Child protection groups have called for a widening of the rules governing 'unduly lenient sentences' after the Attorney General admitted he cannot challenge the suspended sentence given to a teacher who had a sexual relationship with a 16-year-old pupil.
Stuart Kerner, a 44-year-old married RE teacher, was handed an 18-month suspended jail term at a previous hearing. Judge Joanna Greenberg QC said his victim had 'stalked' and 'groomed' him, remarks widely condemned for shifting blame onto the child.
The Attorney General's Office confirmed that the offence of sexual activity with a child is not among those covered by the unduly lenient sentence scheme, meaning the sentence cannot be referred to the Court of Appeal for review.
Alan Wardle of the NSPCC described the situation as a 'clear gap in the system' that needs to be reviewed. Marilyn Hawes of Enough Abuse UK said the judge's comments were a 'total breach of trust'.
The Judicial Conduct Investigations Office is separately examining the judge's remarks. The Attorney General's Office is considering whether to extend the scheme to include such offences.
