Verdict and sentencing

The process of deciding on a "verdict", which is the decision of whether the abuser(s) are guilty of a charge, depends on the kind of court the trial took place in.

Magistrates' Court: If the trial was heard by a district judge, then they decide the verdict. If the trial was heard by magistrates, each magistrate makes their own decision of a verdict. The magistrates don't have to agree; if all magistrates agree, or if there is a majority decision of "guilty" (i.e., 2 out of 3 decide "guilty"), then a guilty verdict is given. If there are 2 magistrates and they disagree, the case will be re-heard by different magistrates.

Crown Court: The jury, which includes 12 people, will assess the evidence and return a verdict for each charge. Depending on what charges were involved in the case, the jury might find the abuser(s) guilty for some charges and not guilty ("acquitted") for others.

If the verdict is guilty, then the abuser(s) will be sentenced for the offence. This sentencing can happen immediately after the jury gives the verdict, or at a future hearing after reports are obtained on the defendant. These reports could be about mental health or risk posed to the general public.

The jury is asked to reach a unanimous decision (all 12 jurors agree), but if they take a long time deciding then the judge may allow the jury to decide on a verdict that 10 or 11 of the jurors agree on. If the jurors disagree more than this and cannot reach a verdict on a particular charge, this is referred to as a "hung jury". In this case, the prosecution may decide to have a second trial, called a "re-trial".

Source:

Rights of Women

If the jury or magistrate(s) find the abuser not guilty of all charges they are tried for, then the abuser(s) are acquitted of the offence and there will be no further action against them on these charges. Usually, unless new evidence relating to the offence(s) emerges, this means they cannot be tried again for this same offence.

A 'not guilty' verdict does not mean that the abuse or assault did not take place, or that your testimony was not believed. Prosecutors - the legal team who present your case - are held to a very high standard of providing proof of an abuser(s)'s guilt so that the jury and magistrates have no uncertainty whatsoever.

Source:

Rights of Women

If the abuser is found guilty, the Judge hearing the case will impose a sentence. The length and type of the sentence depend on:

• The Court in which the case was heard in (Crown or Magistrates').

• 'Aggravating' and 'mitigating' factors about the case.

• The type of conviction.

1. The Court:

In the Magistrates’ Court, the maximum sentence that a person can receive is 6 months imprisonment for one offence and 12 months imprisonment for more than one offence. There is no limitation in the Crown Court.

2. Factors about the case:

Aggravating factors include:

• The victim was abducted or detained during the offense.

• Multiple abusers acted together.

• The victim becomes pregnant or becomes infected as a result of the offense.

• The abuser has a background of intimidation or coercion.

• The abuser used drugs, alcohol or other substance to facilitate the offence.

For a full list of aggravating factors, please visit the CPS legal guidance website (link below).

Mitigating factor: the main mitigating factor is the age of the survivor(s) at the time of the offence, and whether or not the abuser(s) had a reasonable belief at the time of the abuse that the survivor(s) was/were over the age of 16.

3. The type of conviction:

Rape carries a minimum sentence of 4 years and a maximum penalty of life imprisonment; if the offender is found guilty of rape, the court is required to consider giving a life sentence (considering other factors such as whether the offender is considered a 'dangerous offender'). Within those limitations, the length of sentence will depend on number and age of victim(s), whether or not the offense was repeated, and other factors (see 'Starting Points' of the CPS legal guidance page).

Sentence length

The length of a sentence doesn't necessarily mean that the offender(s) will spend the entirety of that sentence in jail. When deciding the length of a sentence, judges can also take into account time spent on bail. Rapists in England and Wales usually serve half their sentence in prison, and the rest in the community under special restrictions on their movement and behaviour called 'licence conditions'.

Determinate

A determinate sentence has a fixed end date. Abuser(s) who receive a determinate sentence will usually be released from prison after serving half of the sentence. The abuser(s) will then spend the remaining period of their sentence on licence conditions (see above). (Note: if

the offender received a sentence of under 2 years, they will still be released halfway through the sentence, but will also be given 12 months supervision)

Extended

An extended sentence includes both a prison sentence and an extended period of supervision on licence after release from prison. When passing this sort of sentence, the judge will fix the length of time that the abuser(s) should spend in prison (custodial term) and the additional length of time that the abuser(s) should be on licence (extended licence period). The abuser(s) will usually be released from prison after serving two thirds of the

sentence in prison, but may have to apply to the Parole Board to be released. The abuser(s) will then spend the remaining one third of the custodial term in addition to the the extended licence period under license conditions and the supervision of the Probation Service.

Life

A life sentence is passed when an offence is particularly serious. However, only rarely does someone with a life sentence spend the rest of his life in prison. In most cases, the judge will set a minimum term, which is the minimum number of years that an offender has to spend in prison before he can be considered for release.

Sources:

CPS

Sentencing Council

Any sex offender punished with a two-and-a-half-year jail sentence also goes on the Sex Offenders Register. They remain on there "for life", although it can be reviewed after 15 years.

All child sex offenders are also recorded in this.

Being on the register means that people have to report to the police every year giving information about foreign travel, bank details and if they have a person under 18 in the house.

Similarly, The Domestic Violence Disclosure Scheme or ‘Clare’s Law’ gives any member of the public the right to ask the police if their partner or that of a close friend or family member may pose a risk to them.

To access the Sex Offenders register or request information on domestic abuse offences, you need to contact your local police station who will make a disclosure request for you.

Source:

GOV UK record for child sexual offences