B1432 – Statutory Sentence for Rape etc. Bill 2018 (Second Reading) Watch

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Saracen's Fez
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B1432 – Statutory Sentence for Rape, Sexual Assault by Penetration, and Related Offences Concerning Children Bill 2018 (Second Reading), TSR Government
A

B I L L

TO

Introduce a statutory sentence for rape, sexual assault by penetration, and related offences concerning children.

BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows—

1 Definition
"Statutory sentence" is the minimum prison sentence a convict must serve without parole.

2 Amendment
(1) Replacing Sexual Offences Act 2003 1 (4) from "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life." to "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life, with a 10-year statutory sentence." in Sexual Offences Act 2003.
(2) Replacing Sexual Offences Act 2003 2 (4) from "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life." to "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life, with a 10-year statutory sentence."
(3) Replacing Sexual Offences Act 2003 5 (2) from "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life." to "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life, with a 20-year statutory sentence."
(4) Replacing Sexual Offences Act 2003 6 (2) from "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life." to "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life, with a 20-year statutory sentence."
(5) Replacing Sexual Offences (Scotland) Act 2009 48 (2) from "Where an individual is convicted on indictment of rape, sexual assault by penetration, rape of a young child or sexual assault on a young child by penetration, a penalty of imprisonment without a fine may be imposed, but not a penalty of a fine alone; and the power of the court in section 199(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (to substitute a fine for imprisonment) is not available." to "Where an individual is convicted on indictment of rape, sexual assault by penetration, rape of a young child or sexual assault on a young child by penetration, a penalty of imprisonment without a fine may be imposed, but not a penalty of a fine alone; and the power of the court in section 199(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (to substitute a fine for imprisonment) is not available. A person guilty of an offence is liable, on conviction on indictment, to imprisonment for life, with a 10-year statutory sentence for an individual convicted on indictment of rapeand sexual assault by penetration, and a 20-year statutory sentence for an individual convicted on rape of a young child or sexual assault on a young child by penetration."

3 Exemptions
(1) If a person convicted of a crime included in this act committed the crime before reaching 18 years of age, the convict should have a minimum stay in a facility for persons of under that age of 5 years.
[field defaultattr=](2) If a person convicted of a crime included in this act has a mental age or understanding deemed below the age of 18, as judged by a court-approved specialist or specialist institution, the minimum sentence does not apply.

4 Commencement, Short Title, Extent and Conditions
(1) This Act shall come into force upon Royal Assent.
(2) This Act may be cited as the Statutory Sentence for Rape and Sexual Assault Offences 2018.
(3) This Act extends to England, Wales, and Scotland.


Notes
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Changes: Added reductions for mentally retarded persons and people under 18.

In a recent public consultation conducted by Her Majesty's Ministry of Justice, the citizens of TSR responded with a majority support for a statutory sentence for rape, with the average proposed minimum sentence being 8.3 years.

The Ministry has chosen to round that number up to 10 years, with equivalent raping of children having a statutory sentence of 20 years. Additionally, this introduces a mandatory life sentence in Scotland.

The average sentence served for convicted rapists was 8.3 years. (https://www.theguardian.com/society/...ustice-figures)

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Rakas21
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Aye.

A fantastic and well developed bill from our great Justice Secretary.
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CatusStarbright
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Sections 3(1) and 3(2) are confusing and contradictory in the case of under 18s.
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Saunders16
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There continues to be no sufficient reasoning provided for this, which seems to be typical of proposals for minimum sentencing, as they only ever tend to arise due to an understandable sense of anger over the crimes they relate to. However, while understandable, I trust the status quo above the government trying to do the job that our judiciary is there for.
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Baron of Sealand
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(Original post by CatusStarbright)
Sections 3(1) and 3(2) are confusing and contradictory in the case of under 18s.
In 3(2), I meant to say mental age under 18 but biologically 18 or above. Do I need to specify it this way?
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Baron of Sealand
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(Original post by Saunders16)
There continues to be no sufficient reasoning provided for this, which seems to be typical of proposals for minimum sentencing, as they only ever tend to arise due to an understandable sense of anger over the crimes they relate to. However, while understandable, I trust the status quo above the government trying to do the job that our judiciary is there for.
The electorates believe there is a need for it, and I believe in a democracy, that is sufficient reasoning.

If you opine that it is entirely the judiciary's job to set sentences, does it mean you oppose to all sentencing guidelines from the executive and all the laws that specify their sentences from the legislature?
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CatusStarbright
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(Original post by The Champion.m4a)
The electorates believe there is a need for it, and I believe in a democracy, that is sufficient reasoning.

If you opine that it is entirely the judiciary's job to set sentences, does it mean you oppose to all sentencing guidelines from the executive and all the laws that specify their sentences from the legislature?
The Sentencing Council is independent though it does have some links to the executive.

(Original post by The Champion.m4a)
In 3(2), I meant to say mental age under 18 but biologically 18 or above. Do I need to specify it this way?
Just replace 'person' with 'adult', or perhaps better would be 'person over the age of 18'.
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Lord Vitiate
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Another sh*t Bill from the Justice Secretary which shows the Conservatives’ lack of care for criminal law by allowing a layman rip it all up and replace it with legal ambiguities.
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Saracen's Fez
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Division! Clear the lobbies!
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