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Dominic Casciani

๐Ÿ‘ค Speaker
152 total appearances

Appearances Over Time

Podcast Appearances

Newscast
Why Did Teenage Rapists Avoid Custody?

That's the background, and then the judge has the sentence.

Newscast
Why Did Teenage Rapists Avoid Custody?

And then basically, it's not a balancing of those two things, that a judge takes those factors into account, and then he or she comes up with the number.

Newscast
Why Did Teenage Rapists Avoid Custody?

It gets a little bit more complicated when it comes to youth offending, and I'll come back to that in a second.

Newscast
Why Did Teenage Rapists Avoid Custody?

But in essence, what the prosecution said was this was a series of offences of the highest harm possible.

Newscast
Why Did Teenage Rapists Avoid Custody?

what was called category one harm, which meant it was a sustained incident.

Newscast
Why Did Teenage Rapists Avoid Custody?

One of the victims, at least one of the victims, was particularly vulnerable.

Newscast
Why Did Teenage Rapists Avoid Custody?

There were additional factors which made it one of the most appalling crimes.

Newscast
Why Did Teenage Rapists Avoid Custody?

The personal responsibility of each of the offenders was the highest because they had significantly planned this and acted together and so on.

Newscast
Why Did Teenage Rapists Avoid Custody?

Therefore, that meant they went to the judge and said, if this was an adult offender, we

Newscast
Why Did Teenage Rapists Avoid Custody?

we'd be saying to you that the appropriate sentence would be between 12 and 19 years.

Newscast
Why Did Teenage Rapists Avoid Custody?

If it was an adult.

Newscast
Why Did Teenage Rapists Avoid Custody?

If it was an adult.

Newscast
Why Did Teenage Rapists Avoid Custody?

12 and 19 years.

Newscast
Why Did Teenage Rapists Avoid Custody?

Now, in the whole scheme of sexual offences dealt with in Crown Court, that's towards the high end.

Newscast
Why Did Teenage Rapists Avoid Custody?

You can't get much higher than 19 years before you get into life sentences.

Newscast
Why Did Teenage Rapists Avoid Custody?

That's the background.

Newscast
Why Did Teenage Rapists Avoid Custody?

Now, this is where it gets complicated because

Newscast
Why Did Teenage Rapists Avoid Custody?

A judge in a youth case then has to take into account prospects for rehabilitation.

Newscast
Why Did Teenage Rapists Avoid Custody?

It's a really important part of the exercise.

Newscast
Why Did Teenage Rapists Avoid Custody?

The sentencing guidelines are very, very clear that when they set about looking at the young offender, they've got to look at their development, prospects for rehabilitation, whether custody is really necessary at the end of the day,