4. What representations he has received on his recent report on unduly lenient sentences; and if he will make a statement. (19334)

5. What representations he has received on his recent report on unduly lenient sentences; and if he will make a statement. (19335)

In July this year, my right hon. and learned Friend the Attorney-General and I released information on unduly lenient sentences in cases for 2009, the latest year for which figures are available. The figures show that of 311 sentences considered by the Law Officers, 108 were referred and heard by the Court of Appeal, of which 71 sentences were increased by the Court. The decision whether to refer cases often generates a good deal of media or public interest, but no representations were received by the Attorney-General’s office as a direct consequence of the publication of that information.

Does my hon. and learned Friend agree that nothing undermines victims of crime more than unduly lenient sentences? Unfortunately, not all unduly lenient sentences can be appealed against. Will he therefore consider increasing the number of offences where such sentences can be appealed against?

As my hon. Friend realises, the statutory scheme comes under the Criminal Justice Act 1988, which provides us with the rubric that we must follow. We are limited by that statute, but if he thinks that particular crimes or sentences need to be looked at so that that law can be adjusted, I advise him to write to the Ministry of Justice.

The unduly lenient sentences scheme covers some but not all offences. In helping me to explain the situation to my constituents in High Peak, will my hon. and learned Friend explain why the scheme is limited to certain offences?

The short answer is because that is what the statute says. It is confusing that there is a limitation on sentences that we can ask the Court of Appeal to consider. Cases that are triable on indictment only and cases that are triable either way are listed in the Statutory Instrument that followed the main statute. I am happy to have a discussion later with my hon. Friend to see whether we can help his constituents understand that rather complicated area of law.

The details that emerged during the recent trial of Bolton, Griffin and Marshall in Manchester were truly appalling, but their case could not be referred to the Court of Appeal because they were convicted only of lesser offences. May I encourage the Solicitor-General and the Attorney-General to consider carefully the merits of extending the list of eligible offences to include a wider range of violent offences?

My right hon. and learned Friend and I are always happy to consider suggestions of that nature, but the legislation would have to be amended by the Secretary of State for Justice and his team. Another point to bear in mind is that members of the public often contact us outside the 28-day limit and we cannot consider sentences, even if they are, in theory, reparable, if they are brought to our attention after 28 days.

Is the Solicitor-General concerned about the plans of the Ministry of Justice to reduce prison numbers and does he think it will result in more claims regarding unduly lenient sentences being presented to his Department?

Not necessarily.