In framing guidelines the appeal court will also have to take account of the cost of different sentences and their effectiveness in preventing reoffending, and of the need to promote consistency in sentencing and public confidence in the criminal justice system. Guidelines spell out a range of penalties for a crime, depending on exacerbating factors such as the use of a weapon in a rape case, or mitigating factors such as youth. The panel, chaired by Martin Wasik, a professor at Manchester university, had its first meeting yesterday. It will make suggestions on its own initiative or at the request of the home secretary. When giving advice, it will tell the appeal court what sentences have been recently imposed for an offence and how expensive and effective the available sentences are.
Nothing undermines public confidence in sentencing more than inconsistency or disparity.
A government-backed review is to consider whether date rapists should receive shorter jail terms than those who are strangers to their victims. Another question for the sex offences review panel, set up by the home office, is whether rape by an acquaintance, husband or boyfriend should be re-classified as a lesser offence. But Ruth Hall of the campaign group Women Against Rape strongly opposed a lesser or separate offence of date rape. Lawyers are also unconvinced by the proposed reform, which has been prompted by the failure of juries to convict large numbers of alleged rapists. Home Office figures this week showed that the number of rapes reported to the police had tripled during the past 10 years but the conviction rate had halved.