Commons Sense

House of Commons · Ministers' Questions

Unduly Lenient Sentencing Scheme

Wednesday 7 December 2022 · 3 questions

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

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 3 Not answered 0

Key points

  • The Court of Appeal grants permission to refer a sentence under the unduly lenient sentencing scheme only in exceptional circumstances.
  • Of the 151 cases referred, only eight were initiated by victims and nine by family members of victims.
  • The Solicitor General acknowledges that sentencing judges generally get it right, but Parliament should set clear guidelines for certain crimes.

Topics (select to filter)

Questions & Answers

Q1 Kevin Foster Con
Justice & Courts
Context

The effectiveness of the unduly lenient sentencing scheme is being questioned.

Question

What assessment she has made of the effectiveness of the unduly lenient sentencing scheme?

Answer from Michael Tomlinson

In the vast majority of cases, judges get sentencing right. The Court of Appeal grants permission to refer a sentence only in exceptional circumstances, and over the last five years the Court of Appeal has increased the sentence in around 70% of cases.

Partly answered

Not addressed: Specific assessment requested but provided general observation instead

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Q2 Kevin Foster Con
Justice & Courts
Context

Recent statistics show that only a few cases under the unduly lenient sentencing scheme were referred by victims.

Question

How many of those referrals under the scheme followed representations from the victim of a crime to the Attorney General's Office about the sentence given, and what is being done to ensure that victims are aware of their ability to do that?

Answer from Michael Tomlinson

Of those 151 cases, only eight were referred by victims and a further nine by a member of a victim's family. We regularly publish updates on the outcome of these sentences, and the revised victims code includes details of the ULS scheme.

Partly answered

Not addressed: Specific statistics requested but provided general information instead

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Q3 Gavin Robinson DUP Belfast East
Crime & Law Enforcement Justice & Courts
Context

Discussion on mandatory minimum sentences often sparks debate around judicial discretion.

Question

Would the Solicitor General recognise that whenever people in this country try to have a debate around mandatory minimum sentences there is an automatic superficial reaction that talks about the need for judicial discretion, yet there are crimes for which we as a Parliament should be clear as to the appropriate sentence that people ought to expect?

Answer from Michael Tomlinson

It is right to acknowledge that in the vast majority of cases the sentencing judges get it right, but when Parliament sets down the guidelines and the ambits, they should be followed closely.

Partly answered

Not addressed: Recognition requested but provided general principle instead

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