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Sunday 22 September 2019

Barrister Convicted Under New Upskirting Legislation



Daren Timson-Hunt, 55, of Stanford-le-Hope, Essex, admitted an offence under section 67A of the Sexual Offences Act 2003 during his recent appearance at Westminster Magistrates' Court.

The charge relates to an incident on 1st June 2019 when the former HMRC and Government lawyer concealed his mobile phone in an effort to film up the skirt of a young female Tube passenger.

Timson-Hunt, who lost his job as director of a primary school in Essex as a result of the case, then followed the woman after she got the Northern Line train at Embankment station.

Aaron McCallister, prosecuting, told the court: "He was observed to go to the bottom of the stairs and wait until she was at the top to take his phone out."

"A member of the public also noticed him."


Nicholas Opston, mitigating, said: "The defendant has lost his job as a result of these proceedings, he's been sacked summarily and he's looking for work. He is living in London and has to be able to travel around on the Tube."

Presiding Justice Sarah Houston called for pre-sentence reports before deciding whether or not the court's power is sufficient to sentence Timson-Hunt.

Imposing strict bail conditions, she said: "Mr Timson-Hunt, this matter is too serious for us to sentence.

"We're going to ask for more information before doing so. This means you will be interviewed by a probation officer in this building.

"You will then comeback to court on 26th September to be sentenced. Your bail conditions have changed slightly.

"From now on you are not to travel on any London Underground network unless attending one of the following - a medical appointment, a pre-arranged meeting with a solicitor, a court hearing, or a job interview.

"Second, you are not to have a device capturing an image or recording in any public place, with the exception of one work-related laptop which must be turned off and conveyed in a closed laptop bag."


Detective Inspector David Udomhiaye, of the British Transport Police Sexual Offences Unit, said: "We're pleased that we have been able to charge someone for the very first time under the new legislation - this is a big step in us clamping down on this invasive and disgusting form of sexual offending."

Siwan Hayward, Director of Compliance and Policing at Transport for London, said: "Upskirting is a predatory crime and we are determined to rid the transport network of this vile offence.

"We will continue to work closely with the police using this new legislation to push for the strongest charges for offenders.

"We would strongly encourage anyone who experiences this crime to please report it by texting 61016 or calling 101, so that it can be investigated."

This is one of the first offences charged under the new legislation, which came into being earlier this year with the enactment of the Voyeurism (Offences) Act 2019.

Update (26/9/2019): Timson-Hunt has been sentenced to a 24 month community order, with a 35-day programme requirement, up to 30 days rehabilitation activity requirement (RAR) and 60 hours of unpaid work. He will also appear on the sex offenders register for five years.

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