My Lords, I will speak to Amendments 113 and 114. Amendment 113 seeks to impose a duty to inform victims and families of the right to refer an unduly lenient sentence. Amendment 114 seeks to extend the time, in exceptional circumstances, for such a reference. I begin by declaring my interest as a member of the Justice and Home Affairs Committee.
Currently, the position is that victims have a strict 28-day time limit from the day of passing sentence to make an application under the scheme. The right is simply to have the case considered by the law officers within the Attorney-General’s Office. It is that office which decides whether to take it to the Court of Appeal as an unduly lenient sentence.
The victim, or family, if they are to make use of this, must know in good time of: first, the right to refer; secondly, the time limit for doing so; thirdly, the date when the sentence will be passed, which they have to know in advance; and, fourthly, the sentence itself, if the victim was not present, for whatever reason. At this point, I refer to the noble Baroness, Lady Chakrabarti, who signed this amendment, and who had hoped to be here but has had to leave. As she said very succinctly to me, there is no point in having an unduly lenient sentence regime if victims do not know about it. That is where we are.
Importantly in this context, the 28-day limit is not open to extension, even in special or exceptional circumstances. That is the point of my second amendment. I am informed by Claire Waxman, the Victims’ Commissioner for London, that victims do not always attend sentencing, and often do not receive communication of the fact that they can refer a matter as an unduly lenient sentence or that they have to do so promptly. Of course, offenders can appeal their sentence outside the 28-day time limit, which is on paper there, if they show good cause. There is a statutory exception for them.
However, the revised victims’ code now includes an obligation for witness care units to highlight the scheme to victims, at the same time as informing them of the sentence in their case. That might be a good thing, but it does not go far enough, because witness care units engage only with victims who are witnesses in the court case. This will not apply to a proportion of victims, including bereaved family members. There is no organisation which currently has the responsibility for informing those victims.
In the debate on earlier amendments about training and so on, when I addressed this Committee the other day, I showed that many victims are unaware of the code, unaware of its contents and not kept abreast of their rights. Someone has got to grip this point as well, and make victims aware of their right to refer to the Attorney-General their dissatisfaction with a sentence. They especially have to be informed of the 28-day time limit. They have to know when sentence will be passed and, if not present, what was said.
Let me give a rather stark example of an unfairness that has happened. Alex Belfield received a five and a half-year prison sentence for a campaign of stalking various employees of the BBC. Claire Waxman personally referred that sentence to the Attorney-General’s Office. She considered it to be unduly lenient. A response was
received several weeks later that explained that the case had been referred back to the CPS, which had requested the matter to be relisted in the Crown Court under the slip rule. The judge had looked at it again; he agreed that he had erred in his approach to sentencing, but he declined to change it; so that sentence stood. The CPS explained that the time limit for referral to the Court of Appeal had, however, now passed. So the Attorney-General’s Office could not refer this case under the ULS scheme, despite the initial reference having been made in time. It had been made in time to the CPS, but it had not referred it on because the CPS had taken the slip rule route. A possibly—and I do not say it was—lenient sentence, therefore, which might have been referred, stood.
The witness care unit, as I said, does not address non-witnesses. Others also might have reasons for being late. The information for victims given on the CPS website does make reference to the unduly lenient sentence scheme, but it is in there among a lot of other information. It still requires a victim to be proactive, to know that there might be something worth looking for, to think about it, and then to know where to look. That is not really a very satisfactory state of affairs. Something must be done. Making reference to a scheme in materials is very different to actually informing a victim. The witness care unit does not reach all victims, as I have explained. More must be done.
As for the power to extend time, it should be only in exceptional circumstances. I do not ask for anything different, so it is not going to create an open-ended time limit for appeal. The Attorney-General’s Office is the office that decides whether to take it to the Court of Appeal, so it acts as a filter. It will filter out at once all silly and unreasonable applications. If the amendment is granted, the discretion to consider reasons for lateness—whether they are exceptional and so on—remains with the Attorney-General. The Attorney-General is not going to start wading through large numbers of late references. The statutory guidance produced alongside such legislation could provide guidance on what circumstances might be treated as exceptional. Properly managed, therefore, there will not be unfair uncertainty for convicted prisoners who think they got a sentence of a particular length and suddenly are caught by surprise five years later.
Currently, offenders have 28 days to appeal their own sentence, but they have a right to apply to extend that time limit, which in the right circumstances may be granted, in order to appeal. This amendment, therefore, seeks to give some level of parity between the rights of the victim and the rights of the convicted defendant. I commend these amendments; information of rights is essential and power to extend time is only fair. There should be a measure of parity between victims and convicted defendants. I beg to move.