Unduly Lenient Sentences

Karl Turner Excerpts

Wednesday 10th June 2015 Commons Chamber

[The Solicitor General (Robert Buckland)]

It is a pleasure to reply to the debate called by my hon. Friend the Member for Dartford (Gareth Johnson), and I thank him for allowing this important issue to be aired this evening. In doing so, I pay warm tribute to him for his commitment to reform in this area over a number of years. He came to this House with a wealth of experience in the criminal law in his practice, and he and I struck up a friendship because of our common understanding of the criminal law and our mutual experience in criminal practice over the years prior to our entry to this House. Therefore he speaks with particular knowledge about these issues. But he also speaks as a Member of Parliament, representing thousands of people who, like all of us, expect to see consistency and a correctness of approach to criminal sentencing from the judiciary.

It is right for me to say that Her Majesty’s judges do a tremendous job on the sentencing of offenders; they deal, week in, week out, day in, day out, with a variety of sometimes difficult and complex cases, and it is right for me to thank them for all the work they do. But the issues that my hon. Friend raises are important, because there will be times when errors are made. It is perhaps right for me briefly to remind the House that the unduly lenient sentence scheme, which has been operating for just over 25 years, was introduced, in a way, to deal with that concern. Prior to it, there had been no means of increasing a sentence for any criminal offence once it had been passed by the courts.

The scheme was brought in because of a public outcry over a case that many of us will remember—the Ealing vicarage case. A gang of men broke into the vicarage. There were several victims. The vicar, Michael Saward, was severely injured and Jill Saward was raped. When the four offenders were sentenced some 11 months later, there was a public outcry when the men received higher sentences for the burglary than for the rape. I take the opportunity to pay warm tribute to Jill Saward, who, in the years since, has been a redoubtable campaigner on behalf of victims of sexual violence.

The Criminal Justice Act 1988 introduced for the first time a mechanism by which sentences could be increased by the Court of Appeal. Sections 35 and 36 provide the Attorney General and the Solicitor General with the power to refer sentences passed in certain Crown court cases to the Court of Appeal for review if the sentence is considered to be “unduly lenient”.

Parliament imposed strict safeguards when that power was created. The power had to be exercised personally by the Attorney General, or by the Solicitor General on the Attorney General’s behalf, in relation to indictable only offences or certain either-way offences specified by order, and only where it was considered that the judge had made a gross error in sentencing. Creating a power to correct these grossest sentencing errors was, and remains, the key mechanism to ensure that public confidence in the criminal justice system is maintained when unduly lenient sentences are passed.

It is important to note that it is not a prosecution right of appeal. It is as guardians of the public interest that we, the Law Officers, exercise the power to refer cases. In other words, it is a power exercised independently of Government, but by a Minister. The power to refer a case is subject to an absolute time limit of 28 days from the date of sentence.

A Law Officer considers all cases personally. It is very important that the filter is dealt with by the Ministers themselves. The Attorney General and I feel that that is a vital part of the system. Cases may be received at any point in the 28-day period. Although some cases are referred for consideration by the Crown Prosecution Service, anyone can make a complaint about a referable sentence, including members of the public, and it will be carefully considered.

The power to refer applies to all “indictable” only offences—offences that can be dealt with only by the Crown court—which include murder, manslaughter, causing death by dangerous driving, rape, robbery, wounding with intent, and many others. It also applies to certain either-way offences, which have since been specified and added by order. That phrase means offences that could be dealt with in the magistrates court as an alternative to the Crown court.

The various orders that have been made pursuant to the Criminal Justice Act 1988 were consolidated by an order made in 2006, which ensured that the ULS scheme now also applies to a number of sexual offences, some drugs offences, child cruelty, threats to kill, and offences that have been racially or religiously aggravated.

Most recently, from July last year, we, as Law Officers, have been able to consider whether a sentence imposed for an offence under section 71 of the Coroners and Justice Act 2009 is unduly lenient. I know that the right hon. Member for Slough (Fiona Mactaggart) will be interested in this, because that is an offence of holding a person in slavery or servitude and requiring a person to perform forced or compulsory labour.

However, it is this incremental process of adding offences that has led to the current formulation of the scheme, and I acknowledge that there are inherent anomalies, which my hon. Friend has described very clearly. I shall return to that point shortly. Much more often than not, we decide that sentences referred to us are not unduly lenient. However, I am proud to say that, in referring cases to the Court of Appeal, we have achieved some considerable successes. I am talking not just about the high-profile cases, involving well known offenders such as Stuart Hall, but much more widely.

In one recent case, which I presented in the Court of Appeal—it is an important principle that Law Officers go to court to present cases on behalf of the Government to make the point that the public interest is being served—the offender was convicted after trial of the attempted murder of three sisters from the United Arab Emirates who were on holiday in London. During a burglary of their hotel room, he attacked the women with a hammer, causing life-threatening injuries. The Court agreed with me that the 18 years minimum term of imprisonment was unduly lenient and increased it, so that the offender must serve 27 years before he is considered for release. The presence of children during the serious attack and the use of gratuitous violence with a weapon were among the serious aggravating factors.

In another example, a referral was made in a case involving the sexual abuse, including rape, of a six-year-old girl by a male offender, who was assisted by his female partner. The Court of Appeal agreed that the original sentences were unduly lenient and increased the male offender’s total sentence from 12 to 19 years’ imprisonment. The Court found him to be a dangerous offender and therefore ordered that there be a five-year extended licence period after the 19-year term finishes.

Those are two important examples of cases where great damage has been caused to victims and in which the ULS scheme has played an important role in securing justice for them. There are many more such cases.

The high-profile nature of the ULS scheme in the recent past has meant that the number of referrals has been steadily increasing as awareness of the scheme widens. Very shortly, detailed figures of the latest trends within the scheme will be published, and I think they will show that the public are becoming more aware of, and more prepared to use, the scheme.

The Government will take very careful note of what my hon. Friend has said, and we will set out our plans as soon as is practicable. It is clear that at present there are inconsistencies and anomalies in the scheme, which the extension will seek to address. Both the Attorney General and I are very clear on that point, and we understand the concerns where offences—often serious offences—do not appear in the scheme, seemingly without a clear legal, or indeed logical, explanation.

I recognise that my hon. Friend and, indeed, all my hon. Friends are keen to see the Government make progress on a clear manifesto commitment. I hope I can reassure them when I say that work is very much under way with a view to delivering on that, and that the Prime Minister has been very clear that we will deliver on all our manifesto commitments.

[Karl Turner (Kingston upon Hull East) (Lab)]

What do the Government plan to do? Are they suggesting, for example, that they would include all either-way offences, or just some? Will they include only serious either-way offences?

[The Solicitor General]

That is an entirely proper question and we are developing our view. All matters need to be considered and it would be wrong of me to prejudge or ordain the outcome today, but I can reassure the hon. Gentleman. I know that he shares a passion for ensuring that victims of crime are protected. He took important amendments to the criminal law on sentencing though this House in the previous Parliament, and I pay tribute to him for that, but I am sure that he would be the first to understand that there needs to be careful consideration, and that this will be done as soon as is practicable.