Sentencing: Appeals

Attorney General written question – answered on 30th June 2015.

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Photo of Philip Davies Philip Davies Conservative, Shipley

To ask the Attorney General, how many appeals for each category of offence were referred to him by (a) victims or the families of victims, (b) the police, (c) the Crown Prosecution Service, (d) other members of the public and (e) a combination of those people in each of the last three years; and what proportion of each type of referral resulted in a successful appeal.

Photo of Philip Davies Philip Davies Conservative, Shipley

To ask the Attorney General, how many and what proportion of appeals against unduly lenient sentences were rejected for being out of time in respect of each category of offence in each of the last three years.

Photo of Robert Buckland Robert Buckland The Solicitor-General

The information requested is contained in the following tables.

2012-2013

Offence category

Number of sentences referred to AG

Successful referral (%)

Out of time (%)

Victim

Prosecutor

Public

Arson

-

1

2

0

0

Burglary

12

20

4

17

0

Driving deaths

3

4

10

14

0

Drugs

-

37

1

14

0

Firearms

2

3

-

40

20

Homicide

17

13

20

11

13

Fraud

2

4

7

8

0

Violence

4

20

46

16

2

Robbery

3

46

4

37

0

Sex

14

46

61

18

1

Theft

1

-

2

0

0

Other

2

4

25

8

3

Total

59

198

180

2013-2014

Offence category

Number of sentences referred to AG

Successful referral (%)

Out of time (%)

Victim

Prosecutor

Public

Arson

1

1

3

0

0

Burglary

1

12

9

14

5

Driving deaths

2

2

16

10

0

Drugs

2

29

1

3

0

Firearms

-

3

2

50

0

Homicide

9

11

48

9

2

Fraud

1

9

26

11

8

Violence

12

21

45

17

0

Robbery

4

26

10

13

3

Sex

15

31

76

23

0

Theft

1

-

3

0

0

Other

1

14

47

5

4

Total

49

159

286

2014-2015

Offence category

Number of sentences referred to AG

Successful referral (%)

Out of time (%)

Victim

Prosecutor

Public

Arson

1

2

4

14

0

Burglary

1

15

12

43

0

Driving deaths

4

2

13

0

0

Drugs

-

20

6

15

0

Firearms

-

11

3

50

0

Homicide

6

16

47

14

4

Fraud

3

6

17

10

4

Violence

10

17

51

15

3

Robbery

-

29

16

28

0

Sex

17

51

95

22

1

Theft

1

-

1

0

0

Other

17

11

113

6

1

Total

60

180

378

Explanatory notes:

It only requires a single complaint against a sentence to trigger the unduly lenient sentence referral process. Whilst the Attorney General’s Office may receive multiple complaints against a particular sentence, only the source of the first complaint received is recorded.

The police direct their complaints about sentence through the CPS.

A “successful referral” is defined as a referral where the Court of Appeal grants leave to appeal.

“Prosecutor” includes complaints originating from the CPS, SFO, SPA and Local Authorities.

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