The convicted teenager, 15, forced his victim to perform a sex act on him just months after arriving in Britain from Europe.The youth, who cannot be named due to legal reasons, admitted the attack in a Derbyshire Youth Court and received a three year youth rehabilitation order for the attack, which took place on October 30, 2015.
However, the decision to hand the teenager a three year sentence was appealed.
But the Solicitor General, Tory MP Robert Buckland, will not send the case to the Court of Appeal because the “court would not increase the sentence”, meaning the teenager will avoid a prison sentence.A spokesperson for the Attorney General Office said: “Having carefully reviewed the papers, the Solicitor General has concluded that if the sentence imposed on the offender was referred to the Court of Appeal, the Court would not increase the sentence.
“He has therefore decided not to refer the case to the Court of Appeal.”
Solicitor General Robert Buckland MP has declined to send the case to the Court of Appeal
At the time of sentencing, the migrant was told he would have received “a very substantial period in prison” if he was tried as an adult.Judge Jonathan Bennett, sentencing, said at the time: “This was a very unpleasant offence against a young boy and experts will want to work with you to ensure this will never be repeated again.
“There are a number of troubling issues I have read about you in your background and if I was sentencing an adult for an offence as serious as this they would receive a very substantial period in prison.
“However, this does not apply to you as a youth and there are different guidelines for someone your age.“You came to the UK not long before this offence took place.
“It is clear that one of the reasons you came to this country was because your mother was struggling to bring you up and you were reunited with your father who you have not had much contact with in the past.”
Defence lawyer Alwyn Jones said: “I hope this will address the underlying issues this young man has.”
Police in Derby
As well as the rehabilitation order, the youth was handed a six-month curfew confining him to his home address in Normanton between 7pm and 6am each day for the first two months.He was also handed a five-year sexual harm prevention order forbidding him to have unsupervised contact with anyone aged under 13 without their parent or guardian’s consent.
The rapist was also handed a restraining order forbidding him from contacting his victim for five years.
Judge Bennett also handed his father a 12-month parenting order to assist him as he brings the boy up.
The case caused outrage in the area at the time with one online commentator telling the local paper: “Another joke. Needs locking up”.