§ 30. Mr. ClappisonTo ask the Attorney-General how many sentences were referred to the Court of Appeal as being over-lenient in 1993; and how many of these resulted in an increased sentence.
§ The Attorney-GeneralDuring 1993, I sought leave to refer 29 cases to the Court of Appeal, including one to the Court of Appeal in Northern Ireland. Of the 18 cases decided to date, in which leave was granted in every case, 14 have resulted in an increase of sentence.
§ Mr. ClappisonDoes my right hon. and learned Friend agree that those 14 cases show how important a part that power plays in ensuring that the punishment fits the crime in every case? Is he aware that a warm welcome has been given to the extension of that power to a wider category of cases? Would he care to reflect that if we had listened to the view of the Opposition on criminal justice we would never have had that power at all?
§ The Attorney-GeneralMy hon. Friend is right. The Opposition opposed the power, but never mind: there is more joy in heaven over sinners who repent, and so on. Opposition Members also recognise that the Court of Appeal has been given a valuable power. Its objective is to seek to ensure that cases are sentenced in the range that the Court of Appeal criminal division regards as proper.
§ Mr. FlynnWhat does the Minister think of the decision to give a penalty of community service to Roger Levitt for stealing millions of pounds from his own clients? Is his advice to fraudsters that if they want to steal they should steal big?
§ The Attorney-GeneralThe hon. Gentleman knows that it is not proper for any Minister to make a comment on a judicial decision on sentence in any individual case. The House will be aware that the question of the power to refer sentences to the Court of Appeal as being unduly lenient in cases of serious and complex fraud is under active consideration.