Henry Smith, MP for Crawley, has today supported a Bill that would allow prosecutors increased powers to challenge court rulings that they feel are too lenient.

The Unduly Lenient Sentences (Right of Appeal) Bill, introduced by Conservative MP for Dartford, Gareth Johnson, would balance the scales and ensure that sentencing can be challenged for both victims and offenders.

Pledging his support for the Bill, Henry commented:

“It must be right that the prosecution can appeal sentences that are unduly lenient. I want to see a Criminal Justice System where victims’ rights are at the forefront of the courts’ minds, not the criminals’ rights.

“I was incensed to recently learn that in October last year an East Grinstead resident had targeted a commercial airline approaching Gatwick Airport by shining a laser light into the flight-deck.  The same individual then also targeted a police helicopter.  Despite the severity of the situation, the individual was only fined £350 and ordered to pay £85 costs together with a victim surcharge of £35.

“More broadly, in my work as the town’s local MP, I support numerous victims of crime in their struggle for justice and for some time now have pressed the case in Parliament that our membership of the European Court of Human Rights (ECHR) all-too-often doesn’t deliver justice for victims.  I believe that withdrawing from the ECHR – and I note from the significant associated costs – and introducing a British Bill of Rights will provide a fairer balance between victim’s and criminals’ rights.”

Under current UK criminal procedure, defence teams can appeal any sentence that they feel has been too tough. This ability is automatic against sentences given at the Magistrates Court or Youth Court or through leave of a Judge against Crown Court sentences. Conversely the prosecution cannot appeal at all against unduly lenient sentences where they are imposed in the Magistrates Court or Youth Court and only for a handful of offences when sentencing takes place in the Crown Court. For example, a person sentenced in the Crown Court for a handful of sexual offences, some serious assault and public order matters, burglary or dangerous driving cannot currently be subject to a prosecution appeal, even where a prosecutor believes that the sentence was too lenient.

Currently it is only the most serious of cases that can be appealed by the prosecution. This includes rape, murder, and serious robbery. In some cases the sentence can be substantially changed on appeal, further supporting the argument that this right should be available to the prosecution in far more cases.

This leaves us with a current appeals procedure that inherently favours the rights of the offender over the rights of the victim. It also allows the Courts to be as lenient as they like without redress, yet subject to appeal if they are robust.

The Bill will now proceed to a second reading stage.