A MAN who committed an upskirting offence at Primark in Poole has become the first person in Dorset to be convicted of the specific law against the act of voyeurism.
Craig Nicholas Herd, aged 35, was placed on the sex offenders register for five years by magistrates.
Herd was charged with a voyeurism offence in relation to an incident at Primark in the Dolphin Centre Shopping Centre on September 28, 2019.
The charge to which Herd admitted was brought under section 67 of the Sexual Offence Act.
This crime was carried out just five months after the Voyeurism (Offences) Act 2019, which amended the sexual offences act, came into force.
Since April 2019 there has been a specific criminal provision relating to upskirting.
The defendant, of Weatherbury Way, Dorchester, recorded an image beneath the skirt of a woman using a mobile phone with the intention that he or another person would look at the image for the purposes of obtaining sexual gratification.
Appearing in the dock at Poole Magistrates’ Court on Friday, January 22, Herd indicated a plea of guilty to the single charge against him.
The bench issued a 12-month community order, with a requirement that the defendant complete 30 rehabilitation activity days and carry out 120 hours of unpaid work. He was ordered to pay a £90 victim surcharge and £85 costs. Herd must register with police in accordance with the Sexual Offences Act for five years.
Tim Cole, CPS Wessex senior district crown prosecutor, said: “This is the first prosecution of its kind in Dorset since upskirting offences were introduced in 2019.
“CPS analysis has shown that the overwhelming majority of these crimes take place in the aisles of retail shops, and this case is yet another example of a woman being violated whilst shopping.
“Anyone affected by this vile practice should be assured that prosecutors will use this legislation to ensure that offenders are brought to justice.”
Christchurch MP Sir Christopher Chope came under a barrage of criticism when he shouted object to the bill that had been tabled to deliver the specific law in the House of Commons in June 2018.
In an interview with the Daily Echo, Sir Christopher said he supported the move to criminalise upskirting but said he objected to the procedure being used in Parliament because he does not agree with legislation being brought in with no debate at Second Reading.
He added that he wanted to to see the measure on the statute book in the fastest and surest way possible and would fully support it, which came to be in February 2019 when it was signed into law and came into force two months later.
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