Under new proposals announced by David Lammy, victims and the families of those killed will have an extended period of six months to contest sentences considered “unduly lenient.” This change comes after relatives of murder victims advocated for the removal of the previous 28-day deadline for filing a formal request following an offender’s sentencing.
As the Lord Chancellor and Justice Secretary, Lammy emphasized that this adjustment acknowledges the difficulties grieving families and traumatized victims face when trying to navigate the justice system in the immediate aftermath of a violent crime.
The “unduly lenient sentence” scheme allows any individual to bring a sentence to the attention of the Attorney General and the Solicitor General if they believe it does not adequately reflect the severity of the crime. This mechanism provides an avenue for the Court of Appeal to reassess the sentence, ensuring it aligns with the nature of the offense.
In response to concerns regarding awareness of this scheme among victims and their families, the government plans to implement a legal obligation within the Victims’ Code to inform survivors about the existence of this option.
Tracey Hanson, an advocate for reform following the murder of her son Josh in a nightclub, praised the decision. In 2019, she attempted to appeal to the Attorney General within the original 28-day limit, but her submission arrived too late to be considered due to timing issues. She noted that neither her legal counsel, law enforcement, nor victim support had informed her about the possibility of appealing within that timeframe. Her son’s killer, Shane O’Brien, was a fugitive at the time, having fled to Europe on a drug dealer’s private jet.
Hanson described the new policy as a significant achievement in honor of her son, stating, “These changes represent a hard-fought victory in ensuring that families are no longer left in the dark or rushed through a traumatizing process during the most painful moments of their lives.”
Similarly, Katie Brett, whose sister Sasha Marsden was tragically murdered at the age of 16, expressed relief that families will now have six months to contest lenient sentences. She highlighted the importance of the new legal requirement to notify families of their rights, emphasizing that “no family should ever be left in the dark like we were; every victim deserves support.”
The ability to challenge a sentence remains limited to serious crimes adjudicated in the Crown Court, including murder, manslaughter, robbery, rape, stalking, and various child sexual offenses. However, it does not apply to numerous other crimes, such as certain sexual offenses, death caused by careless driving, and burglary.
To facilitate these changes, government ministers will propose amendments to the Victims and Courts Bill currently under consideration in Parliament. Other members of the public will still retain the original 28-day window to refer cases under the existing scheme.
Lammy stated, “When someone has endured the ordeal of seeking justice and witnessed the sentencing of the individual who harmed them or their loved one, the last thing they should be burdened with is a ticking clock. People require the time to process, communicate with their families, and seek advice. This modification ensures they have the necessary time to achieve the justice they rightfully deserve.”
Shadow Justice Minister Kieran Mullan expressed a cautious endorsement of the initiative, noting, “After months of rejecting sensible reform proposals, this is a positive step forward and reflects the strong sentiments of victims, families, and advocates who have been calling for change.”
