Marcus Jones, Nuneaton’s MP, has supported a 10 minute rule Bill that would allow prosecutors increased powers to challenge court rulings that they feel are too lenient.
The Unduly Lenient Sentences (Right of Appeal) Bill (introduced by Gareth Johnson, MP for Dartford) would balance the scales and ensure that sentencing can be challenged for both victims and offenders.
Under current UK criminal procedure, defence teams can appeal any sentence that they feel has been too tough. This ability is automatic against sentences given at the Magistrates Court or Youth Court or through leave of a Judge against Crown Court sentences. Conversely the prosecution cannot appeal at all against unduly lenient sentences where they are imposed in the Magistrates Court or Youth Court and only for a handful of offences when sentencing takes place in the Crown Court. For example, a person sentenced in the Crown Court for a handful of sexual offences, some serious assault and public order matters, burglary or dangerous driving cannot currently be subject to a prosecution appeal, even where a prosecutor believes that the sentence was too lenient.
Currently it is only the most serious of cases that can be appealed by the prosecution. This includes rape, murder, and serious robbery. In some cases the sentence can be substantially changed on appeal, further supporting the argument that this right should be available to the prosecution in far more cases.
This leaves us with a current appeals procedure that inherently favours the rights of the offender over the rights of the victim. It also allows the Courts to be as lenient as they like without redress, yet subject to appeal if they are robust.
Marcus, who has co-sponsored the Bill, said: “It must be right that the prosecution can appeal sentences that are unduly lenient. I want to see a Criminal Justice System where victims of crime are protected and this is why I have supported this Bill. “
Speaking about his Bill in the House of Commons, Mr. Johnson said: “It is simply wrong for the defence to be able to appeal a sentence if it is too harsh but not for the prosecution if it is too lenient.
The Bill will now proceed to a second reading stage.