§ 30. Shona McIsaac (Cleethorpes)What criteria the Law Officers apply when determining whether or not to refer an unduly lenient sentence to the Court of Appeal. [131294]
§ The Solicitor-General (Mr. Ross Cranston)The Attorney-General and I have the power to refer sentences to the Court of Appeal if we consider them to be unduly lenient. An unduly lenient sentence is one which is not merely lenient but falls outside the range of sentences that a judge, applying his or her mind to all the relevant circumstances of the case, could reasonably consider appropriate. The appropriate range must be determined by consideration of the principles of sentencing and other guidance laid down by the Court of Appeal.
§ Shona McIsaacI have been prompted to ask the question by unduly lenient sentences for sex offences, and sex offences involving children. No doubt many right hon. and hon. Members have received representations from families and victims who rarely believe that a sentence is appropriate. Are families and victims consulted in these distressing cases, and are there any plans to extend powers in relation to sex offences and sex offences against children?
§ The Solicitor-GeneralUnduly lenient sentences come to us for referral from the Crown Prosecution Service or, in some cases, from victims and relatives of victims who write asking for the sentence to be considered. We act at the prompting of victims and relatives and of the CPS.
On sex offences, an order was laid the other day that will come into force by October. It extends the range of sentences that can be considered by us to be unduly lenient and can therefore be referred to the Court of Appeal. The range includes sentences for drug trafficking, illegal importation of pornographic material involving children and for offences specifically against children, such as unlawful sexual intercourse with a girl under 16, inciting a girl under 16 to have incestuous intercourse and gross indecency with a child.
§ Dr. Julian Lewis (New Forest, East)Can the Law Officers take any steps in respect of judges who persistently pass inappropriate sentences, whether too lenient or too harsh? I have in mind the recent case of a headmistress who slapped a pupil who was attacking her in the classroom and was threatened with jail. Does that 1237 not show that some judges are almost as out of touch with public opinion as this Government are increasingly seen as being?
§ The Solicitor-GeneralIf anyone is out of touch with public opinion it is Conservative Members.
As I said a moment ago to the hon. Member for Gainsborough (Mr. Leigh), who has since disappeared, we cannot interfere with the judiciary. The independent judiciary is a very valued feature of our system but, in particular cases, unduly lenient sentences can be referred. I do not think that the figures would show that the sentences passed by particular judges are being referred more than once.
§ Dr. George Turner (North-West Norfolk)My hon. and learned Friend will be aware that it is rare to be able to talk to the victims of crime or to those who apprehend the criminals. However, they raise the problem, as they perceive it, of overly lenient sentences. I understood my hon. and learned Friend to say that action was taken only if the judge strayed outside the prescribed range of sentences. That must cover a multitude of possible degrees of guilt. Is there not a case for allowing the questioning of a sentence, even when it is within the prescribed range, if it is not appropriate?
§ The Solicitor-GeneralSentencing depends on particular circumstances. A whole range of circumstances applies to manslaughter, for example—a death might be akin to murder, or it might follow from fortuitous circumstances. The range of circumstances in any particular case is quite wide. Therefore, the sentencing guidelines laid down by the Court of Appeal are similarly broad, giving a range of sentences. It is only when the sentence falls outside that range, given the particular circumstances, that we refer the matter. My hon. Friend is right that the courts sometimes do not seem to take into account the facts of the case. However, the facts are often mediated through the press and we do not get a full report.
Mr. Edward Gamier (Harborough)At the risk of giving you praise, thanks and congratulation fatigue, Madam Speaker, may I add my own heartfelt and sincere thanks, praise and congratulations on your long and successful period in office and wish you a very long and happy retirement from your duties in this House?
Is the Solicitor-General considering yet further widening the range of offences for which unduly lenient sentence applications may be made by the Attorney-General or the Solicitor-General to the Court of Appeal, beyond the order that he has just announced?
§ The Solicitor-GeneralIn our manifesto, we said that we would look at the matter. We considered it, and the three areas that I identified came immediately to mind for extension. There are problems in terms of resources and work load, in that the Attorney-General and I have to consider each application. The number of cases coming to us from victims, relatives and the CPS is tending to increase every year. However, we certainly have not excluded a further extension of the offences that can be referred.
§ Mr. David Taylor (North-West Leicestershire)As a member of the Magistrates Association, I am concerned 1238 about judicial inconsistency. Is there not a strong case for more use to be made of fixed penalties, whether they are applied through an administrative mechanism or through the courts themselves?
§ The Solicitor-GeneralAs my hon. Friend knows, there are a certain number of mandatory sentences. Fixed penalties have been effective in terms of a number of less serious offences. There is no reason why other offences should not come within the net.