'Release defendant's nationalities and immigration status' says Shadow Home Secretary Chris Philp as he brands 7-year sentence for Iranian child rapist a 'disgrace'

DETAILS of all foreign offender's nationalities and immigration statuses should be released during prosecutions to end speculation and misinformation, Shadow Home Secretary Chris Philp has said.

It comes after the Home Office and CPS refused to release details on the immigration status of an Iranian national who raped a 'vulnerable' 13-year-old girl by force in broad daylight in an alleyway, fuelling online speculation that he was an asylum seeker.

Sorosh Amini, 21, (above) from Whyteleafe, Surrey, was jailed for just seven years in June at Croydon Crown Court after he was found guilty of rape and sexual assault of the child on August 4 last year - a sentence branded a 'disgrace' by Mr Philp.

Although Judge Antony Hyams-Parish's sentencing remarks suggested Amini may have entered the country illegally, neither the CPS nor Home Office would release details of his immigration status or whether he would be deported.

In a Met Police press release about the conviction there was no mention of his nationality, although the force later confirmed to media who asked that he was Iranian.

Mr Philp's call also follows a national newspaper investigation, published last month, which revealed that a staggering 312 asylum seekers living at 70 hotels – just a third of those used – had been charged with 708 criminal offences, as serious as rape, over the past three years.

It was only able to collate the data by trawling through magistrate's court records by looking at each defendant's address as no immigration details were included and the nationality was not always recorded.

The Ministry of Justice (MoJ) has now confirmed the potential release of further information about foreign national offenders (FNOs) will be considered as part of a review.

Online misinformation about the Southport triple murderer Axel Rudakubana, 18, being a Muslim asylum seeker was behind the rioting last summer which began in the town and quickly spread across the country.

He knifed to death killed Bebe King, six, Elsie Dot Stancombe, seven, and Alice da Silva Aguiar, nine, and injured ten others at a Taylor Swift dance class on July 29 last year.

It was later revealed that Rudakubana had been born in Cardiff to Christian parents who had migrated to the UK from Rwanda.

In January he was jailed for life with a minimum term of 52 years for the attacks.

Conversely, violent protests broke out by The Bell Hotel in Epping, which houses asylum seekers, after it was released by police that a local man had been charged with sexual assault, harassment and inciting a girl to engage in sexual activity, in the local area.

It later transpired the defendant was Hadush Kebatu, 41, a newly arrived asylum seeker from Ethiopia, who had been placed at the hotel.

He has denied the offences and was remanded in custody ahead of trial.

While the nationality of defendants is sometimes included in information released to the media by the court service about criminal cases, their immigration status is not.

It has led to calls for the court service to now consider adding the nationality and immigration status of all defendants to the released data, to end speculation.

Mr Philp (above) said: 'The Home Office and the CPS should not be refusing to release details on the immigration status of these dangerous perpetrators – the public deserve to know the truth and they need to be protected from foreign criminals.

'I would urge HMCTS to consider routinely releasing the nationality and immigration status of all defendants on case results sent to the media.'

Alp Mehmet, Chairman of Migration Watch UK, added: 'The courts should be required by law to publish, in real time, the nationality and immigration status of those who come before them. Speculation and distortion would stop, preventing sensitive situations from getting out of control.'

Mr Philp also branded Amini's sentence a 'disgrace' after it emerged Judge Hyams-Parish did not consider him to be a 'dangerous' offender and said the psychological harm Amini caused to his victim was 'not severe' enough to impose a more stringent sentence.

Amini will automatically be released in three years and nine months at the most, due to the fact he will not serve the full sentence and time spent on remand.

The judge said he also took account of how Amini had 'entered the country' as mitigation when deciding his punishment.

Had Amini been classes as a 'dangerous offender', he could have been placed under a stricter 'extended sentence', which would have meant he could only be released after a Parole Board review.

More harrowing details of how Amini targeted the teenager have emerged from Judge Hyams-Parish's sentencing remarks, now released.

He made the girl feel uncomfortable by either whistling at her or looking her up and down, but she tried to ignore him.

He later approached her outside a barber's shop, asking her how old she was, before refusing to accept she was only 13.

