S14. Arranging child sex offence
Date Updated: January 2012
Title: Sexual offences
Offence: Arranging or facilitating commission of a child sex offence
Legislation: Sexual Offences Act 2003 S14
Commencement Date: 01/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On Indictment - 14 years imprisonment
- Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability & Harm
The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.
Sentencers should refer to the individual guideline for the substantive offence under sections 9 - 13 of the SOA 2003 that was arranged or facilitated.
In cases where there is no commercial exploitation, the range of behaviour within, and the type of offender charged with, this offence will be wide. In some cases, a starting point below the suggested starting point for the substantive child sex offence may be appropriate.
Aggravating & Mitigating Factors
Aggravating
- Background of intimidation or coercion
- Use of drugs, alcohol or other substance to facilitate the offence
- Threats to prevent victim reporting the incident
- Abduction or detention
- Number of victims involved
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an adult offender, of previous good character who was convicted after trial.
Type/nature of activity: Where the activity is arranged or facilitated as part of a commercial enterprise, even if the offender is under 18
- Starting points and sentencing ranges: As this offence is primarily aimed at persons organising the commission of relevant sexual offences for gain, and sometimes across international borders, this is the most likely aggravating factor.
- Starting points and sentencing ranges should be increased above those for the relevant substantive offence under sections 9 - 13.
Type/nature of activity: Basic offence as defined in the SOA 2003 assuming no aggravating or mitigating factors.
- Starting points and sentencing ranges: The starting point and sentencing range should be commensurate with that for the relevant substantive offence under sections 9 - 13.
Relevant Sentencing Case Law
R v Glancey [2011] EWCA Crim 118 is an example of a case falling just short of a sentence for public protection. D with relevant previous convictions downloaded indecent images of children. He then made contact with an undercover police officer discussing ways of obtaining images of children and what he wished to do with children. Sentence of 4 years 2 months with a 5 year extended licence period upheld.
Ancillary Orders:
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
- Where the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006).
Consider Also:
- Dangerous Offender provisions apply. Sentences for public protection must be considered.
