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16/02/2010
Young Torturers' Sentence 'Not Lenient'
The sentences for two brothers convicted of torturing two other children was not "unduly lenient" and will not be referred to the Court of Appeal.
The pair were given indeterminate sentences of detention for public protection with minimum terms of five years.
Today Attorney General Baroness Scotland decided not to refer the sentences imposed on the boys, now aged 11 and 12, to the appeal courts.
Baroness Scotland considered whether these terms - the earliest time the offenders can apply to be released - were possibly unduly lenient and should be reviewed.
The Attorney General, describing the case as "truly shocking" and the attack "sadistic", said: "The sentencing judge called it torture and gave them indeterminate detention for public protection with minimum terms of five years.
"He had to take into account their age and that the effect of a long period in custody would be very different from that on an adult, or even an older teenager.
"In this case the judge approached the sentencing exercise with care and, after looking at all the factors involved, I do not consider the terms to be unduly lenient."
Baroness Scotland emphasised that five years is the very least these boys will serve.
"If the offenders are ever released, they will remain on licence. This means that they will be supervised by the Probation Service and will have conditions imposed on them, for example in relation to where they can live and work.
"These facts are often overlooked when indeterminate sentences are passed."
The Attorney also studied the assessment of the offenders made by the judge, who acknowledged that an indeterminate sentence was a 'last resort'.
She said: "The judge stated that the offenders would be sentenced on the basis they had not intended to kill the boys, but this was prolonged sadistic violence, for no reason other than that they got a kick out of hurting and humiliating them.
"The judge noted that although young offenders could change and develop in a much shorter time than adults, it would have to be left to the professionals to determine when it would be safe to release them."
Baroness Scotland added: "The judge was clearly correct to impose indeterminate sentences of detention and I agree with his analysis and with the minimum terms he set."
(PR/BMcC)
The pair were given indeterminate sentences of detention for public protection with minimum terms of five years.
Today Attorney General Baroness Scotland decided not to refer the sentences imposed on the boys, now aged 11 and 12, to the appeal courts.
Baroness Scotland considered whether these terms - the earliest time the offenders can apply to be released - were possibly unduly lenient and should be reviewed.
The Attorney General, describing the case as "truly shocking" and the attack "sadistic", said: "The sentencing judge called it torture and gave them indeterminate detention for public protection with minimum terms of five years.
"He had to take into account their age and that the effect of a long period in custody would be very different from that on an adult, or even an older teenager.
"In this case the judge approached the sentencing exercise with care and, after looking at all the factors involved, I do not consider the terms to be unduly lenient."
Baroness Scotland emphasised that five years is the very least these boys will serve.
"If the offenders are ever released, they will remain on licence. This means that they will be supervised by the Probation Service and will have conditions imposed on them, for example in relation to where they can live and work.
"These facts are often overlooked when indeterminate sentences are passed."
The Attorney also studied the assessment of the offenders made by the judge, who acknowledged that an indeterminate sentence was a 'last resort'.
She said: "The judge stated that the offenders would be sentenced on the basis they had not intended to kill the boys, but this was prolonged sadistic violence, for no reason other than that they got a kick out of hurting and humiliating them.
"The judge noted that although young offenders could change and develop in a much shorter time than adults, it would have to be left to the professionals to determine when it would be safe to release them."
Baroness Scotland added: "The judge was clearly correct to impose indeterminate sentences of detention and I agree with his analysis and with the minimum terms he set."
(PR/BMcC)
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