Amini claimed to be only 17 and asked her if she 'smoked weed' as he held a cannabis joint.

She walked away, but he followed before asking her to go to a park with him, to which she declined, saying she was waiting for a friend.

Amini was then seen on CCTV to put his arm around her and she tried to pull away, before he became angry and told her to end the call she was on.

He then demanded that she go down the alleyway with him, to which she initially said no, before reluctantly agreeing through fear, after he said that one of his friends had stabbed someone in Croydon the previous day.

Once in the alley she tried to get away, but he overpowered her and forced her into a sex act.

Current sentencing guidelines treat children of 13 or over the same as adults who are raped in terms of prison terms.

Despite the attack being what is known as a 'stranger rape', Judge Hyams-Parish placed Amini's culpability for the offence at the lower level B, as opposed to A, saying there was no significant planning, acting with others, filming of the attack or previous violence against her.

He said to Amini: 'The defence do not take issue with (her) being particularly vulnerable... They do dispute whether severe psychological harm was caused.

'Reading the victim impact statement, and recalling (her) giving evidence, and of course without wishing to minimise at all the impact of your actions on (her), I have concluded that whilst there is no doubt that she was caused psychological harm, I have concluded it falls just short of severe psychological harm.'

Reaching that conclusion meant it was also treated as a lower category two, instead of a category one, offence with a maximum sentence of nine years, instead of up to 15.

Judge Hyams-Parish added: 'I have considered whether you are a dangerous person which would allow me to pass an extended sentence. However, I do not think there is sufficient evidence before me to be satisfied that you meet the criteria to be considered a dangerous person.'

Anyone convicted of violent, sexual or terrorism offences can be designated a dangerous offender if the court assesses there is a significant risk to members of the public of serious harm from further offending from the defendant.

If designated as such they can be placed under an extended sentence, which allows for much longer and stricter licensing conditions upon release, only after a Parole Board panel deems this safe.

Judge Hyams-Parish added: 'I have read your pre-sentence report and listened carefully to everything said on your behalf by your counsel.

'I note that prior to this conviction you were a person of good character. In sentencing you today, I make allowance for your age and having not reached full maturity. I do of course also note that you were into adulthood when you committed the offence.

I take into account your background and the circumstances in which you came to this country.'

Mr Philp added: 'Sorosh Amini violently attacked a 13-year old girl in broad daylight in Croydon town centre. For the judge to give a lower sentence because the victim “allegedly did not suffer severe trauma as a result” is a disgrace.

'He should be immediately deported after he has served his prison sentence, along with every other foreign national offender in our prisons.'

Amini was sentenced to seven years and told he will serve no more than two thirds (four years and eight months) in prison before he is released on licence.

As he has been on remand for 11 months, he has, at most, three years and nine months left to serve.

Amini was also placed under a Sexual Harm Prevention Order, which means he could be monitored by police for ten years after his release and placed under further restrictions.

The CPS said Amini's immigration status was a matter for the Home Office.

A Home Office spokesperson said: 'It is our longstanding policy not to comment on individual cases.

'Foreign national offenders who abuse our hospitality by committing crimes will face the full force of the law, including deportation at the earliest opportunity for those eligible.

'Under the UK Borders Act 2007, a Deportation Order must be made where a foreign national has been convicted of an offence and has received a custodial sentence of at least twelve months in the UK, unless an exception applies.'

A Sentencing Council spokesperson said: 'We do not comment on individual cases.'In legislation rape of a child under 13 years is a separate and specific offence. There is a guideline which covers this. The general offence of rape covers all other ages of victim and the guideline for this offence includes a harm factor ‘Victim is particularly vulnerable due to personal circumstances’ this includes vulnerability due to young age. Both offences carry a maximum penalty of life imprisonment.'

Under Section 86A of the Courts Act 2003, defendants must provide their nationality to the court, which is shared with the Home Office, but it is not always included in court records in the way names, dates of births, addresses and genders are.

A Ministry of Justice spokesperson said: 'The Lord Chancellor, Shabana Mahmood, has asked civil servants to review what more data can be published on FNOs to increase transparency on this important issue.'