Attorney General – in the House of Commons at on 24 March 2022.
Selaine Saxby
Conservative, North Devon
What assessment she has made of the effectiveness of the unduly lenient sentence scheme.
Scott Benton
Conservative, Blackpool South
What assessment she has made of the effectiveness of the unduly lenient sentence scheme.
Suella Braverman
The Attorney-General
Since the beginning of 2021, thanks to the referrals made by the Solicitor General and by me, sentences have been increased in more than 100 cases. Recently, I personally argued the case of Stephen Gibbs in the Court of Appeal sitting in Cardiff. I welcomed the decision to increase his sentence for attempted murder from 13 years to 20 years and seven months.
Selaine Saxby
Conservative, North Devon
Under the unduly lenient sentence scheme, it is currently only possible to submit a request to increase a sentence for causing death by dangerous driving, but the Majority of pedestrian and cyclist fatalities are cases of causing death by careless driving. What is my right hon. and learned Friend doing to protect victims of crime who are not covered by the unduly lenient sentence scheme?
Suella Braverman
The Attorney-General
I acknowledge the argument that my hon. Friend makes very energetically. She knows that the unduly lenient sentence scheme is reserved for specific offences in which the offender’s culpability is particularly high. There are no immediate plans to extend the coverage of the scheme, but I am pleased that the Police, Crime, Sentencing and Courts Bill, which is currently going through Parliament, will allow us to take extensive action on road traffic offences, including by increasing the maximum penalty for causing death by careless driving while under the influence of drink or drugs to life imprisonment.
Scott Benton
Conservative, Blackpool South
The Attorney General will be aware of the horrendous case of my constituent Debbie Leitch, who died at the hands of her mother Elaine Clarke, who has since been sentenced to nine years and seven months in prison for her appalling actions. Will my right hon. and learned Friend meet me and my hon. Friend Sally-Ann Hart, following our recent letter, to discuss the case with a view to considering whether the sentence is unduly lenient?
Suella Braverman
The Attorney-General
It is indeed a tragic case and I extend my sympathies to all those who knew and loved Debbie. I thank my hon. Friend and my hon. Friend Sally-Ann Hart for bringing the case to the attention of the Law Officers. My hon. and learned Friend the Solicitor General has reviewed the sentence imposed with the utmost care and decided to refer it to the Court of Appeal. It is now a matter for the Court to decide whether to increase the sentence.
Jim Shannon
Shadow DUP Spokesperson (Human Rights), Shadow DUP Spokesperson (Health)
Does the Attorney General agree that steps need to be taken to give the judiciary the freedom to apply greater sentences without the victim or the family having to present the case again, as is currently required?
Suella Braverman
The Attorney-General
The unduly lenient sentence scheme affords the Law Officers an important power. The judiciary generally gets it right in the vast Majority of sentencing decisions. In the few instances in which Law Officers, after careful consideration, consider a sentence to be unduly lenient—when there has been an error—the case is referred to senior judges in the Court of Appeal to look at the sentencing exercise and reach their own conclusion.
The Attorney General, assisted by the Solicitor General, is the chief legal adviser to the Government. The Attorney General also has certain public interest functions, for example, in taking action to protect charities.
The Attorney General has overall responsibility for The Treasury Solicitor's Department, superintends the Director of Public Prosecutions as head of the Crown Prosecution Service (CPS), the Director of the Serious Fraud Office (SFO) and the Director of Public Prosecutions in Northern Ireland. The Law Officers answer for these Departments in Parliament.
The Attorney General and the Solicitor General also deal with questions of law arising on Government Bills and with issues of legal policy. They are concerned with all major international and domestic litigation involving the Government and questions of European Community and International Law as they may affect Her Majesty's Government.
see also, http://www.lslo.gov.uk/
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