Law and Rights
The famous celebrity Rolf Harris - now aged 84 - has been convicted in the Crown Court at Southwark (Mr Justice Sweeney and a jury) of 12 counts of indecent assault committed in the period 1968 to 1986 - see BBC News 30th June 2014 - Rolf Harris: the charges against him. Mr Harris is to be sentenced on Friday 4th July and The Telegraph has already proclaimed that he could die in jail. Sweeney J is reported to have said: '?In reality given the conviction on all 12 counts it is inevitable that the type of sentence that is uppermost in the court?s mind is a custodial sentence and he must understand that.?
Sentencing of Mr Harris will raise similar consideration to those in the Stuart Hall case - previous post of 19th June 2013. It will be recalled that Mr Hall - now aged 84 - was convicted of 14 counts of indecent assault committed in the period 1967 to 1985/6. Following the Attorney-General's undue leniency application to the Court of Appeal, Mr Hall's sentence was increased to 30 months imprisonment. Mr Hall later faced 19 further charges but was convicted on two of them - see the sentencing remarks of Turner J dated 23rd May 2014. For those, he was sentenced to an additional 30 months imprisonment.
The sentencing
of ANY offender is a difficult exercise and the general factors in the Criminal Justice Act 2003 Part 12 apply together with any guidelines issued by the Sentencing Council and any relevant Court of Appeal decisions. The general factors in the 2003 Act include considerations of the purposes of sentencing, the seriousness of the offending, the culpability of the offender and any mitigation. A particularly important Court of Appeal decision in this context is R v H and others [2011] EWCA Crim 2753. This requires sentence to be passed according to the law as it was at the time of the offence and not as it is at the date of sentence. The maximum sentences in relation to historic sex offences are set out in Annex C to the Sexual Offences Definitive Guideline.
An excellent discussion of this guideline is by Felicity Gerry (now QC) on the UK Criminal Law Blog 18th December 2013 - Sentencing Historic Sexual Offences - The new Guidelines. The same blog contains a discussion of some general points relating to Historic Sexual Abuse Allegations
On the specific case of Mr Harris, for a detailed analysis see the UK Criminal Law Blog - Rolf Harris guilty of 12 counts of indecent assault. That post concludes by asking:
I would only add that it could prove to be important that Sweeney J asked for medical reports on Mr Harris before passing sentence - Guardian 30th June.
Other matters:
As part of the sentencing, Sweeney J will undoubtedly address ancillary orders including the possibility of (a) awarding compensation to victims (though this can be left to civil claims), (b) a Sexual Offences Prevention Order (particularly if the judge considers that there is risk of further offending), and Notification Requirements (Sexual Offences Act 2003 sections 80-92).
Daily Mail 1st July - Rolf Harris and how secrecy betrays justice
- R V Teret ~ "historical" Sexual Offending
The Judiciary website has published the sentencing remarks of Mr Justice Baker in the case of R v Teret. "Disc jockey" Ray Teret was well-known in the North West of England during the 1960s and 1970s. He has been sentenced to a total of 25 years...
- A Short News Roundup
Richard III - The final resting place for the mortal remains of King Richard III may now be settled as a result of a decision by the Queen's Bench Divisional Court - R (Plantagenet Alliance Ltd) v Secretary of State for Justice [2014] EWHC 1662. ...
- Sentencing Council - New Guideline Document For Sexual Offences
For individuals convicted of sexual offences, a new sentencing guideline document has been issued by the Sentencing Guidelines Council - Guideline. The guideline is issued in accordance with section 120 of the Coroners and Justice Act 2009 and...
- R V Stuart Hall ~ Sentencing
Update 16th December 2015 - Stuart Hall has been released from prison. He has served half his 30 month sentence and will be on licence for the remainder - BBC 16th December 2015. Update 11th July 2013 - the Attorney-General has referred...
- Unduly Lenient Sentences: A Useful Power; Well Used
Rt. Hon Dominic Grieve QC MPThe Criminal Justice Act 1988 s.36 - (1) 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...
Law and Rights
Rolf Harris ... historic sexual offences
Sentencing of Mr Harris will raise similar consideration to those in the Stuart Hall case - previous post of 19th June 2013. It will be recalled that Mr Hall - now aged 84 - was convicted of 14 counts of indecent assault committed in the period 1967 to 1985/6. Following the Attorney-General's undue leniency application to the Court of Appeal, Mr Hall's sentence was increased to 30 months imprisonment. Mr Hall later faced 19 further charges but was convicted on two of them - see the sentencing remarks of Turner J dated 23rd May 2014. For those, he was sentenced to an additional 30 months imprisonment.
The sentencing
of ANY offender is a difficult exercise and the general factors in the Criminal Justice Act 2003 Part 12 apply together with any guidelines issued by the Sentencing Council and any relevant Court of Appeal decisions. The general factors in the 2003 Act include considerations of the purposes of sentencing, the seriousness of the offending, the culpability of the offender and any mitigation. A particularly important Court of Appeal decision in this context is R v H and others [2011] EWCA Crim 2753. This requires sentence to be passed according to the law as it was at the time of the offence and not as it is at the date of sentence. The maximum sentences in relation to historic sex offences are set out in Annex C to the Sexual Offences Definitive Guideline.
An excellent discussion of this guideline is by Felicity Gerry (now QC) on the UK Criminal Law Blog 18th December 2013 - Sentencing Historic Sexual Offences - The new Guidelines. The same blog contains a discussion of some general points relating to Historic Sexual Abuse Allegations
On the specific case of Mr Harris, for a detailed analysis see the UK Criminal Law Blog - Rolf Harris guilty of 12 counts of indecent assault. That post concludes by asking:
How will the Judge approach the case?
The starting point for sentencing historic sexual offences is the new sexual offences guideline.
Additionally, as there are multiple counts to sentence for, our guide on totality and concurrent and consecutive sentences may be of interest.
Other matters:
As part of the sentencing, Sweeney J will undoubtedly address ancillary orders including the possibility of (a) awarding compensation to victims (though this can be left to civil claims), (b) a Sexual Offences Prevention Order (particularly if the judge considers that there is risk of further offending), and Notification Requirements (Sexual Offences Act 2003 sections 80-92).
Daily Mail 1st July - Rolf Harris and how secrecy betrays justice
- R V Teret ~ "historical" Sexual Offending
The Judiciary website has published the sentencing remarks of Mr Justice Baker in the case of R v Teret. "Disc jockey" Ray Teret was well-known in the North West of England during the 1960s and 1970s. He has been sentenced to a total of 25 years...
- A Short News Roundup
Richard III - The final resting place for the mortal remains of King Richard III may now be settled as a result of a decision by the Queen's Bench Divisional Court - R (Plantagenet Alliance Ltd) v Secretary of State for Justice [2014] EWHC 1662. ...
- Sentencing Council - New Guideline Document For Sexual Offences
For individuals convicted of sexual offences, a new sentencing guideline document has been issued by the Sentencing Guidelines Council - Guideline. The guideline is issued in accordance with section 120 of the Coroners and Justice Act 2009 and...
- R V Stuart Hall ~ Sentencing
Update 16th December 2015 - Stuart Hall has been released from prison. He has served half his 30 month sentence and will be on licence for the remainder - BBC 16th December 2015. Update 11th July 2013 - the Attorney-General has referred...
- Unduly Lenient Sentences: A Useful Power; Well Used
Rt. Hon Dominic Grieve QC MPThe Criminal Justice Act 1988 s.36 - (1) 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...