Kangs Solicitor
BIRMINGHAM: 0121 449 9888
LONDON: 020 7936 6396
MANCHESTER: 0161 817 5020

Winner of the Legal 500 – ‘Criminal, Fraud & Licensing Law Firm of the Year’ – “One of, if not the best, criminal specialist firms in the country”

In this third article commenting upon new provisions contained within The Police, Crime, Sentencing and Courts Act 2022 (‘the Act’), Helen Holder of Kangs Solicitors considers sexual offences committed against young people by those considered to be in a ‘Position of Trust’.

For access to the previous articles concerning the Act, please follow the links:

Kangs Solicitors has been defending clients facing allegations of criminal conduct for well over twenty years and is rated as one of the best criminal law firms in the country by both the leading legal directories, the Legal 500 and Chambers UK.

Kangs Solicitors won the Legal 500 award for Criminal & Fraud Law Firm of the Year’.

The firm’s founding solicitor Hamraj Kang won the Legal 500 award for Individual Criminal & Fraud Solicitor of the Year.

Legal 500 states:

‘This is a first-class firm with unrivalled experience. The team is intelligent, hardworking and seems determined to do a professional job. Whether the case is serious or trivial the same amount of care is taken’.

We are here to assist clients with any criminal investigation or prosecution whether it is being conducted by the police or another investigating authority.

Our team can be contacted for immediate advice and assistance as follows:

Positions of Trust | Kangs Abuse of Trust Offences Defence Solicitors

Generally

Kangs Solicitors has previously commented upon legislation controlling sexual offences committed where an abuse of trust has occurred and for further information, please refer to the following link:

Abuse of Trust Allegations

The effect of the legislation is to provide protection for vulnerable sixteen and seventeen year old persons by increasing the age of consent above sixteen where the accused is in a position of trust.

Previous legislation stated that a ‘position of trust’ is created in respect of a person who looks after a person under the age of eighteen years and who is regularly involved in caring for, training, supervising or being in sole charge of such persons. 

It therefore protected, by way of examples, ‘looked after persons’ in educational establishments, residential settings, hospitals, clinics and care homes. 

The New Legislation

The Act has created further ‘positions of trust’ and provides:

47  Positions of trust

  1. The Sexual Offences Act 2003 is amended as follows.
  2. After section 22 insert-

‘’22A Further positions of trust

(1) For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—

(a) A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and

(b) A knows that they coach, teach, train, supervise or instruct B, on a regular basis, in that sport or religion.

(2) In subsection (1)—

“sport” includes—

(a) any game in which physical skill is the predominant factor, and

(b) any form of physical recreation which is also engaged in for purposes of competition or display;

“religion” includes—

(a) a religion which involves belief in more than one god, and

(b) a religion which does not involve belief in a god.

(3) This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21.

(4) The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.”’

Consequences of the Act

  • The Act, therefore, makes it an offence for a person aged over eighteen years, to enter into a sexual relationship, or engage in certain other sexual activities with a young person whom they knowingly coach, teach, train, supervise or instruct on a regular basis in a sport or religion.
  • Position of trust offences are ‘either way’ offences meaning that they can be dealt with either in the Magistrates’ Court or the Crown Court.  Upon conviction, the maximum sentenced that can be passed is that of five years imprisonment where the matter is tried in the Crown Court.    
  • If certain criteria are, met a convicted person may also be subject to the Notification Requirements.   

How Can We Help You? |Kangs Sexual Offences Defence Solicitors

Should you become subject to any form of investigation or prosecution arising from any form of alleged criminal activity, including those of a sexual nature, the team at Kangs Solicitors is able to assist by, inter alia, providing:      

Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors

Our expert 24/7 Rapid Response Police Station Team is here to assist you on 07989 521 210 should you require advice and assistance out of office hours.

We welcome enquiries by telephone or email and provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing.

Contact:

Please do not hesitate to contact our team through 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 | 0161 817 5020

Suki Randhawa
srandhawa@kangssolicitors.co.uk
 0121 449 9888020 7936 6396

HMRC Civil Tax Investigations VAT Assessments Tax Tribunals
Serious Fraud, VAT & Tax Tax Investigations & COP 9  
     
     
     
     
     
     
     
Sports Law & Management    
     
     
     
     
     
     
     
     
Hamraj Kang

Hamraj Kang

Stuart Southall

Stuart Southall

Mick Carney

Mick Carney

Colin Parker

Colin Parker

Amandeep Murria

Amandeep Murria

Zahir Ahmed

Zahir Ahmed

John Veale

John Veale

Helen Holder

Helen Holder

Sukhdip Randhawa

Sukhdip Randhawa

Tim Thompson

Tim Thompson