Attorney General – in the House of Commons at on 7 December 2022.
Kevin Foster
Conservative, Torbay
What assessment she has made of the effectiveness of the unduly lenient sentencing scheme.
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.
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?
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
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.]
Lindsay Hoyle
Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, House of Commons Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Speaker's Conference (2022) Committee, Chair, Speaker's Conference (2022) Committee, Chair, Restoration and Renewal Client Board Committee, Chair, Restoration and Renewal Client Board Committee
Order. I just want to remind Members not to walk in front of other Members—[Interruption.] Mary Kelly Foy, you walked right in front of the Member who was asking the Minister a question. Please can we all wait, to help each other?
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.
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/
The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.
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