Unduly Lenient Sentencing Scheme

Attorney General – in the House of Commons at on 7 December 2022.

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Photo of Kevin Foster Kevin Foster Conservative, Torbay

What assessment she has made of the effectiveness of the unduly lenient sentencing scheme.

Photo of Michael Tomlinson Michael Tomlinson The Solicitor-General

In the vast majority of cases, judges get sentencing right. The Court of Appeal grants permission to refer a sentence only in exceptional circumstances, and over the last five years the Court of Appeal has increased the sentence in around 70% of cases.

Photo of Kevin Foster Kevin Foster Conservative, Torbay

My hon. Friend will be aware that the recent publication of statistics regarding the operation of the unduly lenient sentencing scheme during 2021 indicated 151 referrals to the Court of Appeal. How many of those referrals under the scheme followed representations from the victim of a crime to the Attorney General’s Office about the sentence given, and what is being done to ensure that victims are aware of their ability to do that?

Photo of Michael Tomlinson Michael Tomlinson The Solicitor-General

My hon. Friend knows a lot about the scheme and has long-term interest in it. Of those 151 cases, only eight were referred by victims and a further nine by a member of a victim’s family, and that is not just an aberration for that year; it is a consistent trend. We regularly publish updates on the outcome of these sentences, and the revised victims code includes details of the ULS scheme.[This section has been corrected on 17 May 2023, column 2MC — read correction]

Photo of Gavin Robinson Gavin Robinson Shadow DUP Spokesperson (Home Affairs), Shadow DUP Spokesperson (Defence)

Would the Solicitor General recognise that whenever people in this country try to have a debate around mandatory minimum sentences there is an automatic superficial reaction that talks about the need for judicial discretion, yet there are crimes for which we as a Parliament should be clear as to the appropriate sentence that people ought to expect? [Interruption.]

Photo of Michael Tomlinson Michael Tomlinson The Solicitor-General

Gavin Robinson always raises a serious point in relation to these issues. It is right to acknowledge that in the vast majority of cases the sentencing judges get it right, but when Parliament sets down the guidelines and the ambits, they should be followed closely.