New Clause 2 - Court of Appeal: Attorney General's power to refer unduly lenient sentences

Part of Courts Bill [Lords] – in a Public Bill Committee at 10:45 am on 10 July 2003.

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Photo of Chris Leslie Chris Leslie Parliamentary Under-Secretary (Department for Constitutional Affairs) 10:45, 10 July 2003

Without wanting to reopen discussions on the pros and cons of a justice department, I believe that the situation, as set out, is clear. New clause 2 gives us an opportunity to consider the matter in more detail. We all recognise the concerns that the hon. Member for Surrey Heath has raised in tabling the new clause. They relate to the potentially devastating long-term effects on the victims of burglary. Burglary is a very serious offence that can have a traumatic effect on victims. As a result, section 111 of the Powers of Criminal Courts (Sentencing) Act 2000 provided for the imposition of a minimum three-year sentence of imprisonment for third-time domestic burglary. That was a welcome step. Sentencing guidelines make it clear that, as a norm, burglary is the sort of offence that would attract a custodial sentence. Burglary continues to be regarded as a very serious offence, and sentencing policy reflects that.

The new clause, however, is neither necessary nor desirable. Should the Secretary of State feel that the ability of the Attorney-General to appeal against unduly lenient sentences in burglary cases needed to be extended in relation to those grave sentences already encompassed, the power to do that, by order, already exists under section 35(4) of the Criminal Justice Act 1988. The power relates to the range of triable either way offences in relation to which unduly lenient sentences can be referred by the Attorney-General to the Court of Appeal. It would not be appropriate to make that change in primary legislation at this stage.

Moreover, appeals against sentences are more likely to take place in relation to burglaries that involve violence or other serious offences. Those burglaries are likely to be triable only on indictment and therefore can already be referred to the Court of Appeal by the Attorney-General if he considers that the sentence

is unduly lenient—for example in the case of aggravated burglary.

I can assure the Committee that, although there has already been much discussion and we have no reason to believe that the courts are imposing unduly lenient sentences for the offence as a norm, we will consider the matter further. I think that that was what the hon. Member for Surrey Heath was trying to find out. The Home Office is exploring the matter with the Attorney-General's office and the Department for Constitutional Affairs.

Wider considerations need to be taken into account. The Committee must recognise that if we want burglars to be sentenced appropriately in the first place, we must ensure that the courts are clear about what the Government and the country expect to see. Sentencing guidelines will assist with that. We must place our faith in those who issue sentences and the idea that they will get sentences right the first time. After all, they are the people who hear the full facts of a case and are best placed to make a judgment.

I invite the hon. Member for Surrey Heath to withdraw his new clause.