Full list of maximum sentences at the bottom of this page
Did you know ?
17,727 sexual crimes against children under 16 were recorded in England and Wales in 2010/2011
43 police forces in England and Wales recorded 23,097 child sex offences in 2011. That included rape, incest, child prostitution and pornography.
Just as worryingly, only 2,135 of offences reported — ten per cent — led to someone actually being convicted and sentenced. Thousands of paedos escape scot-free.
Figures show that 134 of the 984 rapists jailed in 2011 in England and Wales were given sentences of four years or less. One got less than 12 months.
Official figures in 2011 showed more than 200 paedophiles who admitted having sexual activity with children aged under 13 were cautioned by police.
The most recent figures showed less than half of those who admitted or were convicted of such offences were jailed
Legislation sets out broad powers and limits but within these it is up to the court to decide how they should be applied in each individual case. Within the limits of the legislation, judges and magistrates have discretion in sentencing.
Criminal Justice Act 2003
The current law relating to the sentencing of adult offenders is largely contained in the Criminal Justice Act 2003
(Please note this link takes you to the original version of the Act which has been amended over time.) The Act aimed to provide a clearer and more flexible sentencing framework and sets out:
-
the purposes of sentencing;
-
general sentencing principles including:provisions relating to different types of sentence and when they may be applied;
-
the reduction in sentence for a guilty plea;
-
the principles relating to previous convictions and offences committed on bail; and
-
statutory aggravating factors.
-
-
provisions relating to the sentencing of dangerous offenders; and
-
provisions relating to release.
Maximum sentences
Legislation sets out the maximum sentence for certain offences. This sets the most severe penalty a court can give for an offence and the maximum sentences vary according to the seriousness of the offence. For example:
-
the Theft Act 1968 sets a maximum sentence of seven years’ imprisonment for the offence of theft;
-
the Road Traffic Act 1988 sets maximum sentence of 14 years’ imprisonment for the offence of causing death by dangerous driving.
For some offences, such as murder, robbery and certain sexual offences, legislation provides for a maximum sentence of life imprisonment.
Maximum penalties are intended to be imposed rarely and only in the most serious and extreme cases . For certain offences, legislation also sets a minimum sentence. In each case, the judge or magistrate must decide the appropriate sentence for the offence committed.
Types of sentence and court sentencing powers
Legislation sets out the different types of sentence available to a court and when they may be used including fines, community sentences and custodial sentences.
The maximum sentence that may be imposed in the magistrates’ court is six months imprisonment for a single offence (a year for two or more offences) and/or a fine of up to £5,000. In the Crown Court the maximum sentence that may be imposed is life (where the offence justifies such a sentence) and/or an unlimited fine.
-
When passing a sentence of life imprisonment, the judge should make clear what the determinate sentence would have been, and then fix the specified period.
-
The specified period of a life sentence should range from between one-half to two-thirds of the determinate term. The time that the offender has spent in remand should be deducted from the specified period.
-
One-half should be the normal proportion, less time spent in custody. But in some cases, more than one-half will be appropriate.
-
If a judge specifies a higher proportion than one-half, he or she should state the reasons for doing so.
-
A ‘whole life’ minimum term sentence can be imposed for the most dangerous offenders, meaning there is no minimum period which can properly be set in that case.
-
A life sentence average tariff is 14years equvalent to a 28yr sentence. However, depending on the age of the offender and mitigating circumstances it can be half that.
-
A 30yr minimum tariff is usually specified for serious offenders usually involving multiple murders .
-
Following their release, life sentence prisoners remain ‘on licence’ for the rest of their lives. This means that they are subject to supervision by the Probation Service, and may be recalled to custody at any time if the terms of the licence are breached.
Types of sentence
There are a number of different types of sentences available to the courts when sentencing an offender aged 18 or over. These include the most common types of sentences such as fines and more severe sentences for the most serious (and more rare) offences such as life sentences.
