Oral Answers to Questions

Debate between Lord Garnier and Andrew Bingham

Tuesday 26th October 2010 Commons Chamber

[Andrew Bingham (High Peak) (Con)]

5. What representations he has received on his recent report on unduly lenient sentences; and if he will make a statement.

[The Solicitor-General]

In July this year, my right hon. and learned Friend the Attorney-General and I released information on unduly lenient sentences in cases for 2009, the latest year for which figures are available. The figures show that of 311 sentences considered by the Law Officers, 108 were referred and heard by the Court of Appeal, of which 71 sentences were increased by the Court. The decision whether to refer cases often generates a good deal of media or public interest, but no representations were received by the Attorney-General’s office as a direct consequence of the publication of that information.

--- Later in debate ---

[Andrew Bingham]

The unduly lenient sentences scheme covers some but not all offences. In helping me to explain the situation to my constituents in High Peak, will my hon. and learned Friend explain why the scheme is limited to certain offences?

[The Solicitor-General]

The short answer is because that is what the statute says. It is confusing that there is a limitation on sentences that we can ask the Court of Appeal to consider. Cases that are triable on indictment only and cases that are triable either way are listed in the Statutory Instrument that followed the main statute. I am happy to have a discussion later with my hon. Friend to see whether we can help his constituents understand that rather complicated area of law.