HC Deb 06 November 1997 vol 300 cc390-1
31. Mr. Flynn

What plans he has to extend the period allowed for appeals against apparently lenient sentences. [12641]

The Attorney-General

The statutory time for an application for leave to refer a sentence to the Court of Appeal on the grounds of undue leniency is 28 days. That is mandatory and cannot be extended. That strict time limit was imposed to meet the concern that it would be intolerable if those whose sentences were subject to a procedure had to endure a long period of uncertainty about whether it would be used. Any consideration given to extending the time limit would need to take account of those concerns, as well as the practical implications of any other changes in the regime.

Mr. Flynn

The concerns of convicted murderers or other offenders obviously have to be taken into account, but should we not also consider the anxiety and anger of the families of those who have suffered? I brought before the Attorney-General a murder case in which an apparently lenient sentence was given. The short period in which the processes have to be undertaken means that a decision often has to be made in the final hours of the final day. Is it not true that rushed judgments are often poor judgments?

The Attorney-General

I have explained why there has to be a balance. There was great concern when the proposal was first brought into operation. Time is short, as I am sure my predecessor would be the first to agree. There are often only days for consideration perhaps only hours in some cases, although in only a few, I hope. However, the cases are considered in time. I hope that all hon. Members will do their best to disseminate the information that 28 days are available from sentence.