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The CPS have a two stage process to charge any offence, be it a sex offence or otherwise. The first stage is “is it in the public interest” or “the public interest test”. Almost all alleged sexual offences will beat the public interest test.  However the second stage of the test is the “evidence threshold” […]

The term “dropped” is a localised term which means that no further action has been taken either by the police or more likely the CPS (Crown Prosecution Service). The complainant can withdraw the complaint in which case it is highly likely that the matter will not proceed. Otherwise, the police, of their own volition can decide […]

If you have been arrested and questioned in relation to an alleged sexual offence, it is highly likely that you will then be given bail. Occasionally you can be remanded into custody but the offence which is alleged against you will need to be of the upmost seriousness for that to happen. There is a […]

The police will seize all your devices and send them to a forensic expert who will eventually (it is the queue that is long not the time that it takes to download the content) extract information from your phone that the police will be interested in to the extent that you may or may not […]

When someone attends voluntarily for an interview with the police, they are not booked into custody. The police will still carry out a “welfare check” to make sure you are fit and well to be interviewed as they have a duty of care to look after you whilst you are in their care. With that […]

If the police receive a complaint, from an individual, an individual’s parents, Social Services, carers or anyone else, they will take it seriously. They will take an initial statement from the complainant and then it is highly likely that they will wish to speak to you. Dependent upon the severity of the allegation they may […]

In recent times, we have noted a marked increase in police applications for a Sexual Risk Order (SRO). This is a Civil Court Order that can be imposed on a person to “protect the public from sexual harm” even without a criminal conviction or caution being in place. The order can come with a range […]

If you have been invited to attend a police interview or are facing arrest, choosing the right legal representation is one of the most important decisions you can make. While duty solicitors are available free of charge, there are significant differences between relying on the duty scheme and instructing a specialist solicitor privately. At Sutton […]

Q. What if I thought it were fantasy role play with the other participant? A. Unless you have taken steps to ensure that the other person is an adult who is engaging in fantasy role play then the court will consider that you had no knowledge that the person was anyone other than the person […]

Section 15A of the Sexual Offences Act 2003 deals with people who communicate with a child who is under the age of 16. It says that any person aged 18 or over commits an offence if that person communicates with another and that communication is for the purpose of obtaining sexual gratification and it is […]