§ 30. Mr. Tim Collins (Westmorland and Lonsdale)How many unduly lenient sentences he has sought leave to refer to the Court of Appeal since 1 May 1997; and what has been the outcome of such referrals. [63015]
§ The Attorney-General (Mr. John Morris)Since 1 May 1997, leave has been sought in respect of 137 offenders; 101 applications have been heard; leave was granted in 97 applications; and the sentence was increased in 84, which is 83.2 per cent. of references which have been heard.
§ Mr. CollinsI am delighted to hear that the new Government are continuing to use that power granted by the previous Government. Does the Attorney-General now regret the fact that the Labour party in opposition opposed the introduction of that power?
§ The Attorney-GeneralThe hon. Gentleman is absolutely right; I am continuing on the same basis that my predecessors submitted cases to the Court of Appeal. The hon. Gentleman was not in the House when the matter was debated. There was a great deal of concern, not confined to one party alone but apparent also among many of the judiciary, about the proposal. The basis of the fears was that individuals would be placed in double jeopardy. Fortunately, the courts have interpreted the 1093 legislation to take account of double jeopardy, and that is not in the legislation. In the circumstances, I am more than content that the machinery is working properly.
§ Mr. Geraint Davies (Croydon, Central)I thank my right hon. and learned Friend for the way in which he refers cases for reconsideration, in particular those so serious or appalling that they generate widespread public concern. I am confident that the Court of Appeal will look closely at such cases. The people of Croydon are particularly grateful for cases of local concern which have been referred.
§ The Attorney-GeneralI fully understand my hon. Friend's concern about a local case which caused great anxiety. A petition was submitted and there was a great deal of press interest. I know the concerns of many in many localities when sentences are out of line with guidelines and the practice of the courts. In those instances, it is important to maintain public confidence and to refer cases, which are few against the total number—about 0.5 per cent.—to the Court of Appeal to ensure that public confidence is maintained.
§ 32. Mr. Paul Flynn (Newport, West)What new proposals he has to discourage apparently lenient sentences. [63018]
§ The Attorney-GeneralThe Government are actively considering how best to implement our manifesto commitment to extend my powers to refer cases to the Court of Appeal for review when it appears to me that the sentence is unduly lenient. The Government hope to be able to announce proposals early next year.
§ Mr. FlynnDoes my right hon. and learned Friend recall a recent case where a driver, who demolished a wall while being three times over the breathalyser limit, escaped without fine or ban; another case in which a defendant, who was accused of a £1 million mortgage fraud, was excused a retrial on the ground that he was suffering stress; and a third case in which a driver, who admitted to being responsible for an accident in which a young woman was injured and will probably lose her eyesight, suffered no prosecution, ban or penalty points and was advised to take extra driving lessons? Is it not extraordinary that, in those three cases, the people involved were all High Court judges? Is there one rule for judges and another for the rest of us?
§ The Attorney-GeneralI can assure my hon. Friend that there is the same rule, and the rule of law prevails for each and every one, from the highest to the lowest. Any decision that I have to take is no less fair for the highest than for someone who may, apparently, be less important in society. Everyone is treated in exactly the same way.
§ Mr. Elfyn Llwyd (Meirionnydd Nant Conwy)Does the Attorney-General agree that there might be a case for better instruction of judges in sentencing principles and guidelines?
§ The Attorney-GeneralAs a rather long-established recorder until fairly recently, I can assure the hon. Gentleman that potential judges, assistant recorders, recorders and judges attend courses in order to ensure 1094 cross-fertilisation of knowledge, experience and practice. Over the years, the Court of Appeal has issued a substantial number of guidelines which have assisted judges in the difficult task of sentencing.
§ Mr. Nicholas Soames (Mid-Sussex)In pursuing the same line as the hon. Member for Newport, West (Mr. Flynn), may I ask the Attorney-General to speculate on whether judges are given proper instruction in the declaration of their interests?
§ The Attorney-GeneralI cannot comment on a matter that I understand is sub judice at the moment. As regards the decision made today, it would not be right for me to do so.
§ Mr. Gordon Prentice (Pendle)When a prosecution has been stayed or a trial discontinued because the defendant was apparently suffering from an incurable disease such as Alzheimer's, but he then makes a miraculous recovery, is there not a good case for the prosecution to revisit that case and bring it back to trial?
§ The Attorney-GeneralThat can always be considered if there is a change in the legislative position. However, it is not the position now and I have to administer the law as it stands.