The judge or magistrate will decide the appropriate type and length of sentence depending upon the facts of each individual case, referring to sentencing guidelines and the law.
Below is the maximum sentences that can be passed for each offence
From the Law pages
SERIOUS SEXUAL OFFENCES |
||
---|---|---|
Rape |
Sexual Offences Act 1956 s.1(1) |
Life |
Sexual intercourse with girl under 13 |
Sexual Offences Act 1956 s.5 |
Life |
Attempted sexual intercourse with girl under 13 |
Sexual Offences Act 1956 s.5 |
7 years |
Sexual intercourse with defective |
Sexual Offences Act 1956 s.7 |
Life |
Incest by man with a girl under 13 |
Sexual Offences Act 1956 s. 10 |
Life |
Buggery of person under 16 |
Sexual Offences Act 1956 s.12 |
Open |
Indecency with children under 14 |
Indecency with Children Act 1960 s.1(1) |
10 years |
Taking, having etc. indecent photographs of children |
Protection of Children Act 1978 s.1 |
10 years |
Possession of indecent photograph of a child |
Criminal Justice Act 1988 s.160 |
5 years |
Assault with intent to commit buggery |
Sexual Offences Act 1956 s.16 |
10 years |
Abduction of woman by force |
Sexual Offences Act 1956 s.17 |
14 years |
Permitting girl under 13 to use premises for sexual intercourse |
Sexual Offences Act 1956 s.25 |
Life |
Allowing or procuring child under 16 to go abroad to perform |
Children and Young Persons Act 1933 ss.25, 26 |
Open |
Abduction of unmarried girl under 16 from parent |
Sexual Offences Act 1956 s.20 |
Life |
Permitting girl under 16 to use premises for intercourse |
Sexual Offences Act 1956 s.26 |
Life |
Causing or encouraging prostitution of girl under 16 |
Sexual Offences Act 1956 s.28 |
Life |
Rape |
Sexual Offences Act 2003 s. 1 |
Life |
Assault by penetration |
Sexual Offences Act 2003 s. 2 |
Life |
Sexual assault |
Sexual Offences Act 2003 s. 3 |
10 years |
Causing a person to engage in sexual activity without consent |
Sexual Offences Act 2003 s. 4 |
10 years |
Rape of child under 13 |
Sexual Offences Act 2003 s. 5 |
Life |
Assault of child under 13 by penetration |
Sexual Offences Act 2003 s. 6 |
Life |
Sexual assault of child under 13 |
Sexual Offences Act 2003 s. 7 |
14 years |
Causing a child under 13 to engage in sexual activity |
Sexual Offences Act 2003 s. 8 |
14 years |
Sexual activity with a child |
Sexual Offences Act 2003 s. 9 |
14 years |
Causing a child to engage in sexual activity |
Sexual Offences Act 2003 s. 10 |
14 years |
Arranging or facilitating commission of a child sex offence |
Sexual Offences Act 2003 s. 14 |
14 years |
Sexual activity with a child family member, with penetration (Offender over 18) |
Sexual Offences Act 2003 s. 25 |
14 years |
Sexual activity with a child family member, with penetration (Offender under 18) |
Sexual Offences Act 2003 s. 25 |
5 years |
Inciting a child family member to engage in sexual activity (Offender over 18) |
Sexual Offences Act 2003 s. 26 |
14 years |
Inciting a child family member to engage in sexual activity (Offender under 18) |
Sexual Offences Act 2003 s. 26 |
5 years |
Sexual activity with a person with a mental disorder |
Sexual Offences Act 2003 s. 30 |
14 years |
Causing or inciting a person with a mental disorder to engage in sexual activity |
Sexual Offences Act 2003 s. 31 |
14 years |
Engaging in sexual activity in the presence of a person with a mental disorder impeding choice |
Sexual Offences Act 2003 s. 32 |
10 years |
Causing a person with a mental disorder impeding choice to watch a sexual act |
