§ 31. Mr. Andrew Mackinlay (Thurrock)On how many occasions he has sought leave to appeal against over-lenient sentences since 1 May 1997; and if he will make a statement. [67828]
§ The Attorney-General (Mr. John Morris)Since 1 May 1997, leave has been sought in respect of 148 1074 offenders. Of those, 97 applications have been heard, leave was granted in 93 cases and the sentence was increased in 80, which is 82.5 per cent. of the references that have been heard.
§ Mr. MackinlayI thank my right hon. and learned Friend for that information. I realise that the Labour manifesto cannot be implemented in its entirety at a stroke, but when will he be able to fulfil Labour's commitment to extend the powers of the Attorney-General to refer unduly lenient sentences to the Court of Appeal? Will he confirm that it can be done by order, without primary legislation, particularly against the backdrop of increasing numbers of victims of crime demanding greater justice in relation to dangerous driving, which I understand cannot yet be referred under the provisions of the Criminal Justice Act 1988?
§ The Attorney-GeneralI am well aware of the manifesto commitment to extend unduly lenient sentences. My right hon. Friend the Home Secretary and I are actively considering how best to take that forward. I also confirm that a sentence can be extended by order. It is only when one seeks to restructure the original scheme that one requires primary legislation. I share my hon. Friend's concern, which is manifest in all parts of the House, about sentences for causing death by dangerous driving. My hon. Friend is not right, however, as sentences can be extended.
§ Mr. MackinlayHowever, sentences relating to dangerous driving cannot be referred, so I was right.
§ The Attorney-GeneralYes. Causing death by dangerous driving is within the scheduled list. The matter undoubtedly causes concern and over the years a large number of cases involving dangerous driving causing death have been referred.