Part 5: Virginity Testing and Hymenoplasty Offences Hymenoplasty Offences: England and Wales Section 151: Hymenoplasty offences in England and Wales: Penalties
Section 151(1) deals with the mode of trial and maximum penalties for the new offences in England and Wales. They are triable either way and carry a maximum 5 year custodial sentence on indictment or an unlimited fine, or both.
	The maximum sentence reflects the long-term physical and psychological detrimental effects hymenoplasty can have on the victim.
	Subsection (2) refers to the length of imprisonment for a summary only conviction, which is currently 6 months in England and Wales. Paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 2 increases the magistrate courts’ powers to impose imprisonment from 6 months to 12 months. This has yet to be commenced. Once it is commenced, a summary only conviction of hymenoplasty tried in a magistrate’s court will be able to carry the maximum prison sentence of 12 months.