Sexual Offences Act 2003 s. 33 |
10 years |
Inducement, threat or deception to procure sexual activity with a person with a mental disorder |
Sexual Offences Act 2003 s. 34 |
14 years |
Inducing person with mental disorder to engage in sexual activity |
Sexual Offences Act 2003 s. 35 |
14 years |
Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder |
Sexual Offences Act 2003 s. 36 |
10 years |
Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception |
Sexual Offences Act 2003 s. 37 |
10 years |
Care workers: sexual activity with a person with a mental disorder |
Sexual Offences Act 2003 s. 38 |
10 years |
Care workers: inciting person with mental disorder to engage in sexual act |
Sexual Offences Act 2003 s. 39 |
10 years |
Paying for sexual services – penetration – of a child under 13 |
Sexual Offences Act 2003 s. 47 |
Life |
Paying for sexual services – penetration – of a child under 16 |
Sexual Offences Act 2003 s. 47 |
14 years |
Causing or inciting child prostitution or pornography |
Sexual Offences Act 2003 s. 48 |
14 years |
Controlling a child prostitute |
Sexual Offences Act 2003 s. 49 |
14 years |
Facilitating child prostitution |
Sexual Offences Act 2003 s. 50 |
14 years |
Trafficking into UK for sexual exploitation |
Sexual Offences Act 2003 s. 57 |
14 years |
Trafficking within UK for sexual exploitation |
Sexual Offences Act 2003 s. 58 |
14 years |
Trafficking out of UK for sexual exploitation |
Sexual Offences Act 2003 s. 59 |
14 years |
SEXUAL OFFENCES AND OFFENCES AGAINST CHILDREN |
||
---|---|---|
Administering drugs to obtain intercourse |
Sexual Offences Act 1956 s.4 |
2 years |
Procurement of a woman by threats |
Sexual Offences Act 1956 s.2 |
2 years |
Procurement of a woman by false pretences |
Sexual Offences Act 1956 s.3 |
2 years |
Attempted sexual intercourse with girl under 13 |
Sexual Offences Act 1956 s.5 |
7 years |
Procurement of a defective |
Sexual Offences Act 1956 s.9 |
2 years |
Intercourse with a defective |
Sexual Offences Act 1956 s.7 |
2 years |
Incest by man with a girl under 13 |
Sexual Offences Act 1956 s.10 |
7 years |
Incest by woman with a girl under 13 |
Sexual Offences Act 1956 s.11 |
7 years |
Attempted incest by man with a girl over 13 |
Sexual Offences Act 1956 s.10 |
2 years |
Gross indecency between male of 21 or over and male under 16 |
Sexual Offences Act 1956 s.13 |
|
Indecent assault on a woman |
Sexual Offences Act 1956 s.14 |
10 years |
Indecent assault on a man |
Sexual Offences Act 1956 s.15 |
10 years |
Abuse of position of trust |
Sexual Offences (Amendment) Act 2000 s.3 |
|
Man living on earnings of prostitution |
Sexual Offences Act 1956 s.30 |
7 years |
Woman exercising control over prostitute |
Sexual Offences Act 1956 s.31 |
|
Living on earnings of male prostitution |
Sexual Offences Act 1967 s.5 |
7 years |
Inciting girl under 16 to have incestuous sexual intercourse |
Criminal Law Act 1977 s.54 |
2 years |
Ill-treatment of persons of unsound mind |
Mental Health Act 1983 s.127 |
|
Abduction of unmarried girl under 18 from parent |
Sexual Offences Act 1956 s.19 |
2 years |
Abduction of unmarried girl under 16 from parent |
Sexual Offences Act 1956 s.20 |
2 years |
Abduction of defective from parent |
Sexual Offences Act 1956 s.21 |
2 years |
Causing prostitution of women |
Sexual Offences Act 1956 s.22 |
2 years |
Procuration of girl under 21 |
Sexual Offences Act 1956 s.23 |
2 years |
Detention of woman in brothel |
