25 May 2026

Youth Justice - sentencing for serious offences // Government's White Paper (May 2026)

The BBC has reported - Starmer 'appalled' by case of boys spared jail after raping teenage girls - BBC News (24 May 2026) and Girl raped by boys spared jail tells BBC judge's decision was like 'rock in my face' - BBC News 

The reports states - 'Two girls, then aged 15 and 14, were raped in separate incidents in Fordingbridge, Hampshire, in November 2024 and January 2025, by two 14-year-olds. Another boy, then 13, was also convicted for his involvement in the second attack.  ..... At a sentencing hearing for the boys on Thursday, Judge Nicholas Rowland said he wanted to "avoid criminalising these children unnecessarily". Instead, the boys were given Youth Rehabilitation Orders (YROs).

The article also tells us that the Law Officers are considering

whether to refer the sentences to the Court of Appeal (Criminal Division) under the "unduly lenient" legislation (Criminal Justice Act 1988) - 'If it appears to the Attorney General - (a) that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and (b) that the case is one to which this Part of this Act applies, he may, with the leave of the Court of Appeal, refer the case to them for them to review the sentencing of that person .....'

At the time of writing sentencing remarks have not been published which, given the inevitable publicity the case was bound to attract, is something the judiciary ought to consider carefully. Such remarks are crucial for accurate public understanding of why any particular sentence has been imposed

When considering any criminal case we should also remember that the trial judge would have had ALL the relevant information about the offence(s), the victims, the offenders. Pre-sentence reports will have been prepared to assist the judge. 

Rape is of course one of the most serious offences known to criminal law and the offence is defined at Sexual Offences Act 2003. In addition to having suffered from the offence itself, a victim will undergo a traumatic experience involving intimate medical examination and, if charges are brought, the need to give evidence in court. The whole process is lengthy and difficult. The imposition of Youth Rehabilitation Orders is seen by one victim to be like a "rock straight in my face." She plainly sees the sentences as inadequate and, to be frank, so do many people - probably the majority of people. 

BUT what is the law?

The main aim of youth justice is the prevention of offending by children and young people and courts must always consider the welfare of the offender - Youth Justice System | Youth Justice Legal Centre

The Sentencing process is set out by the Sentencing Council - Sexual offences – Sentencing children and young people

The general policy of youth justice is NOT to impose custodial sentences (i.e. Detention and Training Orders) unless they are absolutely necessary. Hence, for most serious offences a Youth Rehabilitation Order is the likely outcome.

YRO can be tailored to address the needs of the individual child, the risk of harm and the risk of re-offending. Each sentence includes different requirements.  There is no minimum period for a YRO but they can last up to three years.

The judge would have faced either imposing a custodial sentence or a YRO. The guidance notes -


The actual choice depends on ALL the facts of the case. YRO vary in intensity and are classed as Standard, Enhance, Intensive - see the guidance for details.

The Attorney General's decision on referral is awaited. The Law Officers act independently of the Prime Minister (or other Ministers) when making such decisions.


*** White Paper ***

In May 2026, the government issued a White Paper - Cutting Youth Crime. Changing Young Lives.

Chapter 5 of the paper indicates a government plan to move to secure custodial environments that protect the public and support rehabilitation. 

Responding to the White Paper the Bar Council said that Youth justice needs a shift from criminalisation - 


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