Victims, members of the public and the Crown Prosecution Service (CPS) can ask for certain Crown Court sentences to be reviewed by the Law Officers if they think they’re too low. The Law Officers must then consider the case and, if they think the sentence is too low, ask the Court of Appeal to review it. To be increased, a sentence must be unduly lenient such that the judge made a gross error or imposed a sentence outside the range available.
Of 552 applications received in 2020, 97 were referred to the Court of Appeal. Five of the 61 who had their sentences increased were sent to prison.
Michael Ellis QC, the Attorney General, said: ‘In the vast majority of cases judges get it right, but the scheme remains an important tool to ensure that cases can be reviewed where there may have been a gross error in the sentencing decision.
‘It’s not just about increasing sentences, the scheme also provides an important avenue for my office to ask the Court of Appeal for guidance, to help shape the sentencing framework and ensure more consistent sentencing for complex cases.’
