HL Deb 25 March 1993 vol 544 cc442-3

7 After Clause 40, Insert the following new clause:

Appeal by Lord Advocate against sentence in solemn proceedings etc

`7.—(1) After section 228 of the 1975 Act (which provides for appeal by a person convicted on indictment) there shall be inserted the following section—

"Appeal by Lord Advocate against sentence in solemn proceedings.

228A. Where a person has been convicted on indictment, the Lord Advocate may appeal against the sentence passed on conviction—

  1. (a) if it appears to the Lord Advocate that the sentence is unduly lenient; or
  2. (b) on a point of law.".

(2) In section 442 of that Act (which provides for appeal in summary proceedings)— (a) in subsection (1), after paragraph (b) there shall be inserted the following paragraph— (c) the prosecutor in such proceedings may, in any class of case specified by order by the Secretary of State under this paragraph, so appeal against the sentence passed on such conviction if it appears to the prosecutor that the sentence is unduly lenient."; and (b) after subsection (2) there shall be added the following subsection— (3) The power of the Secretary of State to make an order under paragraph (c) of subsection (1) above shall be exercisable by statutory instrument; and any order so made shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 7. It may be for your Lordships' convenience if I speak also to the consequential Amendments Nos. 31, 32, 34 and 39.

The new clause inserted by Amendment No. 7 introduces a right of appeal for the Crown to challenge unduly lenient sentences. As I indicated, there are further consequential amendments to introduce that right.

The main provision will enable my noble and learned friend the Lord Advocate to initiate an appeal against a sentence imposed in solemn proceedings which he considers to be unduly lenient, or to appeal on a point of law. This new power seeks to redress what is regarded by many as an imbalance in our criminal justice system. A convicted person may appeal against any sentence imposed on him, and will almost certainly do so if the sentence appears to be unduly severe.

The Crown, on the other hand, has no opportunity to appeal against a sentence which appears to be unduly lenient. My noble and learned friend the Lord Advocate envisages that the power will be used very sparingly and only where he considers it important for the appeal court to review a sentence which appears to have been inappropriately or inconsistently light.

The new provision is not a power to involve the Crown in the sentencing practice of the court. Sentencing will properly remain the preserve of the judges. The new power, however, will provide a mechanism for the Crown to request the appeal court to look at the sentence once again. With that brief explanation, I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 7.— (Lord Fraser of Carmyllie.)

Lord Macaulay of Bragar

My Lords, this amendment and the policy behind it are welcome to this side of the House. We hope that it will help to rectify the public perception of fairness which was being grossly undermined by certain sentences passed in the courts which did not make sense to—if I may use the terrible phrase—the ordinary man or woman in the street. We shall watch the development and use of this power by the noble and learned Lord the Lord Advocate with interest.

On Question, Motion agreed to.