Court of Appeal replaces non-custodial sentences with four years’ youth detention after ruling the original punishment was unduly lenient

Two British teenagers convicted of raping two girls have been ordered to serve custodial sentences after the Court of Appeal ruled that the original punishment imposed by a lower court was unduly lenient.

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The ruling on Thursday overturned an earlier decision by Judge Nicholas Rowland, who had sentenced the two 15-year-old boys to three-year youth rehabilitation orders in May, saying he wanted to “avoid criminalising these children unnecessarily.”

The decision sparked widespread public criticism and prompted Richard Hermer, the Attorney General for England and Wales, to refer the case to the Court of Appeal for review.

Delivering the judgment, Lady Chief Justice Sue Carr quashed the original sentences and ordered that both teenagers be detained for four years in youth custody.

“What you did was so bad that we have no other choice,” Carr told the boys, who appeared before the court via video link and cannot be identified because they are minors.

The convictions relate to two separate attacks on girls aged 14 and 15 in Hampshire, southern England, in November 2024 and January 2025. During the trial, the court heard that videos of the assaults were shared online, adding to the seriousness of the offences.

A third teenager, who was convicted of encouraging one of the rapes during the second incident, will not have his sentence changed. His non-custodial sentence remains in place after the Court of Appeal declined to alter it.

The families of the victims welcomed Thursday’s ruling, describing it as an important step towards justice.

“While nothing can undo our family’s anguish, this outcome brings a greater sense of justice and accountability,” one family said in a statement.

The family of the second victim said they were “relieved” that the court had recognised the gravity of the crimes.

“The original sentences were devastating for the family and left us feeling that the harm caused to our daughter had not been fully recognised,” the family said.

“Although the new custodial sentences could not undo the trauma she has endured, today’s decision gives us a greater sense that justice has been served.”

The case also drew international attention after French rape survivor Gisèle Pelicot criticised the initial sentences during a visit to Britain.

Speaking to the BBC, Pelicot said she was “deeply shocked” that the offenders had initially avoided detention while the victims continued to live with the lasting consequences of the attacks.

Pelicot became an internationally recognised campaign figure against sexual violence after waiving her right to anonymity during the high-profile 2024 trial in which her former husband and dozens of other men were convicted of raping her while she was unconscious.

Under the revised ruling, the two convicted teenagers will begin serving their sentences in youth detention facilities. Under the law in England and Wales, offenders under the age of 18 are held in secure youth establishments rather than adult prisons.

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The judgment marks a significant intervention by the Court of Appeal, reinforcing the principle that sentences for serious sexual offences involving children must reflect both the gravity of the crimes and the need to maintain public confidence in the criminal justice system.