Sentencing sex offences
Kidnapping and deprivation of liberty
Sentencing terrorism offences
Youths: when is a crime grave?
Extradition—when warrants conflict
Doli incapax: Alive and well?
Parole: timing and compensation
Sexual Offences Act 2003: Definitive Sentencing Guidelines
The Sentencing Guidelines Council has issued definitive guidelines for offences under the Sexual Offences Act 2003. It is the duty of every court to “have regard” to the guidelines (Criminal Justice Act 2003 (CJA 2003), s172 ). The guidelines apply to all defendants sentenced on or after 14 May 2007 irrespective of when the offence was committed. The guidelines make clear that there is to be no distinction in relation to penalties for male and female defendants (with the obvious exception of primary offenders in rape cases), and that the gender of the victim will, in most cases, be irrelevant.
Assessing seriousness
The court will consider three factors when assessing the seriousness of the offence: degree of harm to the victim; level of offender’s culpability; and the risk posed to society by the offender.
Harm caused
Courts need to be careful to recognise that harm may be physical and/or psychological, and
