Oral Answers to Questions

Debate between Nick de Bois and Dominic Grieve

Tuesday 7th January 2014 Commons Chamber

[Nick de Bois (Enfield North) (Con)]

1. On how many occasions in the last 12 months he has referred a criminal sentence to the Court of Appeal for review because it was felt to be unduly lenient.

[The Attorney-General (Mr Dominic Grieve)]

From 31 December 2012 to 1 January 2014, the sentences of 67 offenders were referred as unduly lenient and have either been heard or are due to be heard by the Court of Appeal.

[Nick de Bois]

The will of Parliament was that the use of a knife in an aggravated fashion would carry a mandatory six-month jail sentence, but according to the latest statistics, the courts have imposed such a sentence in only half of all cases. Does the Attorney-General agree that perhaps these should be considered for appeal, and does he back Parliament’s will?

[The Attorney-General]

My hon. Friend may be aware that such cases are not currently referable. It is for Parliament to decide whether it wishes to extend and make referable those sentences. If Parliament’s will is that they should be, it is my job to consider that. It is worth bearing in mind that the principle enunciated originally was that only a small number of cases in specified and very serious offences would ever be referred. But there needs to be finality in sentencing and, of course, if many more cases are referred, that will place burdens both on the Court of Appeal in considering them and on my office in making the assessment of around 450 cases per annum.