A JUDGE has asked for a written explanation for why it took three years to prosecute a 15-year-old west Cumbrian boy for a serious sexual assault.
At Carlisle Crown Court, the teenager, who has now turned 18, formally entered a guilty plea to the sexual assault, which he committed against 15-year-old girl in October 2021, when he was also 15 years old.
It happened in Whitehaven. The court heard that the offence took place in circumstances where there was “a lot of alcohol involved.”
The prosecution confirmed that, despite the age of the allegation and the youth of the defendant and his victim, a charging decision was not made until May 5.
Judge Nicholas Barker told the prosecutor in court he wanted to see an explanation in writing for why there had been such a long delay in getting the case to court.
“The delay here is exactly the sort of delay which undermines justice,” said Judge Barker. “It’s prejudicial to the justice of a case of this nature, with defendants and complainants of this age for it to be delayed to this extent.”
The teenager was arrested and interviewed on October 12, 2021, almost three years ago. Such a delay was “unconscionable,” said the judge, pointing out that there needs to be a detailed report setting out why this happened.
Judge Barker added: “It’s for me, as the judge in this court, to understand why a case of this sort is being conducted in this way.”
In the meantime, he said a pre-sentence report should be prepared to explain the defendant’s background and there should also be a victim personal statement prepared for the girl who was sexually assaulted.
The defendant will be sentenced on November 6.
Judge Barker told the teenager: “You have pleaded guilty to [this assault]; you must understand that this is a very serious offence, and the court might have in mind a term in a young offenders’ institution.”
The offence also meant that the teenager must now go on to the Sex Offender Register. For how long this will be the case will be decided on the day of sentence.
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