Sexual Offences Act 2003 - grounds for appeal?

[Allie_uk]

Hi,
My son was charged with public indecency in September 2004, he was 17 at the time.
He attended court last week and on the advice of his solicitor, pleaded guilty to an ammemded charge of fondling himself in a public place. The original charge stated that he went to a bus shelter, removed his clothing and masterbated. It happened at 2am and was witnessed by someone in a house nearby.
He has to attend court again on 11th March for sentencing.

What actually happened was.

My son attended an 18th birthday party about 300 yards from the bus shelter. He isn't used to drink but drink was freely available at the party. He had far too much to drink and was violently sick on his clothing in the house where the party took place. He was seen removing his vomit soaked shirt and throwing it in the garden of the house. His friends were shocked to see him in that state and tried unsuccessfully to get him back to the house. He started staggering away but only managed to get a few hundred yards when he was seen holding onto the side of the bus shelter. He then tried to remove his vomit soaked jeans and thats when the police were called.
The people in the house about 100 yards from the bus shelter reported him for masturbating even though the bus shelter is made from what was described as dirty perspex.

The police said he was very, very drunk and covered in vomit. They had to place him in a cell for 6 hours before they could talk to him. He came home at 8am after being released but was still quite incoherent.

Even though the court still has to hear his solicitors evidence on his behalf, we today received a letter saying he has been placed on the sex offenders register for 5 years.
His solicitor didn't get to talk in court on his behalf explaining why he was in that area and about him removing his top in the house where the party took place.
I doubt very much if he was even able to think about sex, let alone masturbate, seeing as he wasn't fit to stand when the police picked him up, only a few minutes after he was reported to them.

Is there any grounds for appeal?
I talked to his solicitor after the court because I thought the judge said he was placing my son on the register and she said I was given false information and it was only a possibility AFTER he receives sentencing.
The court social worker said he was going on the register and told us to go straight to the police station but the C.ID officer said it was also a mistake and after phoning the court he told us to go home. Then why, today did we recive a letter saying he had to go to the police station to register his details and it will continue for 5 years.

I'm at my wits end about this situation.
My son only went for a night out at a party, got extremly drunk and vomited, tried removing his clothing, perhaps his hands were in his genital area but he was incapable of anything sexual, even the police I talked to thought it was all blown out of proportion.
It was only someone in a house who said he was masturbating but she was 13. I know who she is and she is out all hours, drinking and getting picked up by the police.
How is this going to affect my sons life?
He is full time at college but works in a supermarket in the evenings and at weekends.
Could he lose his job over this ?
What does his future hold now?
Is his life ruined for one drunken night when he really did nothing wrong?
He isn't a sex offender, we all know that.

Can someone give me any advice please?

[val lavender]

Hi Allie

it is very difficult to appeal against a conviction once you have pleaded guilty to an offence, though not impossible.

The usual reasons are: either that your son did not understand the advice that he was given, that the crime was impossible or that undue pressure was used by the prosecution to accept a plea to a lesser offence. The latter reason is very rare.

Once a person has plead guilty their solictor does not offer any evidence in their defence, other than to offer any evidence that may mitigate the circumstances in an attempt to minimise any sentance involved.

If your son has been placed on the SOR you most check very carefully with the courts with regard to any other conditions imposed. The basic requirements are that your son must register at a police station, must inform the police prior to any change of address and inform the police of any overseas trips.

Different police forces approach the SOR in diffent ways in terms of how they administer the SOR. Some do little or nothing and others carry out visits at every three months to ensure that the person on the register is still resident at there stated address. Additionally, your son must be extremely careful with whom he associates and what he does on the internet as some forces take a very active stance with regard to people on the register in respect of such items.

If this has been imposed prior to sentance, it may be possible to appeal against this judgement at that point, you must check with your solicitor with regard to this.

I hope this is of some help.

Regards

Val

[Towermouse]

Have contacted you PM with details, time is of essence. you can get back to me 24/7 at contacts shown.

