Wednesday 20 July 2022

Two Law Commission reports and a Sentencing Council consultation

Wedding ceremonies:

The Law Commission has published a report proposing major reform of "Weddings Law" in England and Wales. Details may be seen via the following links - 

Outdated weddings laws to be overhauled under new reforms | Law Commission

Celebrating Marriage: A New Weddings Law

Weddings | Law Commission

For further discussion see the Law and Religion blog - Law Commission final report on reforming weddings law in England & Wales | Law & Religion UK (lawandreligionuk.com) and also Law and religion round-up – 24th July | Law & Religion UK (lawandreligionuk.com)

It will now be  for the government to decide whether to take action over the report and, if so, what form of action.

Intimate image abuse:

It is just over 3 years since the offence of "upskirting" became law - ‘Upskirting’ law comes into force - GOV.UK (www.gov.uk). The Voyeurism (Offences) Act 2019 came into force on 12 April 2019 and inserted section 67A into the Sexual Offences Act 2003. (Note also sections 67 and 68 of the 2003 Act).

In the first year of the upskirting offence there were 16 men convicted of 48 offences - CPS discloses number of upskirting convictions in year since law introduced | ITV News

In the second year there were 46 men and one teenage male convicted for 128 offences - Upskirting prosecutions more than double in second year since act became criminal offence | The Independent

At the request of the government, the Law Commission has now proposed reforms to strengthen the criminal law to protect victims of intimate image abuse.  The reforms are aimed at making it easier to prosecute those who take or share exual, nude or other intimate images of people without their consent.

See Law Commission - Reforms to protect victims of intimate image abuse, criminalising “downblousing” and sharing pornographic deepfakes without consent  | Law Commission

and

Taking, making and sharing intimate images without consent | Law Commission

Sentencing Council - Motoring offences:

Driving on the roads is one activity which is perhaps more likely than any other to result in an individual being prosecuted for some criminal offence. For example, only a brief interval of driving could result in death or serious injury to someone. If the driving is then considered by the Crown Prosecution Service (CPS) to be inconsiderate, careless or dangerous then charges can be brought and, if a court agrees, a conviction will follow and a considerable sentence can be imposed (often including imprisonment).

The Sentencing Council has proposed new guidelines for motoring offences.

Motoring offences: proposed sentencing guidelines published – Sentencing (sentencingcouncil.org.uk)

A comprehensive package of 12 new and revised sentencing guidelines for offenders convicted of motoring offences in England and Wales have been published today by the Sentencing Council for a three-month consultation.

The consultation runs until 29 September 2022.

20 July 2022

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