Historic Allegations of Sexual Offences - A Guide for Criminal Lawyers

Introduction

Over the last two decades, the justice system has seen a significant rise in non‑recent sexual offence allegations. These cases present complex evidential and procedural challenges, particularly where memories have faded, records are missing, and historic legal frameworks apply. Errors in handling such cases can affect fairness, lead to appeals, and undermine confidence in the process.

This virtual classroom seminar highlights where mistakes most commonly arise and how practitioners can navigate the unique difficulties of historic sexual offence prosecution.

What You Will Learn

This live broadcast will cover the following:

• Evidential pitfalls that arise with historic cases
• Relevance and importance of old law and where it applies
• Offences on the indictment
• Presumption that a boy under 14 incapable of vaginal or anal intercourse
• Doli incapax rebuttable presumption child aged 10 - 14 was incapable of committing a crime
• Demeanour and distress evidence within context of historic cases
• Identifying when missing evidence, records or witnesses impact upon the fairness of the proceedings
• Identifying the impact of delay on the proceedings and the remedies available
• Abuse of process arguments focusing upon previous police investigations/discission not to prosecute
• Sentencing for historic offences, including common sentencing mistakes
• Consequences of conviction and making of orders for historic offences. SHPO etc
• Recent decisions of the Court of Appeal on historic allegations
• Evidence of complaint

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.