Criminal Justice (Sentencing etc) Bill

Aggravation by reason of vulnerability

Aggravation by reason of vulnerability

36.—(1) It may be specified as an allegation alongside a charge of an offence against a person (“A”) that the offence is aggravated by reason of the victim’s vulnerability, but this is subject to subsection (6). #

(2) An offence committed by A is aggravated by reason of the victim’s vulnerability, if at the time of committing the offence—

(a) the victim was a vulnerable person, and

(b) A knew, or ought reasonably to have known, that the victim was a vulnerable person.

(3) Subsection (4) applies where—

(a) an allegation of aggravation is specified as mentioned in subsection (1), and

(b) the aggravation as well as the charge is proved.

(4) The court must—

(a) state on conviction that the offence is aggravated by reason of the victim’s vulnerability,

(b) record the conviction in a way that shows that the offence is so aggravated,

(c) in determining the appropriate sentence, treat the fact that the offence is so aggravated as a factor that increases the seriousness of the offence, and

(d) in imposing sentence, explain how the fact that the offence is so aggravated affects the sentence imposed.

(5) However, if—

(a) the charge is proved, but

(b) the aggravation is not proved,

A’s conviction is as if there were no reference to the aggravation alongside the charge.

(6) This section does not apply where the characteristic of the victim relied upon to prove that the victim was a vulnerable person at the time of the offence being committed is also an element of the offence.

(7) In this section, “vulnerable person” means—

(a) a person under the age of 18, or

(b) a person whose ability to protect himself or herself from violence, abuse, neglect or exploitation is significantly impaired through physical or mental disability or illness, old age or for any other reason.