Is the outrage over Stuart Hall’s 15-month sentence justified?

There has been anger expressed at Hall receiving “only” 15 months for a series of sex offences, but it must be remembered that the judge was working within the law as it stood when the offences were committed, not as it is now.

Today Stuart Hall was sentenced for a series of sex offences against girls aged between 9 and 17. The sentence imposed at the Crown Court at Preston was one of 15 months. The response on Twitter was predictable; there was palpable anger at the “disgustingly low” sentences.

Hall pleaded guilty to 14 counts of indecent assault. The offences included at the lower end, kissing with an open mouth and touching over clothing. At the higher end, the activity involved placing a hand on a 10 year-old’s leg whilst she lay in bed and moving it towards her crotch and the digital penetration of a 13 year-old girl. The first offence was committed in 1967 and the last in 1985 or 1986.  

When assessing the sentences, there are several important points to note. First is that Hall falls to be sentenced on the law as it was when he committed the offences, not on the basis of the law now. Sentencing of sexual offences has changed dramatically; attitudes are wildly different and this can be seen, for example, in the way in which rape complainants are protected from cross-examination on the sexual history. Previously, it was deemed “fair game”, but now, society understands that, for example, wearing a short skirt doesn’t mean that a woman was “up for it”. Further, the European Convention on Human Rights Art 7(1) prohibits the imposition of a heavier penalty than one “applicable” at the time of the offence. Fairness dictates that one should know, at the time of the offence, what the maximum sentence is.  That is unarguable.

In that regard, the Judge was significantly restricted in the sentences that he could impose. The maximum sentence for many of Hall’s offences was two years at the time he committed them; for the remainder, the maximum was five years. Since then, the maximum sentences have been raised to 10 years and had these offences been committed today, the sentences would undoubtedly be higher.

The effect of this is that Hall’s offences need to be viewed within the context of those maximum sentences. On a very basic level, if the maximum sentence is two years’ imprisonment, a sentence of two years can be said to roughly represent the worst case of such an offence. In the context of the offence, Hall’s offences are not towards that upper limit and some of them, as the Judge noted, did not pass the custody threshold (requiring a term of imprisonment). In that light, 15 months begins to look more reasonable.

Secondly, many offences are subject to guidelines, issued by the non-governmental quango the Sentencing Council. Many are critical of them (myself included) for the way in which their guidelines arrive at unjust and illogical results. Unfortunately, on this occasion, they are not to blame. The sexual offences guideline only applies to offences charged under the Sexual Offences Act 2003. Hall’s offences were under the Sexual Offences Act 1956. The guideline is therefore only “useful” in terms of the principles it espouses, including the way in which breach of trust (pertinent to Hall) should be viewed in the context of such offences.

Turning to the offences, this type of sentencing exercise presents a difficult mental exercise. The third point to note is the way in which the court assesses such offences. It is necessary, amongst other things, to consider a) the nature of the activity (e.g. the touching, kissing, penetration etc.) b) the age of the victim (here, from 9 to 17) and c) the surrounding facts (for example the position of responsibility or breach of the parent’s trust, who trusted Hall to, in one case, read their child a bedtime story).

The Judge must impose a sentence, within the parameters set by Parliament, that reflects the totality of the offending behaviour. Looking at the features of the offences, it is relevant that Hall is 83 years of age; a sentence of imprisonment will be harder for a man of 83 than 23. It is relevant that the offences were committed a long time ago, and since 1986, there have been no other offences. Of course, it is relevant that Hall pleaded guilty. For that, he received a 25 per cent discount on his sentence (the rationale being that a discount in pleading guilty saves time and money and prevents witnesses having to give evidence, which can be traumatic. Without such a discount, there would be no incentive to plead guilty).

Further points to note are that Hall will be subject to “notification requirements” – colloquially known as the sex offenders register – for a period of 10 years. He will be placed on the list of persons barred from working with children.

Shortly after Mr Hall was sentenced, the Attorney-General confirmed that he would be reviewing the sentences. This involves an assessment of whether he believes they are 'unduly lenient'. If so, he can refer the case to the Court of Appeal and ask them to impose higher sentences. 

One may wish to consider whether it is necessary to lock Mr Hall up for a prolonged period of time. Punishment is of course an aim of sentencing, but so is public protection and rehabilitation. Mr Hall’s reputation is in tatters; he has been humiliated. I question whether a longer sentence would serve any purpose.

Irrespective of whether one agrees with the length of the sentences, in my opinion on the law as it is, the Judge imposed sentences which are neither to short, nor too long.

