Police, Crime, Sentencing and Courts Bill — New Clause 89 — Minimum Sentence of 7 Years for Rape — 5 Jul 2021 at 21:00

The majority of MPs voted against a statutory minimum sentence for rape of 7 years, with an exemption for exceptional circumstances.

MPs were considering the Police, Crime, Sentencing and Courts Bill^[1][2]

The proposed new clause rejected by the majority of MPs in this vote was titled: Minimum sentence for an offence under section 1 of the Sexual Offences Act 2003 and stated:

• (1) This section applies where—
• (a) an individual is convicted of an offence under section 1 of the Sexual Offences Act 2003, and
• (b) the offence was committed after the commencement of this section and at a time when the individual was aged 18 or over.
• (2) The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
• (3) In this section “appropriate custodial sentence (or order for detention)” means—
• (a) in the case of an offender who is aged 18 or over when convicted, a sentence of imprisonment, and
• (b) in the case of an offender who is aged under 18 at that time, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000.
• (4) In this section “the required minimum term” means seven years.’

The rejected new clause was accompanied by the following statement from its proposer:

• This new clause creates a statutory minimum sentence for rape of 7 years. A court must impose at least the statutory minimum unless it is of the opinion there are exceptional circumstances relating to the offence or to the offender which justify not doing so.

The motion rejected in this vote was:

• That the clause be added to the Bill.

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• [1] Parliament's webpage on the Police, Crime, Sentencing and Courts Bill, Parliament.uk
• [2] Explanatory notes to the Police, Crime, Sentencing and Courts Bill, Parliament.uk
• [3] Police, Crime, Sentencing and Courts Bill, as introduced on 12 May 2021, Parliament.uk
• [4] Section 61 of the Criminal Justice and Public Order Act 1994 as of 31 October 2011 (before the proposal being voted on here), Parliament.uk

Debate in Parliament |