Oral Answers to Questions

Gareth Bacon Excerpts

Tuesday 21st November 2023 Commons Chamber

[Gareth Johnson (Dartford) (Con)]

12. If the Government will make an assessment of the potential merits of extending the unduly lenient sentence scheme to include additional offences.

[The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)]

In 2019 we expanded the unduly lenient sentence scheme to include 14 new offences, including further child sexual offences and coercive or controlling behaviour. We have no immediate plans to extend the scheme further, but we keep it under constant review.

[Gareth Johnson]

I welcome the new Minister to his place; his is an excellent appointment and I wish him every success. The fact that malicious wounding, actual bodily harm, burglary and even rape, when dealt with in the youth courts, do not come under the unduly lenient sentence scheme is plain wrong. Will he please review that situation, which time and again lets down the victims of those serious crimes?

[Gareth Bacon]

The unduly lenient sentence scheme is intended for use in serious cases for offenders sentenced in the Crown court. The Attorney General has the power to refer a sentence to the Court of Appeal for review if they believe it is unduly lenient. A youth court can sentence a child to up to two years of detention only. Where a child’s offence is likely to attract a sentence of more than two years, the case must be passed to the Crown court for sentencing, where the scheme therefore applies.

[Richard Foord (Tiverton and Honiton) (LD)]

Stiffening unduly lenient Crown court sentences is all very well, but there will still be delays in the system if there are backlogs in prosecuting in the courts. Up to 25% of criminal barristers have left the profession over the past five years, so what action are the Government taking to address the exodus of criminal barristers?

[Gareth Bacon]

In recent years the Government have invested an extra £141 million in criminal legal aid, which should expedite a solution to the situation.

[James Wild (North West Norfolk) (Con)]

13. If he will make an assessment of the impact of changes in sentencing guidelines on causing death by dangerous driving on the length of sentences.

[The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)]

The Police, Crime, Sentencing and Courts Act 2022 increased the maximum penalty for causing death by dangerous driving from 14 years to life imprisonment. In June 2023, the independent Sentencing Council published revised sentencing guidelines for motoring offences, including for causing death by dangerous driving. It is too early to assess the outcome of those changes, but we regularly publish sentencing statistics on gov.uk. The Sentencing Council also monitors all guidelines in accordance with its statutory duty.

[James Wild]

I welcome my hon. Friend to his position. It is over a year since Parliament legislated to increase the maximum sentence for death by dangerous driving to life imprisonment. However, three members of my constituent Summer Mace’s family were killed in a horrific incident, and in June the offender got only 10 and a half years. That is totally inadequate. As RoadPeace has shown, far too many sentences are too short. Will my hon. Friend meet me to discuss those sentencing guidelines, so that we can ensure that they reflect what Parliament actually legislated for?

[Gareth Bacon]

I was very sorry to hear of the death of Paul Carter, Lisa Carter and Jade Mace in January 2023 in a collision caused by Aurelijus Cielevicius, and the devastating consequences for their family and friends. I know that my hon. Friend has campaigned hard on this issue, and I read his Adjournment debate earlier this month. Sentencing is entirely a matter for our independent courts, based on the facts of each case. In July 2023, after Cielevicius was sentenced, the revised Sentencing Council guidelines for causing death by dangerous driving came into force, following the increase of the maximum penalty introduced by the PCSC Act 2022. I would be happy to meet my hon. Friend to discuss that further, should that be helpful.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

The man who was convicted of causing death by careless driving when he killed my young constituent Gregg was sentenced to only nine months in prison. However, because he was charged with causing death by careless driving, not dangerous driving, Gregg’s family had no right to appeal under the Attorney General’s unduly lenient sentence scheme. Will the Minister agree to discuss this with the Attorney General and look into revising the scheme to include causing death by careless driving?

[Gareth Bacon]

I was very sorry to hear the details of that particular case. I will, of course, be very happy to raise it with the Attorney General.

[Munira Wilson (Twickenham) (LD)]

14. What steps he is taking to improve the provision of education for children in custody.