 07989 521210

Fran Murray
fmurray@kangssolicitors.co.uk
020 7936 6396 | 07989 521210

Cagin Husnu
chusnu@kangssolicitors.co.uk
0121 449 9888 | 07989 521210