HC Deb 23 June 1994 vol 245 cc253-4W
Mr. Winnick

To ask the Secretary of State for the Home Department whether he will refer the case of J. R. Edmonds of the BNP to the Court of Appeal in order that that court may impose a higher sentence in that case; and if he will make a statement.

Mr. Maclean

My right hon. Friend the Home Secretary has no powers to do so. Sections 35 and 36 of the Criminal Justice Act give the Attorney-General the power to refer unduly lenient sentences passed for certain offences in the Crown court to the Court of Appeal. The power applies to offences that are triable only in the Crown court and to those triable either way which have been prescribed by order made by the Secretary of State. The Home Secretary has made such an order in respect of offences of indecent assault, making threats to kill and child cruelty.

I understand that Mr. Edmonds was convicted of violent disorder. This offence does not fall within the scope of the Attorney-General's powers.