Commons Sense

House of Commons · Westminster Hall

Unduly Lenient Sentence Scheme — [Mr Peter Dowd in the Chair]

25 May 2021 · 5 other contributors · 9,131 words

Opened by Gareth Johnson Con Dartford

Responding minister: Alex Chalk

Justice & Courts

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

Read the full transcript on Parliament.uk

At a glance

Gareth Johnson raised concerns about unduly lenient sentence scheme — [mr peter dowd in the chair] in Westminster Hall. A government minister responded.

Key points

  • Concerns raised about the unduly lenient sentencing scheme, particularly in cases where section 20 Offences against the Person Act 1861 are involved, due to limitations on appeal rights.
  • I urge the Government to extend the scope of the unduly lenient sentencing scheme to cover more offences, especially those under section 20.
  • A review of the strict 28-day time limit on applications to the unduly lenient sentencing scheme was requested, to allow for judicial discretion in exceptional cases.

Key requests to Government

I urge the Government to extend the scope of unduly lenient sentencing to cover more offences currently excluded from it, especially those under section 20. Additionally, I ask for a review of the strict 28-day time limit on applications, allowing judges discretion to waive this limit in exceptional circumstances.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Gareth Johnson Con Dartford

I am concerned about the limitations of the unduly lenient sentencing scheme, particularly in cases involving Gemma Robinson who was severely assaulted by her partner Joseph Falconer. Despite the severity of the attack and a guilty plea to section 20 Offences against the Person Act 1861 for malicious wounding, Falconer received just three and a half years imprisonment. The family felt this sentence was insufficient but were unable to appeal as malicious wounding under section 20 is not covered by the scheme. Around one third of applications are not covered by the scheme, specifically for offences such as malicious wounding (section 20) and assault occasioning actual bodily harm.

Other contributors (5)
  • Ellie Reeves Lab Lewisham West and East Dulwich

    The unduly lenient sentence scheme is important but has limitations, particularly regarding domestic violence cases. Ellie raised concerns about strict 28-day time limit for applications and lack of information provided to victims' families.

  • Jim Shannon DUP Strangford

    The Member for Strangford addressed the issue of unduly lenient sentences, citing cases where victims and their families felt justice was not served. He highlighted statistics showing a significant increase in referrals to the Attorney General's office from 342 in 2010 to 837 in 2016, with the Court of Appeal increasing sentences in 73% of referred cases in 2016.

  • Jonathan Gullis Lab Stoke-on-Trent North

    Mr Jonathan Gullis spoke about the case of Kimberley Deakin, a victim of murder by Lewis Crofts in Stoke-on-Trent. He criticised the sentence given to Crofts as too lenient and demanded that life should mean life for such violent criminals.

  • Peter Dowd Lab Bootle

    Reminded hon. Members of the changes to normal practices in order to support new hybrid arrangements, including adjusted timings and suspensions between debates.

  • Stephanie Peacock Lab Barnsley South

    The unduly lenient sentence scheme is unknown to the majority of the British public despite its potential importance for victims and their families. Stephanie Peacock highlighted a case where a mother missed the deadline to challenge her son's killer's sentence by 2 hours, due to strict time constraints. She called for reforms including assigning responsibility to the Crown Prosecution Service for wider awareness of the scheme and introducing flexibility in the 28-day time limit. Does the Minister agree that there should be a minimum sentence for rape?

Government Response

Alex Chalk

Commended the debate on unduly lenient sentence scheme, noting its importance in ensuring justice for victims. Highlighted that the scheme applies to serious offences such as murder and rape, with extensions made to cover terror-related crimes. Emphasised the expansion of sentencing guidelines and introduction of the sentencing code to improve transparency. Noted significant increases in sentences for certain crimes like stalking and desecrating war memorials. Mentioned over £300 million invested this year for support services for victims including ISVAs and IDVAs, with a 40% increase in recruitment. Consultation on victims Bill is planned to enshrine key rights for victims.

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