Criminal

Consultation opens on sentencing for sexual offences

Picture of Justice atop Old Bailey for Your Expert Witness storyThe Sentencing Council for England and Wales is consulting on proposals for how guidance for courts on sexual offences should be brought up to date. It aims to give more focus to the impact on victims and reflect advances in technology, while making sure offenders are dealt with effectively.

Its draft sentencing guideline, which covers offences such as rape, child sex offences, indecent images of children, trafficking and voyeurism, proposes a variety of changes to how offending is dealt with by the courts.

The council believes that as well as physical harm, the psychological and longer term effects on the victim should be more fully reflected. Factors such as stalking and previous abuse, including violence, can make the victim more vulnerable to harm and are set out as factors that can be taken into account.

An expanded approach to how courts assess offenders is also proposed, so that courts look at the full context of their behaviour and motivation in committing any offence. This means giving focus to important aspects like grooming activity by both individuals and gangs, the targeting of vulnerable victims such as those in care and the abuse of trust and positions of power so that these are clearly reflected in sentence levels.

Announcing the consultation, the Sentencing Council said: "Public protection is a key element to the council's proposals and the approach to setting sentencing levels in the draft guidelines has been to reinforce the importance of firm and proper punishment and the prevention of reoffending. This is either through significant custodial sentences or treatment programmes that will address the offender's behaviour."

The review has also come about because the nature of offending has changed, for example with the increased use of technology in offences involving indecent images of children and the facilitation of sexual exploitation and grooming of children.

Sentencing Council member Lord Justice Treacy said: "We want to ensure sentences reflect everything the victim has been through and what the offender has done. We are looking at the whole context, not just the physical offence but also the tactics employed by offenders like grooming activity, the targeting of vulnerable victims or abuse of a position of trust.

"No one wants more people becoming victims, so protecting the public is a vital part of our proposals, whether this is by jailing offenders, or through rigorous treatment to stop them reoffending.

"This is a consultation: we want views on this extremely important subject."

The consultation began on 6 December 2012 and will last 14 weeks, closing on 14 March. It is open to criminal justice professionals, experts and members of the public, who can respond by visiting www.sentencingcouncil.org.uk and choosing either the full consultation or the simpler online version, which allows respondents to give their views on individual offences.