This week I am presenting my Ten Minute Rule Bill to the House. It is entitled “Unduly Lenient Sentences (Right of Appeal) Bill”. It seeks to tackle one of the most unjust aspects of the entire Criminal Justice System. The purpose of the Bill is to redress the inequality of the defence being able to appeal against any sentence and yet, in the vast majority of cases, the prosecution are prevented from appealing.
Currently the prosecution is unable to appeal any sentence imposed by the courts except for a small number of the most serious offences. It cannot appeal against any sentence imposed at the Magistrates Court or Youth Court, nor can it appeal against most sentences imposed at the Crown Court. The defence, however, can appeal against any sentence imposed at the Magistrates and Youth Court automatically and through ‘Leave of a Judge’ against any sentence imposed at the Crown Court.
This system should exist to protect victims and their families and yet, if a sentence given to a defendant in a Magistrates Court or Youth Court is felt to be too lenient by the victim or the prosecutor there is absolutely nothing that can be done. Similarly for most cases dealt with at the Crown Court.