In a significant move to strengthen the UK's criminal justice system, the Sentencing Council has been granted new powers to challenge sentences it deems excessively lenient. This development, confirmed by Justice Secretary Alex Chalk, represents a major expansion of the Council's role beyond its traditional advisory capacity.
The reform empowers the 14-member Council, comprised of senior judges and criminal justice experts, to proactively refer cases to the Court of Appeal for review. Previously, this power was largely restricted to the Attorney General's office, which could only act on complaints from the public or other parties.
Closing the 'Leniency Gap'
Justice Secretary Alex Chalk emphasised that this change addresses a critical gap in the justice system. "For too long, there has been an asymmetry where sentences can be appealed for being too harsh, but challenges for being too lenient were more limited," he stated. The new powers aim to create a more balanced and robust sentencing framework.
How the New System Will Work
The process will operate as follows:
- The Sentencing Council will monitor sentences passed in Crown Courts across England and Wales
- Upon identifying a potentially unduly lenient sentence, the Council will conduct a formal assessment
- Cases meeting the criteria will be referred directly to the Court of Appeal
- The Court will then review the sentence and has the power to increase it if deemed appropriate
Expert-Led Oversight
This change places sentencing review in the hands of legal experts rather than relying solely on political or public pressure. The Council's judicial membership and expertise in sentencing guidelines position it to make informed, impartial assessments of sentence appropriateness.
The reform has been welcomed by victim support groups and legal experts who see it as a crucial step toward ensuring consistency and appropriateness in sentencing across all courts. It particularly aims to address concerns about sentencing for serious violent and sexual offences where unduly lenient sentences can undermine public confidence in the justice system.
This development represents one of the most significant changes to sentencing review processes in recent years and is expected to come into effect following the necessary legislative procedures.
