Unduly Lenient Sentences

Debate between Nick Thomas-Symonds and Geraint Davies

Wednesday 6th December 2017 Westminster Hall

[Nick Thomas-Symonds (Torfaen) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Davies. I refer Members to my relevant entry in the Register of Members’ Financial Interests, indicating that I am a non-practising door tenant at Civitas Law in Cardiff.

I congratulate the right hon. Member for Hemel Hempstead (Sir Mike Penning) on securing the debate, and on the considered way in which he introduced it. I know he has carried out a number of ministerial roles; I remember in particular his role that combined both justice and policing. While I might not always have agreed with him, I always thought he carried out the job in extremely good faith, and it is good to see him making this contribution from the Back Benches today. He described well how the system works, with the right of appeal for defendants and the unduly lenient sentence scheme as it stands. I wholly agree with him on the question of public understanding of, and confidence in, the working of the scheme and of how victims are communicated with throughout the process, whether by the courts system, the Crown Prosecution Service or their lawyers. The need for clarity is vital, and I am sure the Solicitor General will be able to touch on it in his closing remarks.

There was also a good contribution from the hon. Member for Henley (John Howell). I know the job he does on the Justice Committee, on which I served briefly in 2015, and he identified well the role of the Committee as a statutory consultee as we set the sentencing framework. That is important, and it is crucial that the Justice Committee makes its views known at that stage, as it can only assist with consistency in sentencing.

I thought there was a thread running through all the other contributions to the debate, whether from the hon. Member for Solihull (Julian Knight), the hon. Member for Shipley (Philip Davies), the hon. Member for North Devon (Peter Heaton-Jones) or the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). The real sense was about clarity, consistency and public understanding, which are vital to our criminal justice system. If I may say so, it was also a pleasure to hear from the hon. Member for Strangford (Jim Shannon), who spoke powerfully about his 30 years of public service and the thousands of cases with various sentencing decisions that he has dealt with in Northern Ireland.

Coming to the issue of the unduly lenient sentence scheme, the Solicitor General will be aware of the 19 terror- related offences added to the scheme on 8 August this year. The statistics are instructive, and I looked them up prior to the debate. There is no doubt that the number of requests is increasing, although that is partly due to sentences being added to the scheme. In 2010 there were 342, in 2015 there were 713 and last year—the most recent set of statistics available—the figure was up to about 837. In 2015, of those 713 requests, 136 were referred to the Court of Appeal—[Interruption.]

[Geraint Davies (in the Chair)]

Order. The sitting is suspended for 15 minutes for the Division. If there is a second vote, it will be suspended for a further 10 minutes.

--- Later in debate ---

[Nick Thomas-Symonds]

The hon. Gentleman is quite right, but that applies the other way as well. If the defendant appeals something, as long as it is within a reasonable band, it will not be appealable the other way either. The reasonable band exists to bring certainty and consistency to sentencing, which all of us in this House who believe in the rule of law should want.

I take the point entirely that the unduly lenient sentencing scheme does not cover 80,000 cases. None the less, there are thousands of cases where the judiciary, within the sentencing framework it has, does a good job, and we should not lose sight of the fact that we should be backing our judiciary.

[Geraint Davies (in the Chair)]

Before inviting the Solicitor General to respond, I point out that the debate will end at 5.42 pm.