Question to the Attorney General:

To ask the Solicitor General, what steps she is taking to help tackle differences in sentencing guidelines that contribute to uses of the Unduly Lenient Sentence Scheme.

Answered by Ellie Reeves - Solicitor General (Attorney General's Office)

Sentencing decisions in individual cases are a matter for our independent judiciary. Sentencers must follow any relevant sentencing guidelines, issued by the Sentencing Council, unless not in the interests of justice to do so. The guidelines provide a structured approach for sentencers to follow and are designed to help enhance consistency and transparency in sentencing.

The Sentencing Council keeps the guidelines under review continuously. Cases will vary widely in seriousness and complexity. Constantly evolving case law also helps to shape and influence how these are applied.

The Unduly Lenient Sentence (ULS) scheme allows Law Officers to ask the Court of Appeal to review exceptional cases where there has been a gross error, or the sentence is unduly lenient.

The Sentencing Council itself is within the policy area of the MOJ and my office, with its public interest role in bringing justice in qualifying cases only, is necessarily independent of it.

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what steps his Department is taking to support local authorities to (a) impose penalties on developers who fail to complete adoptable highway works within agreed timescales and (b) recover administration and remedial costs through statutory enforcement notices.

Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)

Local planning authorities already have a wide range of enforcement powers, with strong penalties for non-compliance.

Where a local planning authority thinks that a condition imposed on a planning permission has not been met, they can serve a breach of condition notice which requires the recipient to remedy the breach within a specified time. There is no appeal against such a notice and failure to comply with it is an offence punishable by an unlimited fine.

An enforcement notice can be served against any breach of planning control – where there is no planning permission for development or the terms of a permission (including a condition) have been breached.

Enforcement is a statutory function for which local planning authorities need to budget. As such, the costs of enforcement activity are not generally recoverable. In some circumstances, authorities can take direct action to remedy a breach of planning control and seek to recover any costs reasonably incurred in doing so from the landowner.

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