Moved by
Lord Falconer of Thoroton
195: After Clause 101, insert the following new Clause—
“Minimum sentence for an offence under section 1 of the Sexual Offences Act 2003
(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 it 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.”
Member’s explanatory statement
This amendment would ensure those found guilty of abduction, sexual assault, and murder would receive a Whole Life Order as a starting sentence.