New statistics for 2019 show 63 offenders had their sentences increased after the Law Officers thought their original sentences were too low

The Solicitor General, Rt Hon Michael Ellis QC MP
The Solicitor General, Rt Hon Michael Ellis QC MP

New statistics for 2019 2019 ULS statistics (MS Excel Spreadsheet, 21.3KB) show 63 offenders had their sentences increased after the Attorney General and Solicitor General (the Law Officers) considered that their original sentences were too low.

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Under the Unduly Lenient Sentence (ULS) scheme, victims of crime, members of the public, and prosecutors can ask for certain Crown Court sentences to be reviewed if they believe they are too low. Only one referral is required in order for it to be considered by the Attorney General’s Office.

The Law Officers carefully consider each case personally, and if they think the sentence is too low, they will ask the Court of Appeal to review the sentence. They can only ask the Court of Appeal to review a sentence with a view to increasing it if that sentence is not just lenient but unduly so, such that the sentencing judge made a gross error or imposed a sentence outside the range of sentences available.

The 2019 Unduly Lenient Sentence Scheme statistics published by the Attorney General’s Office revealed that in the vast majority of cases, judges get it right. There has also been a fall in the number of applications for sentences to be reviewed.

The Law Officers received 577 applications for sentences to be reviewed which met the necessary criteria to be considered under the Scheme. Of these, 93 were referred to the Court of Appeal. The Court of Appeal agreed that 64 sentences were too low, and as a result, 63 offenders had their sentences increased. 16 people were imprisoned after avoiding prison time at their original sentencing.

Of the 93 offenders who were referred to the Court of Appeal, these related to crimes in the following categories:

The Solicitor General, Rt Hon Michael Ellis QC MP, said:

The Law Officers have 28 days from the date of sentencing to refer a case to the Court of Appeal, so it’s important for them to receive a referral as early as possible in order to properly consider a case.

The ULS scheme came into force on 1st February 1989. It was introduced after public outcry over the lenient sentencing of the offenders involved in the 1986 rape of 21-year-old Jill Saward. The victim was brutally raped by a gang of robbers at her father’s vicarage.

The scheme was extended in 2017 to include an additional 19 terror-related offences, and again last year to cover sexual abuse of children or vulnerable adult offences, and stalking and harassment involving violence.

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