§ 31. Mr. HawkinsHow many appeals against over-lenient sentences have been made since 2 May. [22333]
§ The Attorney-GeneralThe Law Officers between them have referred 52 sentences to the Court of Appeal.
§ Mr. HawkinsDoes the Attorney-General agree that the introduction of appeals against over-lenient sentences was a popular and successful measure introduced by the previous Government? Does he agree that both the victims of the crimes that led to those over-lenient 1141 sentences and the public in general feel that that is a worthwhile power? Will he look carefully at extending the consultation between prosecution authorities and the police, and the victims of the crimes concerned, when an appeal against over-lenient sentences is considered in future?
§ The Attorney-GeneralI have observed what has been happening over the years, and I am sure that the change has turned out to be worth while, although I concede that, at the beginning, many of us had doubts. Those were not confined to one party and went much wider than politicians—to the judiciary as well—because there was concern about the dangers of double jeopardy. That is taken into account by the courts, although it is not in the legislation. I, like my predecessors, receive the views of the prosecutor and independent Treasury counsel. We must have regard to current sentencing practices. When the judge delivers his initial sentence, he has regard to all the circumstances, including the victim.
§ Mr. LockCan my right hon. and learned Friend tell us what the Court of Appeal has made of sentences referred to it by him? I accept that every case that comes before him must be judged on its merits, but can he give us some guidance on whether his view that there are over-lenient sentences is, by and large, supported by the decisions of the court?
§ The Attorney-GeneralOf the 52 sentences that I and the Solicitor-General have referred since 1 May last year, 19 have been reviewed by the Court of Appeal, of which 13 have resulted in increased sentences. In six of those 19 cases, the Court of Appeal held that the sentences were unduly lenient, but exercised the court's discretion not to increase the sentence. The remaining 33 sentences are yet to be heard. The figures for the last few years are of roughly the same order.
§ Mr. SwinneyI have expressed to the Attorney-General the concern of one of my constituents, Mr. Brian Pithie, about what he considers to be an over-lenient sentence in the case of Philip Dale at Winchester Crown court. Will the Attorney-General give an assurance that he will look at the case and consider referring the sentence to the Court of Appeal for its leniency to be tested?
§ The Attorney-GeneralAll cases referred to my office are considered personally by me or by the Solicitor-General, whoever is available. The law lays down that that has to be done within a period of 28 days from sentence. That is the limitation and that means that sometimes there are few days left, as I am sure my predecessor will be the first to agree, before reference is made. The cases, however, are personally considered—they have to be and always have been.