Law and Rights
The Attorney-General requires leave from the Court of Appeal to refer a case - (Criminal Justice Act 1988 s36). A further point to note is that a sentence must not be merely lenient - it must be "unduly lenient." There are many decided cases on this though each case depends very much on its own facts. As an example see Attorney-General's Reference 50/2009 - [2009] EWCA Crim 1729.
- R V Stuart Hall ~ Sentencing
Update 16th December 2015 - Stuart Hall has been released from prison. He has served half his 30 month sentence and will be on licence for the remainder - BBC 16th December 2015. Update 11th July 2013 - the Attorney-General has referred...
- Just Wondering ... Sentencing Of Justin Lee Collins
The Guardian asked - "Why did Justin Lee Collins get such a lenient sentence?" Justin Lee Collins - a comedian and TV presenter - was sentenced to 140 hours unpaid work in respect of an offence involving harassment of Anna Larke with...
- Unduly Lenient Sentences: A Useful Power; Well Used
Rt. Hon Dominic Grieve QC MPThe Criminal Justice Act 1988 s.36 - (1) If it appears to the Attorney General - (a) that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and (b) that the case is one to which this Part...
- Sentencing Council Issues New Guidelines For Assault Offences
English law has a range of "assault offences" which, in a general ascending order of seriousness are: common assault and battery - (common law offences but Criminal Justice Act 1988 s.39 applies) assault occasioning actual bodily harm -...
- Undue Lenience And A Seriously Cruel Act
One of the safety valves of the criminal process is that the Attorney-General may refer (under the Criminal Justice Act 1988 s36) sentences to the Court of Appeal if she considers them to be unduly lenient. It is a most useful provision. The...
Law and Rights
Another case of leniency for a violent offence?
?What justice? ? asks the Daily Mail (30th October) in response to the sentence imposed on Reece Kent (aged 19) who, it is said, repeatedly punched a terminally ill man (Mr Oliver). The Independent (30th October) also reports this case.
It is reported that Kent had pleaded guilty to grievous bodily harm and received a 6 month suspended sentence order of imprisonment (suspended for 12 months) combined with a requirement to complete 150 hours unpaid work. He was also ordered to pay compensation of £1000. The judge is reported to have said that he decided by the ?slightest margin? not to jail him.
Even allowing for the fact that Kent had pleaded guilty and was therefore entitled to a discount on his sentence, this appears to be another very lenient outcome which only serves to make people think that the law does not and will not protect them.
In certain cases it is possible for the Attorney-General to refer a case to the Court of Appeal as ?unduly lenient? ? Criminal Justice Act 1988 Part IV. This applies to a rather limited range of cases. It includes any offence triable only on indictment (i.e. triable only by the Crown Court). If the offence is ?either-way? (and many are) then a referral can only be made in a limited range of cases set out in an Order .
The newspaper reports do not inform us of the precise grievous bodily harm offence with which Kent was charged. There is ?infliction of grievous bodily harm? under s.20 of the Offences against the Person Act 1861. There is also ?wounding or inflicting grievous bodily harm with intent? under s.18 of the 1861 Act. The latter is triable only upon indictment. The former is an ?either way? offence. It appears that the s.20 offence is not in the list of those which can be referred. There seems to be a good case for an urgent review of the list relating to either-way offences.
The Attorney-General requires leave from the Court of Appeal to refer a case - (Criminal Justice Act 1988 s36). A further point to note is that a sentence must not be merely lenient - it must be "unduly lenient." There are many decided cases on this though each case depends very much on its own facts. As an example see Attorney-General's Reference 50/2009 - [2009] EWCA Crim 1729.
Also, yet again, we see a case which seems to bear out the need for the publication of sentencing reasons so that the public might have an opportunity to understand what lies behind such a sentence. As things stand, it is becoming difficult for people to see just what is necessary before violent criminals see the inside of a prison cell.
See CPS ? Unduly lenient sentences
- R V Stuart Hall ~ Sentencing
Update 16th December 2015 - Stuart Hall has been released from prison. He has served half his 30 month sentence and will be on licence for the remainder - BBC 16th December 2015. Update 11th July 2013 - the Attorney-General has referred...
- Just Wondering ... Sentencing Of Justin Lee Collins
The Guardian asked - "Why did Justin Lee Collins get such a lenient sentence?" Justin Lee Collins - a comedian and TV presenter - was sentenced to 140 hours unpaid work in respect of an offence involving harassment of Anna Larke with...
- Unduly Lenient Sentences: A Useful Power; Well Used
Rt. Hon Dominic Grieve QC MPThe Criminal Justice Act 1988 s.36 - (1) If it appears to the Attorney General - (a) that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and (b) that the case is one to which this Part...
- Sentencing Council Issues New Guidelines For Assault Offences
English law has a range of "assault offences" which, in a general ascending order of seriousness are: common assault and battery - (common law offences but Criminal Justice Act 1988 s.39 applies) assault occasioning actual bodily harm -...
- Undue Lenience And A Seriously Cruel Act
One of the safety valves of the criminal process is that the Attorney-General may refer (under the Criminal Justice Act 1988 s36) sentences to the Court of Appeal if she considers them to be unduly lenient. It is a most useful provision. The...