What Ken Clarke should have said
David Blackburn 6:04pm
The Ken Clarke media storm continues. But, talk to lawyers and they complain that the
Justice Secretary did not have sufficient command of his brief to redirect Victoria Derbyshire’s line of questioning. There was one particularly illustrative example when she said:
“(The starting points) for single offence of rape by a single offender are 10 years’ custody if the victim is under 13, eight years’ custody if the victim is 13 but under 16, and five years’ custody if the victim is 16 or over.”
Those numbers look a little light and they create the impression that the justice system is soft on rapists. Clarke should have countered that Derbyshire’s example lies at the very bottom of the CPS’ sentencing guideline scale. Rape is rape, but the CPS recognises numerous ‘types of activity’ which attract different sentences. For example, at the top of the scale, the repeated rape of one or multiple victims carries a starting point of 15 years’ custody. Then the length of sentence is varied according to mitigating or aggravating circumstances. In the case of repeated rape, the sentence range stands at 13-19 years’ custody. Courts can also issue very stern sentences (often life) to repeat sexual offenders under the Dangerous Offender Provision. Clarke never mentioned these balances.
Neither did he say that plea bargaining (sentence discounting) is subject to judicial discretion, in order to protect victims. Currently, 33 percent is the maximum that can be shorn from a sentence if a guilty plea is entered at the defendant’s arraignment; thereafter, judges reduce the discount as the trial date approaches. The victim of attempted rape, who called in to the show, said that her assailant “pleaded not guilty at every single court appearance” before the trial began, then “first day of trial at the Old Bailey he pleaded guilty. He got a third discount off.” The justice secretary might have asked why the judge was so lenient with the discount, or at least promised to look into it.
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Axstane
May 19th, 2011 6:12pm Report this commentDB - have you actually read what you have written. Then please read it again.
"The victim of attempted rape, who called in to the show, said that her assailant “pleaded guilty at every single court appearance” before the trial began, then “first day of trial at the Old Bailey he pleaded guilty. He got a third discount off.”
David Blackburn
May 19th, 2011 6:20pm Report this commentAxstane,
Thanks for highlighting the missed negative! Long Day. Corrected now.
In2minds
May 19th, 2011 7:15pm Report this comment"talk to lawyers and they complain that the Justice Secretary did not have sufficient command of his brief to redirect Victoria Derbyshire’s line of questioning".
Uh oh! This sounds familiar, KC is often described as lazy and people with long memories know he does not read EU treaties but signs up to them. I can remember his time as a Junior Transport Minister, it was the same then.
Austin Barry
May 19th, 2011 7:32pm Report this commentIt's really about the way Ken says things in that smug, cultured voice redolent of the Shires and privilege. He is Big Beast, but unhappily it's a Sauropod.
John Montague
May 19th, 2011 8:55pm Report this commentAll the sentence figures you mention should be doubled.
The idea that a rapist guilty of the worst kind of offence could, with pleas and remission, be back on the streets in less than ten years is offensive. Ken is going to be put on trial for his failure to immediately do something about this namby-pamby sentencing, not for anything he said on the BBC.
There may be some crimes for which 'prison doesn't work', I don't know, but I'm pretty sure rape isn't one of them, for the simple reason that rapists should be kept off the streets, since we can't actually deprive them of the wherewithal.
daniel maris
May 20th, 2011 12:11am Report this commentJohn Montague is right.
The sentencing is not nearly long enough. The worst repeat offences should mean real life sentences.
Justathought
May 20th, 2011 12:20am Report this commentJust as I suspected Ken was superb on QT tonight and was enthusiastically received by the audience and respectfully by the panel.
Much to the chagrin of the media pack Ken's stock has risen.
Andrew Fletcher
May 20th, 2011 5:59am Report this commentHe's an EU loving wet , soft on crime , old and befuddled, permanently sozzled and out of it. Time for him to spend more time on the back benches
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