Unduly Lenient Sentence Scheme

Michael Tomlinson Excerpts

Wednesday 23rd November 2022 Commons Chamber

[The Solicitor General (Michael Tomlinson)]

Thank you for the warning, Madam Deputy Speaker. I also thank my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) for securing this very important debate. I particularly thank him for raising the very difficult case of his constituent Sharlotte, who was tragically killed by the abhorrent driving of John Owen while she was walking on the pavement—a place where she was entitled to feel safe. I pay tribute to the family of Sharlotte, and particularly to her mother, Claire Reynolds. I agree with my hon. Friend that she has shown unwavering bravery and conviction in the fight for justice.

Driving dangerously and under the influence of drink and drugs is a most serious offence, which is resoundingly condemned by all in this House. Before I pick up on some of the specific points that my hon. Friend made, let me set out some of the general principles of the unduly lenient sentence scheme, known as the ULS scheme.

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

[The Solicitor General]

My role and that of the Attorney General is to act as guardians of the public interest. In exercising our functions, we act quasi-judicially in the public interest and independently of Government. I share the desire of my hon. Friend the Member for Stoke-on-Trent North to ensure that those responsible for terrible crimes are properly punished. In the vast majority of cases, sentencing judges get it right. They deal with a huge variety of cases that vary in complexity and severity, and I commend them for their work. Thousands of cases are dealt with in the Crown court each year, and a similar number of sentences are imposed. In 2021, 151 cases were referred to the Court of Appeal under the ULS scheme, and sentences were increased in 106 cases. That is a rate of 70%.

The ULS scheme, as my hon. Friend mentioned, is intended to promote justice, fairness and consistency. It allows sentences that are too low to be increased, and is there to correct an error when judges get it wrong. Cases can, however, be referred to the Court of Appeal only if all three of the following conditions are satisfied. First, the offence must be within the ULS scheme. Secondly, the application must be lodged within 28 days. Thirdly, it must appear to the Attorney General or I that the sentence is not just lenient but unduly lenient. Of course, not all offences come within the scheme. It is reserved for those offences that are the most serious, such as murder, rape, robbery and causing death by dangerous driving. It has been extended over recent years.

Let me turn specifically to the offence of causing death by dangerous driving, and pick up some of the more specific points that my hon. Friend mentioned. First, he made an important point about a discount for a guilty plea. Sentencing Council guidelines rightly encourage a defendant to accept responsibility and avoid the need for a trial. If there were no reduction for a guilty plea, there would be little incentive to plead guilty, and a defendant may as well just have a trial. That would cause more anxiety to witnesses, victims and their families, and would act as a disincentive to pleading guilty. We must, however, get the balance right—hence there is a process to encourage an early guilty plea.

As my hon. Friend said, the reduction is applied on a sliding scale from one third, with the largest discounts for cases where a defendant pleads guilty at the earliest opportunity. I heard loud and clear what my hon. Friend said, and I know that his campaign on this point will continue, but there may be occasions where the first opportunity legally is not the very first appearance in court. It may occur later in proceedings.

My hon. Friend asked when a case can be referred to the Court of Appeal. It is important to note that, as he rightly said, the ULS scheme applies only to sentences that are unduly lenient, not to sentences that are simply lenient. The test is a high one. Parliament intended that the Court of Appeal will grant permission to refer a sentence only in exceptional circumstances, as he said—for example, if the judge has passed a sentence that falls outside the range of sentences that a judge could properly consider appropriate, or if there has been a gross error in law.

I must pay tribute to the invaluable work of the Sentencing Council for its development of sentencing guidelines that assist judges in deciding just and proportionate sentences. On the categorisation in those guidelines, my hon. Friend rightly said that level 1 is for the most serious offences, and encompasses driving that involves a deliberate decision to ignore, or a flagrant disregard for, the rules of the road. Level 2 is less serious and is for driving that has created a substantial risk of danger. As my hon. Friend said, for an offence committed, importantly, before 28 June this year, the starting point for a level 1 offence is eight years in custody, with a range of seven to 14 years.

As my hon. Friend has rightly mentioned, aggravating and mitigating factors must be considered. Once a provisional sentence is arrived at, the court is required to take into account factors that might make an offence more serious, and that is quite right—they are called aggravating features—but it must also consider factors that might reduce the seriousness of the offence or reflect personal mitigation. Those are mitigating factors. Different aggravating and mitigating factors will apply in every case and it is for the court to decide what weight to place on those sentences.

My hon. Friend has rightly said that sentences for the very top end of the scale are reserved for particularly egregious offences and he mentioned some of the particular factors that are aggravating. According to the guidelines, they include previous convictions for motoring offences, and more than one person being killed as a result of the event. Every death on the road is a tragedy but there is a scale, and it is right that when more than one death occurs, that should be reflected in the sentence. That is an aggravating feature, as is serious injury to one or more victims. I will mention just two more: other offences being committed at the same time, such as driving without a licence; and driving off in an attempt to avoid detection or apprehension. I am grateful to my hon. Friend for his kind words about our constructive meeting on some of these detailed points.

In terms of recent reforms, our laws must strongly signal that causing death by dangerous driving will not be tolerated. I know that, recognising a trend of inadequate sentences for causing death by dangerous driving, my hon. Friend warmly welcomed and fully supported the Police, Crime, Sentencing and Courts Act 2022. He rightly said that it increases the maximum sentence from 14 years imprisonment to life imprisonment. Of course, that is only for offences committed after 28 June, when the Act comes into force, and he is absolutely right to say that it cannot be applied retrospectively.

I know that my hon. Friend is committed to tackling drivers under the influence of alcohol and drugs, and to ensuring that all such drivers are caught and punished. The Government are too. First, we have increased the maximum penalties for causing death by careless driving when under the influence of drink or drugs. Secondly, we have changed the law to increase the maximum period of imprisonment and the minimum driver disqualification period for those who commit the most serious road traffic offences, ensuring that they are kept off our roads for longer periods. I know that my hon. Friend is also aware of the Department for Transport’s call for evidence relating to drug driving, which closed in June. This combined approach of tough penalties and rigorous enforcement reinforces the social unacceptability of drink and drug driving, and reminds people of the very serious consequences.

I am seriously grateful to my hon. Friend for bringing this debate. The ULS scheme is not shrouded in mystery, and nor should it be, but it is not often that we have the opportunity to debate the scheme in any detail and I am grateful to him for providing this opportunity. I am also grateful to his constituents, and I acknowledge their courage in allowing Sharlotte’s case to be highlighted. I know personally how difficult it is for family members to come to Parliament after such a tragic event, and I know the toll that even this debate will be taking, but as my hon. Friend continues his campaign, it may be at least some little comfort to know that Sharlotte’s tragic case will help to highlight the scourge of dangerous driving and has helped to make a difference through my hon. Friend’s campaign and the increase in sentencing in the 2022 Act. Sharlotte’s memory will continue to have a positive impact in the future.

Question put and agreed to.