Unduly Lenient Sentence Scheme

Lee Anderson Excerpts

Monday 5th October 2020 Commons Chamber

[Lee Anderson (Ashfield) (Con)]

I am grateful for the opportunity to open this Adjournment debate on an issue that is of great importance to my constituents. We have a brilliant judicial system in our country—it is the envy of the world—and we get it right most of the time. However, sometimes we get it wrong when it comes to sentencing. The good news is that we have the unduly lenient sentence scheme, a highly successful scheme that allows sentences for certain offences that are unduly lenient to be referred to the Attorney General and, subsequently, the Court of Appeal, to hopefully get the sentences of some of the worst criminals in our society increased.

It is right that the most serious offenders, including those who have committed violent and sexual offences, should spend more time in prison to match the severity of their crimes. The Prime Minister has been clear that the Government he leads will strengthen public confidence in the criminal justice system, and on behalf of the residents of Ashfield and Eastwood, I will support legislation designed to achieve that.

Legislation was recently introduced in Parliament to abolish automatic halfway release for serious offenders who receive standard fixed-term sentences of seven years or more. That includes those found guilty of rape, manslaughter or grievous bodily harm with intent. Instead, a new requirement to serve two thirds of a sentence in prison was introduced, with the existing strict licence conditions on release continuing. That action means that around 2,000 serious offenders will spend longer in custody, keeping the public safe—and rightly so.

[Sir John Hayes (South Holland and The Deepings) (Con)]

With the permission of my hon. Friend, which I sought in advance, Madam Deputy Speaker, I wonder whether he agrees with me that the Government also need to tackle the vexatious liberal bourgeois lawyers who try to get the thugs, villains and crooks that he describes—

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Motion made, and Question proposed, That this House do now adjourn.—(James Morris.)

[Lee Anderson]

I welcome the fact that this Government want to go further as part of their determination to protect the public from serious offenders.

The Government have published a sentencing White Paper, which represents the largest reform to sentencing for almost 20 years. Victims will have the power to query sentences for a wider range of crimes, as the scheme has been extended to cover 14 new offences, including stalking, harassment, child sex abuse and other sex offences.

The priority of Government is the safety and security of their citizens. However, the system of sentencing in England and Wales does not always command the confidence of the public. Public protection is a key principle of sentencing, yet all too often we see cases of offending where serious sexual and violent offenders are not receiving sentences that reflect the severity of their crimes.

The passing of correct sentencing is crucial, and based on the right legislation and procedure, it will bring increased public confidence. However, despite the Government’s extension of the scheme in recent years, which has been strongly welcomed in Ashfield and Eastwood, my constituents are still concerned that not enough crimes are included on the scheme’s eligibility list. The extension of the scheme will keep offenders who pose a risk to the public off the streets for longer and help restore public confidence that robust sentences are executed in a way that better reflects the gravity of the crimes committed.

In previous years, we have seen the scheme work well and become increasingly popular. In November 2017, the Solicitor General noted that the number of sentences considered by the Attorney General’s office had more than doubled between 2010 and 2016, from 342 to 837. The Attorney General said that the 833 referrals received by his office in 2016 were a 17% increase from the previous year.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

Is the hon. Gentleman aware that there are strict deadlines for the unduly lenient sentence scheme, which sometimes mean that a victim or member of a victim’s family who wishes to challenge a sentence is unable to do so because they have not received proper advice? I have the case of Tracey Hanson, whose son Josh Hanson was brutally murdered. She applied in the 28 days but was past the office-hours deadline, so she was not able to challenge the sentence. Does the hon. Gentleman agree that there is a need for better advice for victims beforehand so that they can challenge sentences properly and be aware of their rights?

[Lee Anderson]

I thank the hon. Gentleman for that intervention, and I totally agree that more advice should be readily available for the victims of these horrid crimes.

The scheme has seen many recent successes, including in relation to a 28-year-old male from Leeds who was found guilty of rape in 2019. This abhorrent individual was originally sentenced to 14 years and six months’ imprisonment. After the sentence was reviewed as too lenient, it was altered to 18 years, with an extended licence of eight years—that is an extra four years for this vile criminal to reflect on his wicked crime and four more years that he is off our streets.

My constituents in Ashfield and Eastwood are delighted with results such as that, particularly when they see first hand the effectiveness of the scheme in reviewing sentences closer to home. Eighteen-year-old Edi Gomes of Nottinghamshire was convicted of a city centre stabbing and originally sentenced at Nottingham Crown court in May 2019 to 240 hours of unpaid worked. Most of the time, our justice system gets things completely right, but the example of Gomes shows that there are cases that need to be reviewed. He got 240 hours of unpaid work, but a violent offence as serious as wounding with intent and possessing a bladed article warrants a custodial sentence.