Regards

[maria]

hi did the court actualy say he would be put on the offenders list? or is that due to come out on the 11th march? i'm a little confused as to the police telling you to go home because if he was to go on the list he would have to register, also if your son does go on the list he may lose his job he will have to see a probabtion officer etc i hope for you and your son's sake this doesn't happen it seems to me they have took this far to far i really sympathise with you both good luck keep us posted luv maria x

[Allie_uk]

Thanks for the reply.
My son hasn't been sentenced yet, that will happen on the 11th March.
I thought the judge said he was placing him on the SOR and when we came out of court, the Criminal Justice social worker came to talk to us. She also said that he had been placed on the SOR and we had to report to the police right away, which we did. We met with a CID officer who phoned the court and was told that he wasn't being placed on the SOR, it was just a possibitity on March 11th. We then met our solicitor in town and she said someone had got their information wrong and that my son wasn't on the register, it was just a possibility after sentencing. But yesterday we received a letter from the courts saying that he was on the register for 5 years and to report to the police.
How can we be told one thing and then another?
I will go to our solicitor tomorrow to see what is going on.

My son was advised by the solicitor to plead guilty to a charge of fondling himself whilst naked instead of the original charge of masturbating naked in a bus shelter.

He had no idea where he was, he was absolutely leggless and covered in vomit after attending a party a few hundred yerds from the bus shelter. Thats the only reason he was in that area that night.
It happened at about 1.40am on a dark night. But the witness was a 13 year old girl who lives nearby. Her father backed her up even though he had just arrived home from a night out drinking.
The girl described my son as not too tall - when in fact, he is 6ft 2.
She described him as very skinny - when in fact he is size 36 jeans, x-l top and 14 and a half stone.
She described him all wrong but said it was the same person the police picked up.
She said she could clearly see him masturbating even though the shelter was made from what she described as 'dirty perspex'
If she got his description so wrong, how could she be so acurate about him masturbating, even though she also said he was hanging onto the side of the bus shelter (because he wasn't fit to walk)

We live in Scotland and I know a lot of laws are different here but we got that letter saying he was on the register even before he is sentenced.
I have very little knowledge of the law, never having had any dealings with it.
Our lives are in turmoil all because of one innocent night out by a young man who is clearly not a sex fiend and no danger to himself or anyone else.
Can't the courts see that young lads get leggless and get into scrapes. He certainly did not premeditate any sexual activity, in fact he wasn't fit to walk , let alone masturbate.

[Allie_uk]

Hi,
will email you now towermouse.

We were told by the solicitor and the CID officer that my son wasn't on the sex register after we were told by the criminal justice social worker that he was being placed on it.
I thought the judge said he was placing him on it.

Then yesterday we received a court letter saying that he was being placed on the register for 5 years.
My solicitor told us after the court that he wasn't being placed on it, it was only a possibility. The CID officer said the same when we went to the police station.
So how come we got the court letter saying he was on the register.

[webmoo]

Hi Allie_uk,

Firstly, thanks for registering, and I do hope you find these forums useful. However, please do not post the same message in more than one forum - it simply means others, and indeed yourself, have more than one place to check for replies and discussion. Thus, I have merged both of your threads into this single thread - there is a link from the other board to here so people wont get lost!

Do let me know if you'd prefer this thread to be in the other forum, or if I can be of any help - I'm only too happy to be of assistance!

Kind regards,

Webmaster

[Saffron]

Hi Allie

the administration of stuff like this is appalling. As far as I know, only a judge can decide whether your son should go on the SOR, and this is usually decided at sentencing. It is entirely down to the judge's discretion, so maybe someone has jumped the gun by sending out the letter. As your son has pleaded guilty to a sexual offence, the probation service and the police will automatically assume that he has been ordered to sign the SOR, but this is not always the case. My husband was told by the judge that he did NOT have to go on it, but we still had the police turn up after he was released from prison asking why he hadn't been to register.

The more I hear, the more appalled I am by the number of malicious false allegations, police incompetence and administrative cock-ups made by the police, probation and prison service.

Incidentally, interesting isn't it, that my husband was convicted of indecent assault and served time in prison, but didn't have to sign the register? The judge's way of telling us that the jury reached the wrong decision maybe?

I will be thinking off you on March 11th.

[maria]

hi saffron your hubby shouldn't have been sentenced let alone go to court i agee with all you have said the law is a joke bye the way how are thiings i really hope he has settled back down with you and things are going good for you both xoxoxo