Unduly lenient sentences

What are 'unduly lenient' sentences?

An unduly lenient sentence is one where the sentence is not strong enough for the seriousness and circumstances of the crime that has been committed. Sentences must be unduly lenient, not just lenient.

When someone has been found guilty of a crime in a court of law, the judge decides what sentence they should serve. In some cases, the Crown Prosecution Service (CPS), or another interested party, may think that the sentence is not severe enough and can contact the Attorney General to request him to consider if the case should be referred to the Court of Appeal.

It is then for the Court of Appeal to decide whether the sentence is 'unduly lenient'.

Referral to the Court of Appeal is possible only for some types of offence, and must be carried out by the Attorney General within 28 days of the day after sentencing. This 28 day time limit is fixed and cannot be extended.

Which sentences can be referred to the Court of Appeal as 'unduly lenient'?

Referral as unduly lenient is only possible for sentences for 'indictable only offences', and a limited number of 'either way offences'.

'Indictable only offences' are criminal offences that can only be tried by the Crown Court. Some examples are:

• murder
• rape
• robbery

'Either way offences' are offences where the accused may choose to be dealt with by magistrates or by committal to the Crown Court for trial by jury. Either way offences that can be referred as unduly lenient include:

• a number of sexual offences, especially those involving children
• child cruelty
• threats to kill
• certain serious frauds
• certain drugs offences
• racially or religiously aggravated offences
• attempting or inciting any of the above.

The full list is set out in The Criminal Justice Act 1988 (Review of Sentencing) Order 2006

Who can complain that a sentence is unduly lenient?

Victims, their families, and members of the public may complain to their local CPS Area office, which may refer the sentence to the Attorney General if they consider the sentence to be unduly lenient.

Victims, their families, and members of the public may complain to their local CPS Area office, which may refer the sentence to the Attorney General if they consider the sentence to be unduly lenient.

The CPS may also complain directly to the Attorney General, and the Attorney General may independently refer a case to the Court of Appeal.

Because of the fixed 28 day time limit, these complaints should be made as soon as possible after sentencing.

How quickly must a sentence be referred to the Court of Appeal?

For the Court of Appeal to review a sentence, the case must be referred to it by the Attorney General within 28 days of the day after sentencing. This period cannot be extended.

Who decides if a sentence is unduly lenient?

The Court of Appeal. The Attorney General, with the permission of the Court of Appeal, has powers under sections 35 and 36 of the Criminal Justice Act 1988, to refer a sentence to the Court of Appeal for review. The Court of Appeal will then hold a hearing to review the sentence and decide.

What happens if the sentence is found to be unduly lenient?

On review, the Court of Appeal may dismiss the sentence and replace it with one it considers more appropriate. However, the new sentence must not exceed the maximum allowable by statute for the offence concerned. In other words, the Court of Appeal could not pass a sentence of fifteen years imprisonment if the law says that the maximum sentence that someone can receive is ten years.

Examples

At the Old Bailey, a defendant was convicted of causing death by dangerous driving and ordered to do community service. The CPS referred the case to the Attorney General, who referred it to the Court of Appeal. The sentence was increased to a prison sentence of three and a half years.

A defendant at the Crown Court in Newcastle was found guilty of two serious sexual assaults and was sentenced to five years. The CPS referred the case to the Attorney General, who referred it to the Court of Appeal. The sentence was increased to eight years imprisonment.