PARLIAMENTARY DEBATE
Unduly Lenient Sentence Scheme - 12 September 2024 (Commons/Commons Chamber)

It is a privilege to be appointed as His Majesty’s Solicitor General. My fellow Law Officers and I will be working to restore public faith in government and the rule of law, and to support the Home Secretary and the Lord Chancellor in delivering our safer streets mission.

Sentencing policy is quintessentially a matter for the Ministry of Justice; sentencing is a matter for our judges. Offenders already have the right to appeal to the Court of Appeal against their sentences, including when they consider them to be unduly excessive.

Since 4 July, more than 40 people have been jailed in the UK for peaceful acts of conscience: some for protesting climate breakdown, some for taking measures to stop violations of international humanitarian law in Gaza. The UN special rapporteur, Michel Forst, has made public statements to the effect that these sentences violate international law and are not acceptable in a democracy. With our prisons in crisis and radical measures necessary, as we have seen with the release of prisoners this week, will the Attorney General issue guidance to judges to ensure that sentencing for peaceful protest is realigned with common sense, democratic principles and international law?

Decisions to prosecute, convict and sentence are rightly made independently of Government by the Crown Prosecution Service, juries and judges respectively. As I have already said, if someone wants to appeal an unduly excessive sentence, they can do so and our courts are there to handle that matter.

I welcome the new Chair of the Justice Committee.

Thank you, Mr Speaker.

The Government have pledged to undertake a review of sentencing generally. I wonder whether I can tempt the Solicitor General to support a wider review of aspects of the criminal justice system that do not seem to be working, in particular the role of the Criminal Cases Review Commission and the CPS in dealing with potential miscarriages of justice. This week, Oliver Campbell’s conviction for murder was quashed by the Court of Appeal as unsafe. The Criminal Cases Review Commission was asked to look at the case in 2005. The CPS resisted the appeal and asked for a retrial after 33 years.

First, I welcome my hon. Friend and congratulate him on his election as Chair of the Justice Committee. He is right that we will be undertaking a review of sentencing. On miscarriages of justice, we will want to work with him to look into that further. I am happy to meet him to discuss such matters.

I call the shadow Attorney General.

May I first warmly welcome the Solicitor General to her place, and the Attorney General to his place in the other place, in what the Solicitor General will already know is one of the most interesting and challenging parts of government? While I am at it, I should of course also welcome the hon. Member for Hammersmith and Chiswick (Andy Slaughter) as the new Chair of the Justice Committee. May I also take the opportunity to congratulate my hon. Friend the Member for South Leicestershire (Alberto Costa), the shadow Solicitor General, on the responsibilities he will shortly take up on behalf of the whole House, which he will do brilliantly after an all-too-short career on the Opposition Front Bench?

I do not know for how long the Solicitor General and I will have these exchanges over the Dispatch Boxes, but I am glad to be able to start on a note of consensus. I agree with her that it would not be appropriate to extend the unduly lenient sentence scheme to cover unduly severe sentences, for which, as she says, appeal is already available, but she will agree that the scheme is always capable of improvement. It is currently wholly reactive, responding to requests from others for sentences to be reviewed. May I ask the Solicitor General to consider the merits of her Department, and indeed the Ministry of Justice—I see that the Minister of State, Ministry of Justice, the hon. Member for Swindon South (Heidi Alexander), is sitting beside her—monitoring sentencing more proactively, in particular for newly created offences, so that we can all have confidence that, particularly in relation to those offences, sentences are being passed within anticipated ranges?

I thank the right hon. and learned Member for his question, and also for his warm welcome. He is enormously experienced in these matters, as both a former Attorney General and a former Justice Minister. As he rightly notes, newly created offences, such as those created by the Online Safety Act 2023, do not currently fall within the scope of the unduly lenient sentencing scheme, and I understand that there are no immediate plans to extend the scheme further, but—again, as he rightly notes—we always look for opportunities to reform, and, along with my Department, I will keep that under review.