Lyndon Harris is the Editor of Banks on Sentence

Stuart Hall arriving at Preston Magistrates Court earlier this year. Photograph: Getty Images
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Debunking Boris Johnson's claim that energy bills will be lower if we leave the EU

Why the Brexiteers' energy policy is less power to the people and more electric shock.

Boris Johnson and Michael Gove have promised that they will end VAT on domestic energy bills if the country votes to leave in the EU referendum. This would save Britain £2bn, or "over £60" per household, they claimed in The Sun this morning.

They are right that this is not something that could be done without leaving the Union. But is such a promise responsible? Might Brexit in fact cost us much more in increased energy bills than an end to VAT could ever hope to save? Quite probably.

Let’s do the maths...

In 2014, the latest year for which figures are available, the UK imported 46 per cent of our total energy supply. Over 20 other countries helped us keep our lights on, from Russian coal to Norwegian gas. And according to Energy Secretary Amber Rudd, this trend is only set to continue (regardless of the potential for domestic fracking), thanks to our declining reserves of North Sea gas and oil.


Click to enlarge.

The reliance on imports makes the UK highly vulnerable to fluctuations in the value of the pound: the lower its value, the more we have to pay for anything we import. This is a situation that could spell disaster in the case of a Brexit, with the Treasury estimating that a vote to leave could cause the pound to fall by 12 per cent.

So what does this mean for our energy bills? According to December’s figures from the Office of National Statistics, the average UK household spends £25.80 a week on gas, electricity and other fuels, which adds up to £35.7bn a year across the UK. And if roughly 45 per cent (£16.4bn) of that amount is based on imports, then a devaluation of the pound could cause their cost to rise 12 per cent – to £18.4bn.

This would represent a 5.6 per cent increase in our total spending on domestic energy, bringing the annual cost up to £37.7bn, and resulting in a £75 a year rise per average household. That’s £11 more than the Brexiteers have promised removing VAT would reduce bills by. 

This is a rough estimate – and adjustments would have to be made to account for the varying exchange rates of the countries we trade with, as well as the proportion of the energy imports that are allocated to domestic use – but it makes a start at holding Johnson and Gove’s latest figures to account.

Here are five other ways in which leaving the EU could risk soaring energy prices:

We would have less control over EU energy policy

A new report from Chatham House argues that the deeply integrated nature of the UK’s energy system means that we couldn’t simply switch-off the  relationship with the EU. “It would be neither possible nor desirable to ‘unplug’ the UK from Europe’s energy networks,” they argue. “A degree of continued adherence to EU market, environmental and governance rules would be inevitable.”

Exclusion from Europe’s Internal Energy Market could have a long-term negative impact

Secretary of State for Energy and Climate Change Amber Rudd said that a Brexit was likely to produce an “electric shock” for UK energy customers – with costs spiralling upwards “by at least half a billion pounds a year”. This claim was based on Vivid Economic’s report for the National Grid, which warned that if Britain was excluded from the IEM, the potential impact “could be up to £500m per year by the early 2020s”.

Brexit could make our energy supply less secure

Rudd has also stressed  the risks to energy security that a vote to Leave could entail. In a speech made last Thursday, she pointed her finger particularly in the direction of Vladamir Putin and his ability to bloc gas supplies to the UK: “As a bloc of 500 million people we have the power to force Putin’s hand. We can coordinate our response to a crisis.”

It could also choke investment into British energy infrastructure

£45bn was invested in Britain’s energy system from elsewhere in the EU in 2014. But the German industrial conglomerate Siemens, who makes hundreds of the turbines used the UK’s offshore windfarms, has warned that Brexit “could make the UK a less attractive place to do business”.

Petrol costs would also rise

The AA has warned that leaving the EU could cause petrol prices to rise by as much 19p a litre. That’s an extra £10 every time you fill up the family car. More cautious estimates, such as that from the RAC, still see pump prices rising by £2 per tank.

The EU is an invaluable ally in the fight against Climate Change

At a speech at a solar farm in Lincolnshire last Friday, Jeremy Corbyn argued that the need for co-orinated energy policy is now greater than ever “Climate change is one of the greatest fights of our generation and, at a time when the Government has scrapped funding for green projects, it is vital that we remain in the EU so we can keep accessing valuable funding streams to protect our environment.”

Corbyn’s statement builds upon those made by Green Party MEP, Keith Taylor, whose consultations with research groups have stressed the importance of maintaining the EU’s energy efficiency directive: “Outside the EU, the government’s zeal for deregulation will put a kibosh on the progress made on energy efficiency in Britain.”

India Bourke is the New Statesman's editorial assistant.