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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Want to send a positive Brexit message to Europe? Back Arsene Wenger for England manager

Boris Johnson could make a gesture of goodwill. 

It is hard not to feel some sympathy for Sam Allardyce, who coveted the England job for so many years, before losing it after playing just a single match. Yet Allardyce has only himself to blame and the Football Association were right to move quickly to end his tenure.

There are many candidates for the job. The experience of Alan Pardew and the potential of Eddie Howe make them strong contenders. The FA's reported interest in Ralf Rangner sent most of us scurrying to Google to find out who the little known Leipzig manager is. But the standout contender is Arsenal's French boss Arsene Wenger, 

Would England fans accept a foreign manager? The experience of Sven Goran-Eriksson suggests so, especially when the results are good. Nobody complained about having a Swede in charge the night that England won 5-1 in Munich, though Sven's sides never won the glittering prizes, the Swede proving perhaps too rigidly English in his commitment to the 4-4-2 formation.

Fabio Capello's brief stint was less successful. He never seemed happy in the English game, preferring to give interviews in Italian. That perhaps contributed to his abrupt departure, falling out with his FA bosses after he seemed unable to understand why allegations of racial abuse by the England captain had to be taken seriously by the governing body.

Arsene Wenger could not be more different. Almost unknown when he arrived to "Arsene Who?" headlines two decades ago, he became as much part of North London folklore as all-time great Arsenal and Spurs bosses, Herbert Chapman or Bill Nicholson, his own Invicibles once dominating the premier league without losing a game all season. There has been more frustration since the move from Highbury to the Emirates, but Wenger's track record means he ranks among the greatest managers of the last hundred years - and he could surely do a job for England.

Arsene is a European Anglophile. While the media debate whether or not the FA Cup has lost its place in our hearts, Wenger has no doubt that its magic still matters, which may be why his Arsenal sides have kept on winning it so often. Wenger manages a multinational team but England's football traditions have certainly got under his skin. The Arsenal boss has changed his mind about emulating the continental innovation of a winter break. "I would cry if you changed that", he has said, citing his love of Boxing Day football as part of the popular tradition of English football.

Obviously, the FA must make this decision on football grounds. It is an important one to get right. Fifty years of hurt still haven't stopped us dreaming, but losing to Iceland this summer while watching Wales march to the semi-finals certainly tested any lingering optimism. Wenger was as gutted as anybody. "This is my second country. I was absolutely on my knees when we lost to Iceland. I couldn't believe it" he said.

The man to turn things around must clearly be chosen on merit. But I wonder if our new Foreign Secretary Boris Johnson - albeit more of a rugger man himself - might be tempted to quietly  suggest in the corridors of footballing power that the appointment could play an unlikely role in helping to get the mood music in place which would help to secure the best Brexit deal for Britain, and for Europe too.

Johnson does have one serious bit of unfinished business from the referendum campaign: to persuade his new boss Theresa May that the commitments made to European nationals in Britain must be honoured in full.  The government should speed up its response and put that guarantee in place. 

Nor should that commitment to 3m of our neighbours and friends be made grudgingly.

So Boris should also come out and back Arsene for the England job, as a very good symbolic way to show that we will continue to celebrate the Europeans here who contribute so much to our society.

British negotiators will be watching the twists and turns of the battle for the Elysee Palace, to see whether Alain Juppe, Nicolas Sarkozy end up as President. It is a reminder that other countries face domestic pressures over the negotiations to come too. So the political negotiations will be tough - but we should make sure our social and cultural relations with Europe remain warm.

More than half of Britons voted to leave the political structures of the European Union in June. Most voters on both sides of the referendum had little love of the Brussels institutions, or indeed any understanding of what they do.

But how can we ensure that our European neighbours and friends understand and hear that this was no rejection of them - and that so many of the ways that we engage with our fellow Europeans rom family ties to foreign holidays, the European contributions to making our society that bit better - the baguettes and cappuccinos, cultural links and sporting heroes remain as much loved as ever.

We will see that this weekend when nobody in the golf clubs will be asking who voted Remain and who voted Leave as we cheer on our European team - seven Brits playing in the twelve-strong side, alongside their Spanish, Belgian, German, Irish and Swedish team-mates.

And now another important opportunity to get that message across suddenly presents itself.

Wenger for England. What better post-Brexit commitment to a new Entente Cordiale could we possibly make?

Sunder Katwala is director of British Future and former general secretary of the Fabian Society.