New Clause 2 - Court of Appeal: Attorney General's power to refer unduly lenient sentences
Courts Bill [Lords]
10:45 am
Mr Nick Hawkins (Surrey Heath, Conservative)
I beg to move, That the clause be read a Second time.
When I tabled new clause 2, which stands in my name and those of my hon. Friends, and which I was pleased to find came within the scope of the Bill and was therefore selectable and selected, it struck me that the Bill provided an opportunity to put on the record an issue about which the Opposition feel strongly. As the Committee will know, the power for the courts to consider unduly lenient sentences on the Attorney-General's reference was introduced by the previous Conservative Government. The power has proved popular. Members of the public are always concerned if there is publicity about a court passing a sentence that seems very lenient. The power is not used often, but Ministers will probably confirm that it has been used appropriately, and the Government have confirmed on many occasions over the past six years that they regard it as useful. It is not one of the things for which the current Government criticise the previous Government. The Government have said on several occasions that they have found it useful, and will consider extending it.
I believe that I am right in saying that I have had responses from Ministers of other Departments at the Dispatch Box in the Chamber, to the effect that they were prepared to consider the extension of the power to the offence of burglary. They did not make a commitment to extend it, but to consider doing so. I do not expect the Minister to agree to the new clause, but I ask him to state that, as a new Minister, he will also consider the extension of that power in discussion with the new Lord Chancellor and with Ministers in the Home Office and other appropriate Departments.
It seems to me that the offence of burglary is one that is entirely appropriate for Attorney-General's references for unduly lenient sentences. We know that burglary is one of the most prevalent crimes, and if people who have committed burglaries are given lenient sentences, the public will quite rightly be concerned. I was disappointed that burglary was not included when the original power was created. My party was in Government at the time, but felt that we needed to restrict the power to see how it would work. I am therefore not asking for a massive change in Government policy, but am glad that I have had the opportunity to put the strong views of the Opposition on the matter. I will listen with interest to what the Minister has to say. I hope that he will accept that the Government should consider the matter.