ACN, R v

A sentence imposed on a young offender will not be manifestly excessive where the judge applies both the relevant offence guideline and the guideline for sentencing children and young people, taking proper account of aggravating and mitigating features.

The former detention regime under section 53 of the Children and Young Persons Act 1933 does not govern detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000. The latter is subject to ordinary determinate-sentence release arrangements. Historic authority based on the repealed regime should not be cited in support of a contrary proposition.

The applicant, then aged 18, was convicted after trial of four offences of rape and two offences of sexual assault against a child under 13. The offending occurred over a prolonged period when the applicant was aged 15 or 16.

On 31 October 2017, the sentencing judge imposed concurrent six-year detention terms under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000. The applicant renewed an application for leave to appeal against sentence after a single judge had refused leave. He contended that the sentence was manifestly excessive, that section 91 detention was unnecessary, and that it could exceed the sentence imposed on an older offender.

1. The renewed application for leave to appeal against sentence was refused. The sentencing judge had correctly applied both the relevant sexual-offences guideline and the guideline for sentencing children and young people. The judge was entitled to take an adult starting point of 12 years after accounting for the quantity of offending, and then to apply a 50 per cent reduction for youth, producing six years' detention. The resulting sentence was not manifestly excessive.

2. The court rejected the submission derived from R v Burrowes 7 Cr App R (S) 106. That case arose under section 53(2) of the Children and Young Persons Act 1933, a repealed regime under which the Secretary of State could authorise release at any point and thereby permit close supervision throughout the term.

3. Detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 is materially different. It is subject to the same early-release arrangements as a determinate custodial sentence, including release on licence at the halfway point. Burrowes was correct under its former statutory regime, but it does not support a rule governing section 91 detention and should no longer be cited for that purpose.

• Court of Appeal (Criminal Division) — The renewed application for leave to appeal against sentence was refused: [2018] EWCA Crim 1507.

• Sentencing court — Following conviction after trial, concurrent six-year detention terms were imposed under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 on 31 October 2017. A single judge subsequently refused leave to appeal.