When sentencing for historical sexual offences where the statutory offence and maximum penalty have changed since the date of offending, the court must have regard to the maximum penalty at the time of offending and must consider where the conduct falls within the range of conduct covered by the offence as it then stood. An offender sentenced after the commencement of the Sentencing Act 1989 for offences committed before its commencement is not entitled to have the former remissions system taken into account merely because the offences occurred many years ago. Where there has been lengthy delay and the offender is rehabilitated, the fact of imprisonment rather than its length may be of greatest significance.
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