Unduly Lenient Sentence Scheme

Baroness Winterton of Doncaster Excerpts

Wednesday 23rd November 2022 Commons Chamber

[Jonathan Gullis]

I am very grateful to my hon. Friend. The impact of Sharlotte’s death is impossible to overestimate. I have already explained the deeply saddening impact that it has had on Sharlotte’s immediate family. However, it has also had a huge effect on the local community.

The killing of an innocent child in such tragic circumstances comes with a set of exceptional impacts on the children around Sharlotte, which are unlikely to be felt in cases not involving the death of a child. Sharlotte’s classmates and children in the local community have been left with lasting effects, to the point where some have required specialist counselling and have been left scared to walk at the sides of busy roads. Sharlotte’s death will stay with these children long into adulthood, and I am staggered that that would not also have been considered as part of the sentencing.

In addition, I raised the legal ambiguities surrounding John Owen’s guilty plea. Mr Owen pleaded guilty long after he killed Sharlotte, in May 2022, when the report came back and demonstrated overwhelming evidence against him, including that he was under the influence of alcohol and drugs. Mr Owen did not plead guilty until that report was produced; he could have done that far earlier. Legally, he pleaded guilty at the “earliest possible” moment, but given the lengthy delay and ample opportunity, I do not believe that that should entitle him to the whole one-third reduction in his sentence. I feel the law should consider that with more nuance. It is totally different to plead guilty as soon as possible compared with as soon as “legally possible”.

By definition, the unduly lenient sentence scheme allows the Attorney General to refer a sentence to the Court of Appeal if it is too low. However, it appears that the scheme is practically useless if a case such as this one cannot be at least reviewed. The parameters to get a case reviewed by the Court of Appeal must be extraordinary. That, for me, brings into question the relevance of the scheme. I must ask: what is the point of it, considering that, as a Member of Parliament, I cannot help to get this truly harrowing miscarriage of justice at least appealed? Claire and I were no less than astonished by the Attorney General’s response, which ignored all my further questions. It feels as though the legal system did not care that a mother and a whole community felt completely let down by the law that is supposed to protect them.

To touch on the local actions following Sharlotte’s death, those should serve as an example to the Attorney General about how things must be adapted in response to such an emotive case. Local ward councillors for the area, such as Councillor Dave Evans and Councillor Carl Edwards, have been pushing for traffic-calming measures on Endon Road for many years. It is tragic that it has taken the death of a six-year-old girl for there to be a signalised pedestrian crossing, intermittent speed humps and more markings, but it shows a fundamental recognition that changes were needed following this tragedy—a concept that I advise the Attorney General and the Government to think about. Councillors are also pushing for a weight limit on the road to stop the HGV rat run; I hope that Staffordshire County Council and Stoke-on-Trent City Council can work together to agree on that limit as soon as possible. I would like personally to thank Councillor Carl Edwards, Councillor Dave Evans, Norton Green Residents Association and the local community for their hard work in pushing for road safety in the area.

I am grateful for the Solicitor General agreeing to meet me, following our correspondence, and pleased that our meeting was constructive. During the meeting, he and I discussed gross errors. In legal terms, a gross error is when a judge incorrectly misapplies the law, for example by placing a defendant in the wrong category. Understandably, the Solicitor General argued that the case could not be referred to the Court of Appeal because no gross error had been made. That effectively means that if a judge puts a defendant in the right category, there is no way to argue that the sentence is too lenient.

I believe that that is far too simplistic. It fails to consider that a category 1 sentence can range from eight to 14 years—a substantial difference that would have had a huge impact on the perception of the case. If, for example, the case had been referred to the Court of Appeal and John Owen’s sentence had been extended to the maximum 14 years, it would be perceived to be far more rigorous. However, because the gross error clause only allows cases in the wrong category to be referred, we were unable to bring Sharlotte’s killer to the real justice that he deserves.

It was a huge disappointment to hear that, especially considering that the Solicitor General and I both voted for the Police, Crime, Sentencing and Courts Act 2022, which takes a more robust approach to causing death by dangerous driving—indeed, it extends the maximum sentence way above 14 years. In my view, this sentence undermines the Act’s more rigorous stance on causing death by dangerous driving. Although I accept that that cannot be retrospectively applied to Mr Owen, it does not deter those who might think it sensible to get in their car under the influence of drugs and/or alcohol.

The experience also raises obvious questions about the application of the new law by judges. If Judge Glenn arrived at this insulting sentence within the current parameters, I am not at all confident that a similar sentence would not be issued even under the changes that we have made in this House. I was hugely grateful to the Lord Chancellor for agreeing at Justice questions yesterday to meet Claire and me to discuss sentencing guidelines and try to ensure no other family feels let down by the justice system again.

Ultimately, it is without question that the difficulties that Claire has had in bringing the killer of her six-year-old daughter to justice are wholly unacceptable. There are significant nuances in the law that allowed Mr Owen to prolong the case significantly, yet unnecessarily. That meant that the case dragged on for too long, which has had devastating consequences for Claire and her family. More importantly, it is still my view and that of the Stoke-on-Trent community that John Owen’s sentence is shockingly lenient, considering what he did. The law clearly works in favour of the killer, not the victim—that is the message that I am hearing in the streets of Stoke-on-Trent North, Kidsgrove and Talke. As I said, John Owen is likely to spend only two and a half years in prison. That is simply nowhere near enough time behind bars, considering the consequences of his selfishness.

For all the nuanced, sophisticated legal arguments that the Solicitor General is forced to put forward, it is impossible to ignore the real consequences of what John Owen did on that day in June last year. After consuming far too much alcohol to drive, along with cocaine, he recklessly and selfishly decided that the law did not apply to him and got in his car. By taking that demonstrably thoughtless decision, he killed an innocent six-year-old girl. In my mind, that is one of the worst crimes imaginable.

Over the past year, Claire’s courage in the face of unimaginable adversity has been humbling. She will not stop until the man who killed her daughter is punished properly for the abhorrent crime that he committed. I will join her in that fight, on every step of the way.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Solicitor General. I will have to interrupt him in about one minute to move the Adjournment again.