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Judges follow sentence guidelines Judges follow sentence guidelines
(about 6 hours later)
By Katie Dawson BBC NewsBy Katie Dawson BBC News
Following the detention of a teenager who kidnapped and raped a five-year-old boy, eight days after avoiding custody for another child rape, the BBC investigates the sentencing process.Following the detention of a teenager who kidnapped and raped a five-year-old boy, eight days after avoiding custody for another child rape, the BBC investigates the sentencing process.
Victims are invited to tell a judge how a crime has affected themVictims are invited to tell a judge how a crime has affected them
When sentencing, judges and magistrates are required to refer to a national set of guidelines to ensure consistency across courts in England and Wales.When sentencing, judges and magistrates are required to refer to a national set of guidelines to ensure consistency across courts in England and Wales.
The sentencing guidelines are created by two independent bodies - the Sentencing Guidelines Council, chaired by the Lord Chief Justice, and the Sentencing Advisory Panel.The sentencing guidelines are created by two independent bodies - the Sentencing Guidelines Council, chaired by the Lord Chief Justice, and the Sentencing Advisory Panel.
Both groups work together to produce advice on appropriate punishments for all types of crime, which is regularly updated.Both groups work together to produce advice on appropriate punishments for all types of crime, which is regularly updated.
When sentencing, victims are invited to inform the judge of how the crime has affected them through a victim impact statement.When sentencing, victims are invited to inform the judge of how the crime has affected them through a victim impact statement.
A judge in Manchester was criticised for giving a teenager a community order for raping a seven-year-old boy in Tameside after he allegedly considered the victim's family, who forgave the youth because of their Christian beliefs.A judge in Manchester was criticised for giving a teenager a community order for raping a seven-year-old boy in Tameside after he allegedly considered the victim's family, who forgave the youth because of their Christian beliefs.
The Crown Prosecution Service (CPS) lodged an appeal against the sentence on the grounds it was too lenient.The Crown Prosecution Service (CPS) lodged an appeal against the sentence on the grounds it was too lenient.
The 16-year-old went on to kidnap and rape another boy eight days later.The 16-year-old went on to kidnap and rape another boy eight days later.
Victims, and their friends and families, are bound to have different views of their offenders and the punishment they deserve A spokesman for Victim SupportVictims, and their friends and families, are bound to have different views of their offenders and the punishment they deserve A spokesman for Victim Support
Lawyer Julian Young, from London-based law firm Julian Young & Co, said judges considered the impact of the crime on the victim when sentencing, but the victim's views should not determine the sentence.Lawyer Julian Young, from London-based law firm Julian Young & Co, said judges considered the impact of the crime on the victim when sentencing, but the victim's views should not determine the sentence.
He said: "There's a danger that a victim's family may say something that may have an effect that they did not understand or intend."He said: "There's a danger that a victim's family may say something that may have an effect that they did not understand or intend."
Victim Support said it supported a "pro-victim approach to delivering justice" but acknowledged that the case of the Tameside teenager showed difficulties can arise when victims' views are taken into account.Victim Support said it supported a "pro-victim approach to delivering justice" but acknowledged that the case of the Tameside teenager showed difficulties can arise when victims' views are taken into account.
A spokesman for the charity said: "Victims, and their friends and families, are bound to have different views of their offenders and the punishment they deserve - and they are entitled to these views.A spokesman for the charity said: "Victims, and their friends and families, are bound to have different views of their offenders and the punishment they deserve - and they are entitled to these views.
"We would always support a pro-victim approach to delivering justice."We would always support a pro-victim approach to delivering justice.
"But this case does illustrate the complexities that can arise when victims' views are taken into account in sentencing as undoubtedly there will be those saying this offender has got off more lightly than he deserved.""But this case does illustrate the complexities that can arise when victims' views are taken into account in sentencing as undoubtedly there will be those saying this offender has got off more lightly than he deserved."
Mitigating factorsMitigating factors
When sentencing for any crime, judges need to take into account a range of factors, including the age of the victim and their vulnerability.When sentencing for any crime, judges need to take into account a range of factors, including the age of the victim and their vulnerability.
In rape cases, "the extreme youth or old age of a victim should be an aggravating factor", according to the Sexual Offences Act 2003 sentencing guidelines.In rape cases, "the extreme youth or old age of a victim should be an aggravating factor", according to the Sexual Offences Act 2003 sentencing guidelines.
The immaturity of the offender must also be taken into consideration, as well as factors including previous convictions, planning of the offence, whether an offence was committed while the defendant was on bail for another crime or under the influence of alcohol or drugs, and the risk of reoffending.The immaturity of the offender must also be taken into consideration, as well as factors including previous convictions, planning of the offence, whether an offence was committed while the defendant was on bail for another crime or under the influence of alcohol or drugs, and the risk of reoffending.
Mitigating factors are put forward by the defendant's council, which also have to be taken into consideration by the judge. Mitigating factors are put forward by the defendant's counsel, which also have to be taken into consideration by the judge.
Unduly lenientUnduly lenient
These can include the defendant showing remorse, being provoked, having mental illness or disability and his or her age.These can include the defendant showing remorse, being provoked, having mental illness or disability and his or her age.
If the CPS deems a sentence too lenient, it will lodge an appeal with the Attorney General's Office.If the CPS deems a sentence too lenient, it will lodge an appeal with the Attorney General's Office.
Latest figures reveal that in 2008, 71 sentences were considered by the Court of Appeal - 80% of these were found to be unduly lenient and 52 offenders had their sentences increased.Latest figures reveal that in 2008, 71 sentences were considered by the Court of Appeal - 80% of these were found to be unduly lenient and 52 offenders had their sentences increased.
In 2007, 106 sentences were reviewed by the Court of Appeal and 75 offenders had their sentences increased.In 2007, 106 sentences were reviewed by the Court of Appeal and 75 offenders had their sentences increased.
Overall, the sentences passed on 274 offenders were drawn to the attention of the Attorney General in 2008, compared to 342 in 2007.Overall, the sentences passed on 274 offenders were drawn to the attention of the Attorney General in 2008, compared to 342 in 2007.