Please read the following documentation and consider which areas of law might be relevant to the scenario. Your supervisor, Fiona Gee, is instructed to represent Adam Benton aged 15. Adam has been charged with an offence of rape contrary to s.5 Sexual Offences Act 2003. A copy of the charge sheet and a summary of the evidence of the alleged victim is attached. Adam appeared at Weyford Crown Court yesterday after his case had been sent from the Magistrates’ Court. Adam was remanded on bail with a condition that he should not contact Amy Unwin. He is due to appear in Court again in 3 weeks time. Fiona represented Adam at the hearing but she tells you that she has some concerns which now need to be addressed as soon as possible. Fiona wants you to check the law relating to this offence and wants to know in particular whether any human rights issues are likely to arise. She also thinks that, because of Adam’s age, the Crown Prosecution Service should have taken certain steps before making the decision to charge Adam. If these steps were not taken, Fiona wants to know what action can be pursued. The court made an order at yesterday’s hearing that Adam should not be named in the media. The local press, the Weyford Gazette, has today issued its weekly paper and included Adam’s name in its report of the case. Adam’s parents are furious and want to know what will happen now. Finally, when Adam appeared in Court he was handcuffed. Weyford Crown Court has a policy of insisting that defendants charged with serious offences are handcuffed during court proceedings. Fiona tells you that Adam was upset by this and wonders if an objection can be made if the Court wants to handcuff Adam at the next hearing. Please conduct the research required to deal with Fiona’s queries and present a report to her dealing with the issues. BLANKSHIRE POLICE WITNESS STATEMENT C.J. Act 1967, s.9 M.C. Act 1980, ss.5A(3) and 5B; and Criminal Procedure Rules 2005, Rule 27.1 Statement of (name of witness): AMY UNWIN (in full - Block Letters) Age if under 18 : 12 years This statement (consisting of 1 page signed by me) is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true. Signed: Amy Unwin Date: 16 October 2008 My name is Amy Unwin and I am 12 years old. I will be 13 in two weeks’ time. I have been going out with Adam Benton for the last three or four weeks. We met at a party. I had gone with my friend who knows Adam’s brother. I told Adam I was 15 years old when we met and I’ve continued to lie about my age since. I was worried that he wouldn’t want to see me if he knew I was only 12. Last night, I invited Adam to come to my house whilst my Mum and Dad were out. We watched a film and then I put my arms around Adam and kissed him on the lips. I asked him to make love to me but he said it was too soon. We continued to kiss and Adam became very passionate. I undid my blouse and he caressed my breasts. Adam then entered me with his penis and we began to have sex. After a few moments, my Mum and Dad came back in and were horrified to see what we were doing. My Mum rang the police whilst my Dad threw Adam out of the house. BLANKSHIRE POLICE Form MG 4A CHARGE(S) Surname: BENTON Custody No. W 002276 08 Forename: ADAM Arrest Date: 16/10/08 Address: FLAT 1 YO X? PYO ? Station: WEYFORD HIGH STREET WEYFORD M X? F ? Date of Birth: 27 12 1993 Postcode: WE5 6BH PO: ? Ethnicity: 1 Self Class: M1 Name of interpreter: You are charged with the offence(s) shown below. You do not have to say anything. But it may harm your defence if you do not mention now something which you may later rely on in court. Anything you do say may be given in evidence. Consec. No. Charge(s) That you raped Amy Unwin on 16th October 2008 at Quiet Haven, Holly Road, Weyford, Blankshire in contravention of Section 5 of the Sexual Offences Act 2003. CONTRARY TO SECTION 5(1) OF THE SEXUAL OFFENCES ACT 2003 Continuation charges: Yes ? No x? Reply (if any) Signed (person charging) Martin Allen Signed (appropriate adult) Debbie Benton Officer charging