Arranging Or Facilitating Commission of A Child Sex Offence

BSQ’s specialises in defending individuals accused of sexual misconduct. Part of our practice expertise in this area includes representing clients against allegations of arranging or facilitating the commission of a child sex offence.

Prosecutions for the offence of arranging or facilitating the commission of a child sex offence, contrary to Section 14 of the Sexual Offences Act 2003 often involve non-existent children discussing meeting for a sexual purpose online where no actual meeting or sexual activity transpires. In law, this serious offence can be prosecuted even when the child in question is fictional, and the intervention by authorities typically occurs before any physical meeting.

Online Chat Rooms

In BSQ’s experience offences frequently occur in online chat rooms where adults communicate with children or more specifically, adults posing as a child or their parent. This typically involves private individuals, including paedophile vigilante hunters or undercover police officers, engaging strangers in private chat rooms on platforms like Kik messenger.

In law, the offence of arranging or facilitating the commission of a child sexual crime can be prosecuted even when the child is fictional. In fact, in BSQ’s experience, many, if not most of the prosecutions for this offence take place where the child in question does not exist.

No Requirement for Sexual Activity

By definition, the section 14 offence is deliberately framed to capture conduct where no sexual activity takes place. This could be for a variety of reasons. The offence can also be triggered where any sort of reference is made to facilitate a meeting, even where the adult disengages from the activity at a very early point and no steps are taken to bring this about.

Sentencing

The sentencing guidelines for this offence were substantially increased by the Court of Appeal following the decision of R v Reid in April 2021.

The following year, on the 31st of May 2022, the Sentencing Guidelines Council issued new revised sentencing guidelines for this offence. These new guidelines require the Court to refer to the guidelines for the substantive underlying offence that was intended tto be committed when sentencing for the section 14 offence, even if no sexual activity takes place.

So, for example, discussions referring to the possibility of meeting for penetrative sex would involve applying the guidelines for the underlying offence of Sexual Activity With A Child (Section 9 of the Sexual Offences Act 2003).

Anyone accused of this offence should take specialist legal advice as, following the introduction of the new sentencing guidelines since the 31st of May 2022, it is now much more likely the individuals prosecuted for this offence especially when penetrative sexual activity is contemplated may receive a custodial sentence. This is not however always the case – as demonstrated by the case study of BSQ Client H.

Case Study – BSQ Client H

BSQ Client H had engaged very briefly in online conversations with an undercover police officer posing as a parent of a child on two occasions. Brief references were made to the possibility of meeting for the purpose of committing a section 9 offence but no follow-up action was taken by H, who desisted and left the chatroom. He was charged with two counts of arranging the commission of a child sexual offence. BSQ represented H in the Crown Court. Despite a starting point of 5 years imprisonment according to the sentencing guidelines, following mitigation on his behalf H received a suspended sentence and avoided imprisonment.

How BSQ Can Help

The law and procedures in sexual offence cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in these cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

Enquiries from friends and family

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties.

You can find more information about our sexual offences solicitors defence services, see our practice page.

If you are accused of a sexual offence and require legal representation, please contact our criminal defence solicitors in our London offices on 020 3858 0851.