New Clause 89 - Minimum sentence for an offence under section 1 of the Sexual Offences Act 2003

Police, Crime, Sentencing and Courts Bill – in the House of Commons at 9:00 pm on 5th July 2021.

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Votes in this debate

‘(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 its 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.’—(Mr Lammy.)

This new clause creates a statutory minimum sentence for rape of 7 years. A court must impose at least the statutory minimum unless it is of the opinion there are exceptional circumstances relating to the offence or to the offender which justify not doing so.

Brought up.

Question put, That the clause be added to the Bill.

Division number 41 Police, Crime, Sentencing and Courts Bill — New Clause 89 - Minimum sentence for an offence under section 1 of the Sexual Offences Act 2003

Aye: 229 MPs

No: 354 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

The House divided: Ayes 229, Noes 355.

Question accordingly negatived.

The list of Members currently certified as eligible for a proxy vote, and of the Members nominated as their proxy, is published at the end of today’s debates.