Commons Sense

House of Commons · Ministers' Questions

Unduly Lenient Sentence Scheme

Thursday 24 March 2022 · 4 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 2 Partly answered 2 Not answered 0

Key points

  • Since the beginning of 2021, sentences have been increased in more than 100 cases due to referrals by the Solicitor General and the Attorney General.
  • The unduly lenient sentence scheme is reserved for specific offences with particularly high offender culpability.
  • The Law Officers have reviewed Debbie Leitch's case and referred it to the Court of Appeal for a decision on whether to increase the sentence.

Topics (select to filter)

Questions & Answers

Q1 Scott Benton
Justice & Courts
Context

The question arises from an ongoing assessment of the effectiveness of the unduly lenient sentence scheme in ensuring that sentences for serious crimes are not too lenient.

Question

What assessment she has made of the effectiveness of the unduly lenient sentence scheme. Since the beginning of 2021, thanks to referrals by the Solicitor General and myself, sentences have been increased in more than 100 cases.

Answer from Suella Braverman

Since the beginning of 2021, thanks to referrals made by the Solicitor General and myself, sentences have been increased in more than 100 cases. Recently, I personally argued the case of Stephen Gibbs in the Court of Appeal sitting in Cardiff; his sentence for attempted murder was increased from 13 years to 20 years and seven months.

Answered
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Q2 Selaine Saxby
Justice & Courts
Context

The question addresses the current limitations of the unduly lenient sentence scheme which only covers specific offences and not others such as causing death by careless driving.

Question

Under the unduly lenient sentence scheme, it is currently possible to submit a request to increase a sentence for causing death by dangerous driving. What are my right hon. and learned Friend doing to protect victims of crime who are not covered by the scheme?

Answer from Suella Braverman

I acknowledge that the unduly lenient sentence scheme is reserved for specific offences where the offender's culpability is particularly high. The Police, Crime, Sentencing and Courts Bill will allow us to take extensive action on road traffic offences, including increasing the maximum penalty for causing death by careless driving while under the influence of drink or drugs to life imprisonment.

Partly answered

Not addressed: The answer did not address plans to extend the coverage of the scheme but mentioned future legislation.

How: Under Consideration

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Q3 Scott Benton
Justice & Courts
Context

The question pertains to a specific case of Debbie Leitch, where the Attorney General is asked to meet and discuss whether the sentence was unduly lenient.

Question

The Attorney General will be aware of the case of my constituent Debbie Leitch, who died at the hands of her mother Elaine Clarke. Will my right hon. and learned Friend meet me and Sally-Ann Hart (Hastings and Rye) to discuss the case with a view to considering whether the sentence is unduly lenient?

Answer from Suella Braverman

My hon. Friend has brought the case to the attention of the Law Officers; the Solicitor General reviewed the sentence with care and referred it to the Court of Appeal for a decision on whether to increase the sentence.

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Q4 Jim Shannon DUP Strangford
Justice & Courts
Context

The question addresses the need for judicial freedom to impose greater sentences without requiring a victim or family to re-present the case.

Question

Does the Attorney General agree that steps need to be taken to give the judiciary the freedom to apply greater sentences without having to present the case again?

Answer from Suella Braverman

The unduly lenient sentence scheme provides Law Officers with an important power; generally, the judiciary makes correct sentencing decisions. In cases of error identified by the Law Officers after careful consideration, referrals to senior judges for review occur.

Partly answered

Not addressed: Did not provide agreement on giving judicial freedom but acknowledged current process and its role in ensuring justice is served.

How: Under Review

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