Natalie Wortley

Limiting the Scope of the Conclusive Presumptions in the Sexual Offences Act 2003

Comments on the Court of Appeal decision in R v B [2013] EWCA Crim 823. Discusses the difficulties in applying s.76 of the Sexual Offences Act 2003 and the limited circumstances in which a conclusive presumption will apply.

Criminal Law and the Society of Legal Scholars

Discusses the impact academics and academic research can have on reform of the criminal law.

Merely Naughty or Seriously Wrong? ‘Childish Sexual Experimentation’ and the Presumption of Doli Incapax: R v PF [2017] EWCA Crim 983

Discusses the case of R v PF [2017] EWCA Crim 983, in which the Court of Appeal reiterated that, where a defendant is prosecuted for offences arising out of conduct that took place before 30th September 1998 and the defendant was (or may have been) aged 10-13 at the time of that conduct, the prosecutor must prove that the defendant was doli capax at the relevant time. To prove that a child had the capacity to commit a criminal offence, the prosecution must adduce independent evidence that the defendant knew that his conduct was seriously wrong. R v PF was a case involving what the defendant contended was ‘childish sexual experimentation’, and this case note advocates that consideration be given to how the law regulates young people’s sexuality and sexual experimentation.

Finding a Willing Supervisor for an Unfit Defendant City and County of Swansea v Swansea Crown Court [2016] EWHC 1389 (Admin)

Explores the rules surrounding the making of Supervision Orders under the Criminal Procedure (Insanity) Act 1964. Discusses the difficulties faced by courts in identifying a supervisor, as required by the legislation.

Unfitness to Plead: Expanding the Scope of 'Objective Evidence' on the 'Trial of the Facts': R v Wells, Masud, Hone and Kail [2015] EWCA Crim 2

The four conjoined appeals dealt with in this judgment raise similar issues concerning the operation of the ‘trial of the facts’ procedure, which follows a finding that the accused is unfit to plead.

Unfitness to plead and restraining orders: 'a lacuna in the court's armoury'

Discusses the decision in R v Chinegwundoh [2014] EWCA Crim 2649. Explains some of the difficulties that courts may face in imposing supervision orders on those who have been found unfit to plead, and suggests that restraining orders should also be available on disposal.

The Admissibility of Footwear Impressions Obtained in Breach of PACE

Analysis of a case which may reveal either a policy or a practice of deliberately ignoring the provisions of s.61A of the Police and Criminal Evidence Act 1984 in order to enhance the ability of the police to investigate crime.

Interpretation of s.80 of PACE 1984: when is a spouse compellable?

This case note concerns the operation of s.80 of the Police and Criminal Evidence Act 1984 which relates to the compellability of the spouse of civil partner of the accused in criminal proceedings.

Reasonable Belief in Consent under the Sexual Offences Act 2003: R v B [2013] EWCA Crim 3

Discusses the case of R v B [2013] EWCA Crim 3, in which the Court of Appeal held that a jury may not have regard to a defendants mental illness when deciding whether the defendants belief in consent was reasonable.

Conditional Consent? An Emerging Concept in the Law of Rape

Analyses the case of R (on the application of F) v DPP and A [2013] EWHC 945 (Admin) and discusses the emerging concept of conditional consent in the context of the Sexual Offences Act 2003.