Sexual Offences Act 1956 s.24 |
2 years |
Permitting girl under 16 to use premises for intercourse |
Sexual Offences Act 1956 s.26 |
2 years |
Permitting defective to use premises for intercourse |
Sexual Offences Act 1956 s.27 |
2 years |
Causing or encouraging prostitution of, intercourse with or indecent assault on girl under 16 |
Sexual Offences Act 1956 s.28 |
2 years |
Causing or encouraging prostitution of defective |
Sexual Offences Act 1956 s.29 |
2 years |
Soliciting by men |
Sexual Offences Act 1956 s.32 |
2 years |
Keeping a brothel |
Sexual Offences Act 1956 s.33 |
6 months |
Ill-treatment of patients |
Mental Health Act 1983 s.127 |
2 years |
Sexual intercourse with patients |
Mental Health Act 1959 s.128 |
2 years |
Sexual assault |
Sexual Offences Act 2003 s.3 |
Life |
Causing sexual activity without penetration |
Sexual Offences Act 2003 s. 4 |
Life |
Paying for sexual services – penetration of a child aged 16 or 17 |
Sexual Offences Act 2003 s. 47 |
7 years |
Engaging in sexual activity in the presence of a child |
Sexual Offences Act 2003 s. 11 |
10 years |
Causing a child to watch a sexual act |
Sexual Offences Act 2003 s. 12 |
10 years |
Child sex offence committed by person under 18 |
Sexual Offences Act 2003 s. 13 |
5 years |
Meeting child following sexual grooming |
Sexual Offences Act 2003 s. 15 |
10 years |
Abuse of trust: sexual activity with a child |
Sexual Offences Act 2003 s. 16 |
5 years |
Abuse of position of trust: causing a child to engage in sexual activity |
Sexual Offences Act 2003 s. 17 |
5 years |
Abuse of trust: sexual activity in the presence of a child |
Sexual Offences Act 2003 s. 18 |
5 years |
Abuse of position of trust: causing a child to watch sexual activity |
Sexual Offences Act 2003 s. 19 |
5 years |
Engaging in sexual activity in the presence of a person with a mental disorder |
Sexual Offences Act 2003 s. 32 |
7 years |
Causing a person with a mental disorder to watch a sexual act |
Sexual Offences Act 2003 s. 33 |
7 years |
Engaging in sexual activity in the presence of a person with a mental disorder |
Sexual Offences Act 2003 s. 36 |
7 years |
Causing a person with a mental disorder to watch a sexual act |
Sexual Offences Act 2003 s. 37 |
7 years |
Care workers: sexual activity in presence of a person with a mental disorder |
Sexual Offences Act 2003 s. 40 |
7 years |
Care workers: causing a person with a mental disorder to watch a sexual act |
Sexual Offences Act 2003 s. 41 |
7 years |
Causing or inciting prostitution for gain |
Sexual Offences Act 2003 s. 52 |
7 years |
Controlling prostitution for gain |
Sexual Offences Act 2003 s. 53 |
7 years |
Administering a substance with intent |
Sexual Offences Act 2003 s. 61 |
10 years |
Committing offence with intent to commit sexual offence |
Sexual Offences Act 2003 s. 62 |
10 years |
Trespass with intent to commit sexual offence |
Sexual Offences Act 2003 s. 63 |
10 years |
Sex with adult relative: penetration |
Sexual Offences Act 2003 s. 64 |
2 years |
Sex with adult relative: consenting to penetration |
Sexual Offences Act 2003 s.65 |
2 years |
Exposure |
Sexual Offences Act 2003 s. 66 |
2 years |
Voyeurism |
Sexual Offences Act 2003 s. 67 |
2 years |
Intercourse with an animal |
Sexual Offences Act 2003 s. 69 |
2 years |
Sexual penetration of a corpse |
Sexual Offences Act 2003 s. 70 |
2 years |
Creulty to children |
s1 Children & Young Persons Act 1933 |
10 years |
You must be logged in to post a comment.