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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Theresa May’s Brexit speech is Angela Merkel’s victory – here’s why

The Germans coined the word “merkeln to describe their Chancellor’s approach to negotiations. 

It is a measure of Britain’s weak position that Theresa May accepts Angela Merkel’s ultimatum even before the Brexit negotiations have formally started

The British Prime Minister blinked first when she presented her plan for Brexit Tuesday morning. After months of repeating the tautological mantra that “Brexit means Brexit”, she finally specified her position when she essentially proposed that Britain should leave the internal market for goods, services and people, which had been so championed by Margaret Thatcher in the 1980s. 

By accepting that the “UK will be outside” and that there can be “no half-way house”, Theresa May has essentially caved in before the negotiations have begun.

At her meeting with May in July last year, the German Chancellor stated her ultimatum that there could be no “Rosinenpickerei” – the German equivalent of cherry picking. Merkel stated that Britain was not free to choose. That is still her position.

Back then, May was still battling for access to the internal market. It is a measure of how much her position has weakened that the Prime Minister has been forced to accept that Britain will have to leave the single market.

For those who have followed Merkel in her eleven years as German Kanzlerin there is sense of déjà vu about all this.  In negotiations over the Greek debt in 2011 and in 2015, as well as in her negotiations with German banks, in the wake of the global clash in 2008, Merkel played a waiting game; she let others reveal their hands first. The Germans even coined the word "merkeln", to describe the Chancellor’s favoured approach to negotiations.

Unlike other politicians, Frau Merkel is known for her careful analysis, behind-the-scene diplomacy and her determination to pursue German interests. All these are evident in the Brexit negotiations even before they have started.

Much has been made of US President-Elect Donald Trump’s offer to do a trade deal with Britain “very quickly” (as well as bad-mouthing Merkel). In the greater scheme of things, such a deal – should it come – will amount to very little. The UK’s exports to the EU were valued at £223.3bn in 2015 – roughly five times as much as our exports to the United States. 

But more importantly, Britain’s main export is services. It constitutes 79 per cent of the economy, according to the Office of National Statistics. Without access to the single market for services, and without free movement of skilled workers, the financial sector will have a strong incentive to move to the European mainland.

This is Germany’s gain. There is a general consensus that many banks are ready to move if Britain quits the single market, and Frankfurt is an obvious destination.

In an election year, this is welcome news for Merkel. That the British Prime Minister voluntarily gives up the access to the internal market is a boon for the German Chancellor and solves several of her problems. 

May’s acceptance that Britain will not be in the single market shows that no country is able to secure a better deal outside the EU. This will deter other countries from following the UK’s example. 

Moreover, securing a deal that will make Frankfurt the financial centre in Europe will give Merkel a political boost, and will take focus away from other issues such as immigration.

Despite the rise of the far-right Alternative für Deutschland party, the largely proportional electoral system in Germany will all but guarantee that the current coalition government continues after the elections to the Bundestag in September.

Before the referendum in June last year, Brexiteers published a poster with the mildly xenophobic message "Halt ze German advance". By essentially caving in to Merkel’s demands before these have been expressly stated, Mrs May will strengthen Germany at Britain’s expense. 

Perhaps, the German word schadenfreude comes to mind?

Matthew Qvortrup is author of the book Angela Merkel: Europe’s Most Influential Leader published by Duckworth, and professor of applied political science at Coventry University.