HC Deb 18 October 1993 vol 230 c13
31. Mr. David Evans

To ask the Attorney-General how many cases he has referred to the Court of Appeal in the last three months on the ground of unduly lenient sentence.

The Attorney-General (Sir Nicholas Lyell)

In the three months to 30 September 1993, leave was sought to refer eight cases to the Court of Appeal. One of those eight has so far been determined by the Court of Appeal and has resulted in an increase in sentence.

Mr. Evans

I thank my right hon. and learned Friend for that reply, disappointing though it was. Does he agree that, as the result is so low, to concentrate his mind it might be a good idea if his pay were linked to referrals? Is he also aware that, with judges talking about prosecuting people who have been burgled, we now have mad judge disease? How will he control it, because we know that the lot opposite are crackers and any minute they will catch it?

The Attorney-General

My hon. Friend will remember that the judiciary is independent. I do not think that my hon Friend completely understood my answer to his question. Of the eight cases that have been referred in the past three months, one has been decided by the court and that resulted in an increase in sentence. In my hon. Friend's terms, that is 100 per cent. and I doubt whether I could do any better.

Mr. Fraser

Could the Attorney-General tell us, from his unique position, whether the Home Secretary or the judges are correct about the use of prison as a deterrent to crime?

The Attorney-General

I have taken the trouble, which not many people outside the debate have, to react quite carefully what most of the proponents have said. What is striking, when one reads carefully what has been said by both my right hon. and learned Friend the Home Secretary and those who have entered the debate, is that the amount of agreement overwhelmingly outweighs any disagree-ment.

Mr. Shersby

Is not the most effective deterrent and punishment of offenders arrest, conviction and, in many cases, custody? Will my right hon. and learned Friend take note of the views of the mass of the British public who believe in that and draw it to the attention of Her Majesty's judges?

The Attorney-General

My hon. Friend is right: by far the most effective deterrent is the likelihood of being arrested, brought to trial and convicted.I do not think that Her Majesty's judges, or anyone else, need me to draw that to their attention.