Incitement Offence Avoids Immediate Custody

10th November 2022 | Lawtons News| Sex Offences News & Stories|
Nick Titchener headshot

Nick Titchener

Managing Partner

not guilty of rape and sexual assault

On the 31st of October 2022, our 22-year-old client appeared at Caernarfon Crown Court to be sentenced for one offence of attempting to cause/incite a child to engage in sexual activity, to which he had pleaded guilty on a previous occasion. In all but the most exceptional cases, an immediate custodial sentence would normally be imposed.

Previously, following a conference with instructed Counsel, Ruby Selva from 15 New Bridge Street Chambers, a strong letter of representation was drafted by our specialist solicitor, Paul Dillon, from our Private Client Team. This was sent to the Crown Prosecution Service (CPS) who were persuaded to “drop” an additional charge of arranging to meet a child for sexual activity, which was an even more serious charge.

We also instructed a consultant psychiatrist to prepare a report to identify our client’s mental health issues including confirmation of a late diagnosis of ADHD. This report was available to the Court & Probation Service and formed part of our Sentencing submissions to the court.

Below is a direct quote from the sentencing Judge who despite the above had intended to send our client to prison.

“When I walked in this morning I was set on giving you an immediate term – but I am persuaded by your Counsel – her note and oral submissions”


Following detailed oral and written submissions on behalf of our client, the Judge was persuaded to impose a suspended sentence order with Rehabilitation Requirements and was able to return to his family home. 

The expertise and tactical approach in this sexual abuse case undoubtedly had a direct bearing on the outcome of the case and the extremely favourable outcome for our client 

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