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:
- Police, Crime, Sentencing and Courts Act 2022 | Kangs Criminal Defence Solicitors
- Harper’s Law | Police, Crime, Sentencing and Courts Act 2022 | Kangs Criminal Defence Solicitors
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Positions of Trust | Kangs Abuse of Trust Offences Defence Solicitors
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:
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
- The Sexual Offences Act 2003 is amended as follows.
- 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)—
(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;
(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:
- a preliminary consultation in order to assess your position,
- representation at all requisite interviews under caution,
- preparation of pre-charge representations to the CPS or Police,
- representation at all stages in all courts including Magistrates’ and Crown Courts,
- advice on the choice of barrister or QC as cross-examination of the complainant and other prosecution witnesses in court proceedings is often a key element in such cases. We have a strong working relationship with the finest criminal barristers and QCs in the country.
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.
Please do not hesitate to contact our team through any of the following who will be pleased to hear from you: