Two 15-year-old boys who were originally spared custody for the rape of two girls in Fordingbridge, Hampshire, have been sentenced to four years' detention after the Court of Appeal ruled their sentences were “unduly lenient”. The boys, referred to as X and Y, along with a 14-year-old known as Z, received non-custodial sentences in May for a combined 10 counts of rape and seven indecent image offences. The attacks occurred separately in November 2024 and January 2025. X and Y were involved in both attacks, while Z encouraged the rape of the second victim.
Original Sentence and Appeal
At Southampton Crown Court in May, Judge Nicholas Rowland imposed non-custodial sentences, stating he should “avoid criminalising these children unnecessarily” and that detention was a “last resort”. However, the Attorney General referred the sentences to the Court of Appeal as “unduly lenient”. At a hearing on Wednesday, lawyers for the Attorney General argued that detention was the “only appropriate sentence”, while defence barristers maintained the sentences were correct and focused on rehabilitation.
Court of Appeal Judgment
On Thursday, Lady Chief Justice Baroness Carr, Lord Justice Edis and Ms Justice Norton sentenced X and Y to four years' detention, while leaving Z's sentence unchanged. Reading the judgment, Baroness Carr said: “We have decided that we do need to change your sentences and both of you do need to go into detention.” She added: “We have made this decision because we think that what you both did was so bad that we have no other choice.” Addressing Z, she noted: “We have decided that because you were very young and find some things really very difficult to understand, and because you were only involved on one occasion, we do not need to change your sentence.”
Victim and Family Reactions
The families of the girls expressed relief, stating: “We believe this was the correct decision, and we are thankful that our voices were heard throughout this process. While nothing can undo our family’s anguish, this outcome brings a greater sense of justice and accountability.” One family added they were “deeply grateful” for the increased sentences.
Details of Original Sentencing
At the initial sentencing, Judge Rowland acknowledged that the offences “crossed the custody threshold” and posed a “high risk of serious harm” to young females, but cited the boys' 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”. X received a three-year youth rehabilitation order (YRO) with 180 days of intensive supervision and surveillance. Y received the same sentence for three charges of rape against each victim and four counts of taking indecent images. Z was given an 18-month YRO for two charges of rape and an indecent image offence.
Court's Critique of Original Judge
Baroness Carr stated that Judge Rowland “undervalued the seriousness of their offending and the serious harm caused by it to the complainants”. She noted that the involvement in two incidents “taken together was such that an immediate and substantial period of detention was required”. In the 52-page judgment, she criticised the original judge for not explaining why victim statements of “enduring distress and despair” did not prove severe psychological harm, suggesting he may have placed “substantial weight on his own impressions formed during the trial”. She added that the rapes are “very likely to have long-term and profound consequences, not all of which are immediately apparent”.
Additional Findings
The court also found that Judge Rowland failed to explain how he considered the involvement of X and Y in two separate incidents with different victims, each raped multiple times. Baroness Carr noted that the judge found peer pressure was involved, “although he did not identify any substantial evidence to support that view”. She added: “The principal offenders, X and Y, do not appear to have required much encouragement and, anyway, simply repeated their behaviour after the first incident rather than learning from it or gaining any insight.” The judges concluded that if X and Y were adults, they would have received sentences “substantially in excess of 10 years”. The court also extended restraining orders for X and Y from 10 years to indefinite.
Official Reactions
Attorney General Lord Hermer said: “Rape is a horrifying crime, and one that our justice system should and will punish severely. I welcome the Court of Appeal’s decision to increase the sentences of the two boys, resulting in their detention.” Justice Minister Jake Richards added: “I welcome today’s judgment from the Court of Appeal. These were appalling crimes, and I pay credit to the victims for their courage in coming forward. This demonstrates that the Unduly Lenient Sentence Scheme can work.”
