Sentencing - recent sentencing for non-recent rape

An announcement by West Yorkshire Police tells us that 8 men were sentenced, at the Crown Court in Bradford, for "non-recent Child Sex Offences"

Eight Men Sentenced For Non-Recent Child Sex Offences, Keighley | West Yorkshire Police

The BBC report is at Keighley grooming gang members given jail sentences - BBC News

We see that - 

• Amreaz Asghar 47 of Keighley was jailed for 4 and a half years for rape  
•   
• Perwaz Asghar 50 of Nottingham was jailed for 6 and a half years for two indecent assaults   
• 
  
• Mohammed Din 47 of Keighley was jailed for 14 years for 11 counts of rape 
• 
  
• Sajid Mahmood Khan 45 of Keighley was jailed for 3 years for rape  
• 
  
• Zehroon Razak 47 of Keighley was jailed for 6 and a half years for rape  
• 
  

• Fayaz Ahmed 45 - 7 and a half years - 2 counts of rape    

• Imtiaz Ahmed 61 -  9 years - rape

• Ibrar Hussain 47 - 6 and a half years - two counts of rape

The sentences will undoubtedly be seen by many as too low particularly given the ages of the victims at the time - between 13 and 16. 

The ages of the offenders at the time will have been relevant - most of them were then 21 or younger.

The offending took place in the later 1990s and sentencing is in accordance with sentencing law at the time of the offending. This follows from the point that criminal law is not applied retrospectively.

Sentencing for rape was formerly governed by the Court of Appeal (Criminal Division) decision in 

R v Billam 1986 

In Malone, R. v [1998] EWCA Crim 1462 (01 May 1998), the Court of Appeal said that 6 years imprisonment for a rape was "not wrong in principle"

Whether sentencing remarks will appear on the Judiciary website remains to be seen - Judgments Archive - Courts and Tribunals Judiciary.

It has been a continual plea (here and elsewhere) that ALL sentencing remarks for serious offences be published. That could only add to public understanding of the law and how it is applied in practice.

Sentencing for recent offences is subject to Sentencing Council guidance - see Rape – Sentencing

On sentencing of those under aged 25 (at the time of offending) see the previous post - Law and Lawyers: PC Harper ~ A Widow's fight for justice (ITV 15 March 2022)

In Clarke, Andrews and Thompson [2018] EWCA Crim 185 the Lord Chief Justice set out the modern approach to the sentencing of those who are legally adult (18 and over) but under the age of about 25.