Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of a review of sentences for people serving a custodial sentence for posting offensive remarks on social media.

Sentencing in individual cases is a matter for our independent courts. There are a range of communication related offences, both summary-only and triable either way, across different pieces of legislation with varying maximum penalties. For example, section 127 of the Communications Act 2003 which criminalises the sending of a communication that is either grossly offensive, or of an indecent, obscene or menacing character. This offence carries a maximum 6 months’ imprisonment and/or unlimited fine.

The Government has launched an Independent Review of Sentencing chaired by former Lord Chancellor, David Gauke. The Review will examine options following three core principles: sentences must punish offenders and protect the public; sentences should encourage prisoners to turn their backs on a life of crime and we must expand and make greater use of punishment outside of prison.