[2025] EWCA Crim 1113

The provisions of the Sexual Offences (Amendment) Act 1992 apply to this offence. Under those provisions, where a sexual offence has been committed against a person, no matter relating to that person shall during that person's lifetime be included in any publication if it is likely to lead members of the public to identify that person as the victim of that offence. This prohibition applies unless waived or lifted in accordance with section 3 of the Act. For the avoidance of doubt, we do not waive or lift the prohibition.

His Majesty's Solicitor General applies for leave to refer a sentence which she regards as unduly lenient. The sentence was passed by Her Honour Judge Wright sitting in the Crown Court at Sheffield on 21 May 2025 after the offender had pleaded guilty on the second day of his trial to a single offence of sexual activity with a child contrary to section 9 of the Sexual Offences Act 2003. The judge passed a sentence of 21 months suspended for 2 years. The essential criticism advanced by the Solicitor General is that the judge mischaracterised the offender's conduct as falling within category 1B of the guideline. It is submitted that it should have been characterised as falling within category 1A, which would have led to a much higher starting point and resulted in a custodial sentence that was too long to suspend. The offender responds by saying that the characterisation was justifiable and the sentence not unduly lenient once the full circumstances are known.