Legislation relating to sexual offences usually provides for the maximum sentence to be imposed. In some cases, special provisions apply. For example, an offence by a person in authority is effectively treated as an aggravating factor in the case of certain sexual offences against children. It is the responsibility of the presiding judge to determine the sentence to be imposed in a particular case having heard all the evidence presented, and taking case law, including appeals, into account. This allows the court to weigh all the circumstances of the offence and all the relevant aggravating and mitigating factors.
Section 6 of the Criminal Justice Act 1993 provides for the making of a compensation order (on application or otherwise) against a convicted person by the court instead of or in addition to dealing with the person in any other way, unless it sees reason to the contrary. The Director of Public Prosecutions can appeal against a sentence imposed if she believes it to be unduly lenient. The Government is committed to a strategic review of penal policy, including sentencing, and I expect this review to get underway shortly.
In addition, the Law Reform Commission is reviewing the law on mandatory sentences and published a consultation paper in January this year. The Commission invited submissions on its consultation paper from interested parties and will publish its final report in due course. I will await the outcome of both these reviews and consider the recommendations made before taking any further action regarding the law on sentencing.
