HC Deb 28 October 1976 vol 918 cc323-4W
Mr. Rose

asked the Secretary of State for the Home Department whether he will review the sentences available for children and young persons in cases of rape and serious violence against the person.

Mr. Merlyn Rees

Cases of rape and serious violence against the person by juveniles fall within the special provisions of Section 53(2) of the Children and Young Persons Act 1933, as amended by the Criminal Justice Act 1961. This provides that where a person under 17 is convicted on indictment of an offence for which an adult may be sentenced to imprisonment for 14 years or more, the court may, if it is of the opinion that none of the other methods by which the case may legally be dealt with is suitable, sentence the child or young person to be detained in such place and under such conditions as the Secretary of State may direct for a specified term not exceeding the maximum term of imprisonment with which the offence is punishable in the case of an adult.

A person under the age of 18 who is convicted of murder may not be sentenced to imprisonment for life, but under Section 53(1) of the Children and Young Persons Act 1933, as amended by the Murder (Abolition of Death Penalty) Act 1965, the court is required to sentence such a person to be detained during Her Majesty's pleasure; if so sentenced, he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct. I am satisfied that these provisions are adequate.