The Court of Appeal has been told that detention was the "only appropriate sentence" for three teenage boys who were spared custody after being convicted of multiple rapes and indecent image offences against two girls.
Background of the Case
Two 15-year-old boys, referred to as X and Y, and a 14-year-old boy, known as Z, received non-custodial sentences in May 2025 at Southampton Crown Court. They were convicted of a combined 10 counts of rape and seven indecent image offences involving two victims who were separately attacked in Fordingbridge, Hampshire, in November 2024 and January 2025. X and Y were involved in both attacks, while Z encouraged the rape of the second victim.
Sentencing Controversy
Sentencing Judge Nicholas Rowland acknowledged that the offences of the two 15-year-olds "crossed the custody threshold" but said he should "avoid criminalising these children unnecessarily" and considered detention a "last resort." The sentences were referred to the Court of Appeal as "unduly lenient" by Attorney General Lord Hermer following public outcry. Barristers at Wednesday's hearing argued that parts of Judge Rowland's approach were "fundamentally flawed."
Prosecution Arguments
Tom Little KC, representing the Attorney General, stated: "We accept… that the judge did try to apply the relevant principles, but our submission is he misapplied them along the way, the cumulative effect of which was to lead to unduly lenient sentences." He added: "It is difficult to understand how the judge could properly have come to the conclusion that he did, given the sheer number of rape offences, which the judge does not properly address in any way in… his sentencing remarks, the underlying seriousness of the offending and the harm sustained."
Details of Sentences
X received a three-year youth rehabilitation order (YRO) with 180 days of intensive supervision and surveillance for raping and taking indecent images of both victims. Y received the same sentence for three charges of rape against each victim and four counts of taking indecent images by filming the incidents. Z was given an 18-month YRO for two charges of rape related to the second victim and for an indecent image offence.
Judge's Considerations
Judge Rowland noted that X and Y were assessed by Youth Justice Services as "medium risk" of reoffending but "high risk of serious harm" to young females. He considered their backgrounds: X had been diagnosed with ADHD and "long-standing anxiety," while Y had an IQ in the bottom 1%, ADHD with "extreme neurodevelopmental impairment," and presented "more like an eight-year-old."
Appeal Hearing
In written submissions, Mr Little argued: "In summary it is submitted that the extent and nature of the offending was so serious such that the only appropriate sentence for X, Y and Z was detention. Had the judge properly assessed the seriousness of the offences, he could only reasonably have concluded that lengthy sentences of detention were required for both X and Y and that a sentence of detention was required for Z." The boys, who are not attending the hearing, oppose the bid to increase their sentences. The hearing before Lady Chief Justice Baroness Carr, Lord Justice Edis, and Ms Justice Norton is set to conclude on Thursday.
