Victims and bereaved families will have longer than ever to challenge sentences they don’t feel fit the crime they’ve suffered, in measures unveiled in the government’s reformed Unduly Lenient Sentence Scheme.
Victims and their bereaved families will have up to six months to ask for a sentence to be reconsidered, rather than being strictly limited to 28 days.
The Unduly Lenient Sentence Scheme allows any member of the public to refer a sentence to the attorney general and the solicitor general if they believe it is too lenient. They can then ask the Court of Appeal to review the sentence to help ensure it reflects the seriousness of the offence.
The government will also be introducing a legal duty in the Victims’ Code to notify survivors of the existence of the Unduly Lenient Sentence Scheme.
Deputy prime minister and justice secretary David Lammy said: “When someone’s been through the ordeal of seeking justice and watched the person who hurt them or their loved one be sentenced, the last thing they should be worrying about is a ticking clock.
“People need time to breathe, to talk to their families, to get advice. This change means they’ll have more time to do this – and most importantly, get the justice they deserve.”
The Victims and Courts Bill will also extend the time limit the attorney general and solicitor general have to review a sentence, allowing an additional 14 days if the case is submitted two weeks before the limit to ensure each case has sufficient time to be reviewed thoroughly and the most appropriate decision made.
The measure is the latest in the government’s Plan for Change to ensure fairer justice through the Victims and Courts Bill, by using victims’ voices as the driving force for change.
Minister for victims and tackling VAWG Alex Davies-Jones said: “When sentences aren’t right, people deserve the chance to say so and have their reasoning heard.
“I’ve heard from too many families who missed the deadline while they were still reeling from what happened in court – Tracey Hanson who lost her beloved son to murder wasn’t even told about the scheme until it was too late.
“Victims deserve to know that the Unduly Lenient Sentence Scheme exists, and they shouldn’t pay a price if they don’t. That will no longer be the case. We’re making sure the system works for victims, not against them.”
Solicitor general Ellie Reeves KC MP added: “Victims deserve to know that the justice system is on their side. By giving victims and bereaved family members up to six months to challenge sentences when it is in the interests of justice, we are providing people the time and space they need to come forward.
“These changes send a clear message: if a sentence doesn’t fit the crime, there will be a proper opportunity to challenge it. This government is committed to a justice system that improves public confidence and puts victims first.”
Campaigner Tracey Hanson’s 21-year-old son Josh was murdered in London in 2015, stabbed by a stranger in a bar. She was not informed of the right to challenge the 26-year sentence of her son’s killer, and when she eventually found out and submitted her application it was rejected as it was received out of office hours on the final day of the 28-day deadline.
Hanson said: “After seven years of campaigning through the Josh Hanson Trust, this is a significant and long-awaited victory for victims’ rights. Following our extensive advocacy, the Government has agreed to transformative amendments to the Unduly Lenient Sentence (ULS) scheme.
“These changes represent a hard-fought victory in ensuring that families are no longer left in the dark or rushed through a traumatising process during the most painful moments of their lives. These reforms are a testament to Josh’s memory and the passion and dedication of everyone who stood with the Josh Hanson Trust. We have moved forward, but the fight for full equality in the eyes of the law continues.”
Katie Brett’s 16-year-old sister Sasha Marsden was raped and murdered in Blackpool in 2013. Her killer, who stabbed Sasha 58 times after luring her to a hotel with the promise of a job, was given a 35-year jail term instead of a whole life order. Like Hanson, Brett was not informed of the right to challenge the sentence. “Like all victims, we only had 28 days to appeal the sentence and we were not told until it was too late,” she explained.
“It’s a relief that in Sasha’s memory, victims and their families will have six months to challenge an unduly lenient sentence and the new legal duty to be notified means every family will know their rights to be able to do so. No family should ever be left in the dark like we were, every victim deserves support. We’re grateful these steps are being taken to redress the balance that so often feels weighted against victims.”