[Andy Carter (Warrington South) (Con)]

My hon. Friend is making some powerful points. Does he agree that it is not just about the sentence but about the charges in the first place? It is critical that the Crown Prosecution Service matches the right crime with the right charges. For example, the CPS often prefers to charge an assault at a lower level, which means it is likely to be dealt with in a magistrates court and result in a lower sentence, because in the opinions of some in the CPS there is more likely to be a conviction as a result. The cases therefore never get to the Crown Court, where they really need to be.

[Lee Anderson]

My hon. Friend is quite right: sometimes it is the easy option to put a case through a magistrates court rather than a Crown court. I completely agree, and I want our judiciary system to take the harder option in future to ensure that such vile crimes are put through the Crown court and result in the maximum sentence possible.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

My hon. Friend is one of the soundest voices in this House who entered in 2019. He is a true champion for the now “blue wall”, as it is dubbed. In Stoke-on-Trent North, Kidsgrove and Talke, we had an example of a young man who was brutally stabbed, along with a cyclist who was passing by. The young man who stabbed them received only a three-year sentence with the promise of an 18-month release. My hon. Friend referred to a case in his area where knife crime was not being handled seriously. Does he agree that, if we are to tackle the scourge of knife crime, the sentence must fit the crime?

[Lee Anderson]

I completely agree once again that the sentence must fit the crime. The unduly lenient sentence scheme is tailored for such incidents, and I hope that it has been referred to the Attorney General.

Edi Gomes in Nottinghamshire was sentenced to 240 hours of unpaid work and was then back out on the streets. That is not justice for the victim, and it sends out the wrong message to the public and our police. I was therefore delighted to hear that the case was referred to the Attorney General, whose office agreed that the case should be referred to the Court of Appeal under the scheme, which ruled that his previous non-custodial sentence was too lenient and that he should be locked up. Following the review, Gomes was sentenced to 18 months in custody.

To have a long-term impact on reducing knife crime, it is essential that the police, the justice system and communities take a stand together. The custodial sentencing decision sends the right message to those who carry and use knives in Nottinghamshire and across the country. The scheme sends a message to the general public that the Government will do whatever it takes to ensure that the people who commit these offences face the full consequences of their actions.

My constituents were further encouraged by the effectiveness of the scheme when, in 2018, two Nottinghamshire drug dealers were jailed over the importation of more than £65 million-worth of cocaine and heroin and handed 16-year custodial sentences. More than 142 kilos of drugs were seized at the helm of the two men, and with their sentences ruled too lenient they each received an extra three years on top of their original sentences. Those men deserve nothing less than 19 years’ imprisonment.

I appeal to the Attorney General to consider extending the scheme to ensure that all crimes where someone has died are eligible for review. Although death by dangerous driving is covered by the unduly lenient sentence scheme, death by careless driving is not. It is my belief that if a crime involves a death, that should be a triggering factor in deciding whether it is serious enough to be reviewed.

There has been some success with the scheme in terms of sexual offences, with the recent example of school bus driver Robert Woolner, who took photos of young girls leaving his bus and was found guilty of attempting to arrange a child sex offence. He will now be imprisoned for longer after his sentence was reviewed under the scheme. Woolner was arrested after he was caught communicating and discussing oral sex with a person whom he thought was a 13-year-old boy. The boy was in fact an undercover police officer, and the offender was arrested in the place where they had arranged to meet. Police then found extreme pornographic content on Woolner’s phone, as well as three videos made during his employment as a school bus driver showing under the skirts of schoolgirls as they left the school bus.

On 17 July, Woolner was originally sentenced at St Albans Crown Court to 12 months’ imprisonment for attempting to arrange or facilitate a child sex offence, possessing extreme pornographic images and multiple counts of recording an image under clothing. Following the Solicitor General’s intervention, the Court of Appeal increased his sentence to two years and six months’ imprisonment. An individual such as Robert Woolner, who is evidently extremely dangerous, shows us exactly why this scheme is necessary.

The Government must continue to work to fulfil our manifesto commitments to bring in tougher sentences. A more efficient approach to sentencing will grow confidence in the criminal justice system’s ability to deal effectively with the worst offenders and protect citizens. No one should feel unsafe walking our streets, so I look to the Minister with great optimism and belief that this Government will take the approach I have outlined and seriously consider extending the unduly lenient sentence scheme to cover more sentences. Thank you so much, Madam Deputy Speaker, for giving me the chance, on behalf of the people of Ashfield and Eastwood, to put this debate to this House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before I bring in the Minister, I just wanted to explain that when the Adjournment debate starts before 10 o’clock, we have to move the motion again. That is why I had to interrupt the hon. Gentleman. I hope I did not put him off his stride—it does not sound as though I did.