R, R. v

Section 14 of the Sexual Offences Act 2003 creates a substantive offence which criminalises intentional preparatory acts directed to a specified child sex offence. It is wider than the ordinary law of attempt and does not require an agreement, consent or acquiescence from another person before an arrangement may exist.

An attempt to commit the section 14 offence remains possible. Where a defendant’s request, if accepted, would complete the arrangement, a jury may find that making it was more than merely preparatory to that substantive offence. Whether the same conduct amounts to the completed section 14 offence may remain open where the appeal can be decided on attempt.

The prosecution appealed, with leave, from a terminating ruling made by HHJ Whitburn QC during a trial at Teesside Crown Court. The respondent was charged under section 14 of the Sexual Offences Act 2003 with arranging or facilitating a child sex offence.

The prosecution evidence was that the respondent asked a prostitute to find a girl aged 12 or 13 for sexual activity and later sent two text messages asking whether she had found such a girl. She made no enquiries and gave no indication that she would do so. At the close of the prosecution case, the judge ruled that the evidence could amount neither to the completed section 14 offence nor to an attempt.

The central issue was whether the request and messages were capable of constituting an attempt to arrange the commission of a child sex offence.

1. Appeal allowed. The terminating ruling was varied. Proceedings could resume in the Crown Court on an allegation of attempting to commit the section 14 offence, subject to any separate argument before the trial judge that amendment at that stage would be unfair.

2. Section 14 of the Sexual Offences Act 2003 criminalises intentional preparatory conduct. It therefore covers conduct at an earlier stage than an attempt under the Criminal Attempts Act 1981. The provision does not require an agreement or another person’s consent or acquiescence. A person may make an arrangement by taking steps under a plan with the required criminal objective, even without involving anyone else.

3. The fact that section 14 itself criminalises preparatory acts does not prevent an attempt to commit that substantive offence. Section 1(4) of the Criminal Attempts Act 1981 did not exclude such an attempt.

4. On the prosecution evidence, the jury was entitled to find that the respondent’s request was more than merely preparatory to arranging the prohibited activity. If the prostitute had accepted the request, the arrangement would have been complete. The request could therefore be the final act needed before the completed section 14 offence, rather than an act merely preparatory to an attempt. The judge erred in withdrawing that alternative from the jury.

5. The court deliberately did not decide whether the request itself was capable of constituting the completed section 14 offence. That question remained unnecessary once the attempted-offence allegation could proceed.

• Court of Appeal (Criminal Division): Allowed the prosecution’s appeal from the terminating ruling and varied it so that proceedings for an attempt to commit the section 14 offence could resume.

• Teesside Crown Court: HHJ Whitburn QC ruled at the close of the prosecution case that the evidence could amount neither to the completed offence under section 14 of the Sexual Offences Act 2003 nor to an attempt.