§ Mr. Andrew TurnerTo ask the Solicitor-General how many applications he has received in the last 12 months via(a) the CPS, (b) members of the public and (c) hon. Members for the review of unduly lenient sentences; and how many in each category have (i) been rejected as out of time, (ii) been reviewed resulting in referral to the CPS, (iii) been reviewed resulting in referral to the courts and (iv) resulted in increased sentences. [51992]
§ The Solicitor-GeneralThe Attorney-General and the Solicitor-General have the power (under sections 35 and 36 of the Criminal Justice Act 1998) to refer a sentence for certain categories of offences to the Court of Appeal for review, if it appears to be not merely lenient but unduly so.
The law requires a reference to be lodged with the Court of Appeal within 28 days of the date of sentence. This period cannot be extended.
During the last year (from 1 April 2001 to 31 March 2002) the Crown Prosecution Service sent 191 cases to the Law Officers for a review of the sentence as an unduly lenient sentence.
In addition the Law Officers received similar applications in 17 cases from members of the public, and a further five cases from Members of Parliament. The Law Officers have also received three ULS referral cases from HM Customs and Excise.
In all, during the relevant period, the Law Officers have received applications for a referral in 216 cases.
Two (out of the 17) cases referred by members of the public were received beyond the 28-day time limit for referral and therefore could not be considered for a reference to the Court of Appeal.
Of the 216 cases sent to the Law Officers, 110 were referred by the Law Officers to the Court of Appeal for a review of the sentence.
According to our records, of these, to date, the Court of Appeal has heard 49 cases. Of the 49 cases heard, the results known to date indicate that the Court of Appeal granted leave in 45 cases and found the sentence to be unduly lenient in 44 cases. Despite concluding that a sentence is unduly lenient, the Court of Appeal can, in the circumstances of a particular case, apply its discretion and decide not to increase the sentence. In eight of the cases the Court of Appeal, applying its discretion decided not to increase the sentence. However it increased the sentence in 36 cases.