Minister for justice and home affairs says review of latest legislation to take place
The justice and home affairs minister says the new Sexual Offences and Obscene Publications Act 2021 is to be reviewed - as planned - imminently.
The legislation has been in operation for around 18 months, after it was 'switched on' in March last year.
But the conversation around sentences for those convicted of child sexual offences reignited last week, with calls from some for a national inquiry into the topic.
It was after a response sent to Douglas South MHK Sarah Maltby from the chief minister was shared on social media.
She told Manx Radio she contacted Mr Cannan after hearing from 'numerous constituents who are deeply distressed by the recent sentencing outcomes for child sex offences handed down by the Isle of Man Courts.'
She said the consistent message was clear, and that was that 'the current sentencing guidelines are far too lenient.'
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One recent example of a case which many highlighted on social media, as reported by BBC Isle of Man, was that of 80-year-old Douglas man Paul Sidney Whysall.
He was jailed earlier this month for 12 years after admitting sexual offences against four victims spanning almost three decades, between 1995 and 2023.
But during his sentencing, Deemster Cook noted that two of the offences would be classed as rape under new legislation, but as they were committed "some time ago" they were categorised as indecent assault, which holds a much shorter sentence.
The divide between old and new legislation often raises questions when it comes to sentencing.
Manx Radio sat down with the justice and home affairs minister, Jane Poole-Wilson, to try and make sense of it all:
In essence, confusion arises due to a disconnect between when criminals are convicted, versus when they committed the crimes.
Mrs Poole-Wilson told Manx Radio: "For example, in 2024/25 - across that year - we know that around 180 sexual offences began to be investigated by the police. Of those that began to be investigated, 97 were under the old law, and 83 could be brought forward under the new law.
"So, what you will see in practice - and it may not always be clear I guess to members of the public - is you will see some cases still coming forward, being investigated and being prosecuted, but under the previous legal framework."
However, reporting restrictions, which make up part of the Sexual Offences and Obscene Publications Act 2021 - and essentially mean the press cannot name those accused of sexual crimes until they are successfully convicted - automatically apply to anyone whose case is being heard in court.
SENTENCING COUNCIL
In his response to Mrs Maltby, Alfred Cannan said he 'fully supports' tough sentences for any criminals convicted of child sexual offences on the Island, and says the department of home affairs is bringing forward legislation which will include the ability to convene a sentencing council.
This body will be able to conduct reviews into sentencing and make recommendations to the Isle of Man Government where it believes changes may need to be made.
Mrs Poole-Wilson told Manx Radio: "Provision to be able to call on a sentencing council to look into any concerns and then make any recommendations I think would be an important tool for us to be able to address any issues, but also give people confidence as well, I hope":
You can hear more from the justice and home affairs minister in the latest edition of our Newscast - available now wherever you get your podcasts.
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