Victims of crime and their families will have longer to challenge sentences they feel are lenient as part of the government’s reforms of the unduly lenient sentence scheme.
A legal duty will also be introduced in the Victims’ Code to notify ‘survivors’ of the existence of the scheme.
Since 1989, the unduly lenient sentence scheme has allowed victims of crime, the Crown Prosecution Service and members of the public to ask for a Crown court sentence to be reviewed if they believe it is too lenient. The sentences are referred to the attorney general and solicitor general who can then request that the Court of Appeal reviews the sentence.
The government today announced that victims and bereaved families who want to ask for a Crown court sentence to be reconsidered will have up to six months to do so, up from the current limit of 28 days. Other members of the public will still have 28 days to refer a case under the scheme.
The changes will be tabled as amendments to the Victims and Courts Bill, which will also extend the limit the attorney and solicitor general have to review a sentence, allowing an additional 14 days. The bill is currently in its final stages before it is given Royal Assent.
For a sentence to be considered as unduly lenient, it must fall outside the range of sentences reasonably available to the judge.
Justice secretary David Lammy said: ‘When someone’s been through the ordeal of seeking justice and watched the person who hurt them or their loved one be sentenced, the last thing they should be worrying about is a ticking clock. People need time to breathe, to talk to their families, to get advice. This change means they’ll have more time to do this and most importantly, get the justice they deserve.’
Read more
Solicitor general Ellie Reeves KC said: ‘By giving victims and bereaved family members up to six months to challenge sentences when it is in the interests of justice, we are providing people the time and space they need to come forward.
‘If a sentence doesn’t fit the crime, there will be a proper opportunity to challenge it. This government is committed to a justice system that improves public confidence and puts victims first.’
The Attorney General's Office will publish guidelines on what ‘in the interests of justice’ means.
Claire Waxman, victims’ commissioner, said the changes ‘represent a significant and long overdue reform’. She added: ‘I am delighted that, after years of campaigning led by Tracey Hanson following the tragic death of her son Josh, and supported by bereaved families, the government has finally listened.
‘I hope this marks an important step towards greater parity between victims and offenders, particularly in securing fair and reasonable timeframes to receive information and request appeals.'
2 Readers' comments