HC Deb 27 February 1995 vol 255 cc685-6
29. Dr. Spink

To ask the Attorney-General how many cases he has referred to the Court of Appeal for review of an apparently over-lenient sentence.

The Attorney-General (Sir Nicholas Lyell)

Since 1989, 181 cases have been referred to the Court of Appeal in England and Wales and 11 in Northern Ireland; 19 were subsequently withdrawn. Of the 166 cases heard to date, 136—or 82 per cent.—resulted in an increased sentence.

Dr. Spink

Will my right hon. and learned Friend join me and the whole House in expressing condolences to the family of Tony Martin, a 17-year-old who died in my constituency? In the words of the judge, a knife was opened and plunged into the boy's body. Does my right hon. and learned Friend understand the sense of great outrage in the community that I represent because a six-year sentence only was passed on the 31-year-old man, Mr. Osborne, who committed that crime? Although I entirely understand—

Madam Speaker

Order. I am sorry to interrupt the hon. Gentleman on a serious issue, but this seems to be a constituency matter on which representations should be made in writing, or should be the subject of an Adjournment debate. In Question Time, questions must be brief and the Minister concerned must be fully aware of all the circumstances.

Dr. Spink

I was coming to the point, Madam Speaker, and I appreciate your help.

Does my right hon. and learned Friend agree that severe and harsh deterrent sentences should be passed, to prevent people from going armed with knives and other weapons to places of entertainment, where they put our constituents at unacceptable risk?

The Attorney-General

The whole House will have the deepest sympathy for the family of the victim in that tragic case. The sentence imposed by the learned judge depended on the facts as found by the jury. It found proved a case of manslaughter, but found the defendant not guilty of murder. In those circumstances, there can be no doubt that the sentence imposed was well within the range available to the learned judge.

Mr. Mullin

Does the Attorney-General think that his powers to appeal against sentences should be extended to those imposed by magistrates?

The Attorney-General

No. That jurisdiction must he exercised with great care, with individual attention being given to each case. If one extended it to the just over 1 million cases dealt with by magistrates courts each year, it would not he possible to apply the detailed care and consideration that the jurisdiction requires.