Legal News

The new chairman of the Sentencing Council, Lord Justice Treacy, is calling for a minimum jail sentence of 15 years for violent rapists.

The Sentencing Council is responsible for deciding on prison sentences across England and Wales. The council is currently looking at sentencing for 50 sexual crimes as part of a two-year review and its finding will be published in December.

It is expected the new jail term for rapists who use extreme violence will be introduced later in 2013.

Lord Treacy has been a member of the sentencing council since 2010 – his predecessor was Lord Leveson, who was chair of the inquiry into phone hacking and media practices.

Lord Treacy said that over the last 10 years, sentencing had increased to meets the needs of some sexual offences. However in the case of violent rape the guidelines for sentencing would be increased from a minimum of 12 years to a minimum of 15 years to reflect a move towards longer jail terms for sex offenders.

Lord Treacy said increases in sentences for sexual offences were the result of courts giving more recognition to the experience of victims of sexual crime.

“In the last 15 to 20 years … the justice system has recognised the position of the victim. It didn't do so much in the past,” said Lord Treacy.

“Our guidelines focus much more on what has happened to the victim. The work we do involves substantial consultations with victims' groups so that we understand their view,” he added.

Sentencing guidelines are not rigid and judges can use their discretion in cases.

“I don't think judges feel particularly constrained by the guidelines," said Lord Treacy.

"They are guidelines, not tramlines. The law is that a judge must follow the guidelines, unless he or she considers it would not be in the interest of justice to do so."
Convicted criminals can also appeal their sentences in the Court of Appeal.

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