What are unduly lenient sentences?
An unduly lenient sentence is one where the sentence is not strong enough for the seriousness and circumstances of the crime that has been committed. Sentences must be unduly lenient, not just lenient. When someone has been found guilty of a crime in a court of law, the judge decides what sentence they should serve. In some cases, the Crown Prosecution Service (CPS), or another interested party, may think that the sentence is not severe enough and can contact the Attorney General to request him to consider if the case should be referred to the Court of Appeal. It is then for the Court of Appeal to decide whether the sentence is ‘unduly lenient’. Referral to the Court of Appeal is possible only for some types of offence, and must be carried out by the Attorney General within 28 days of the day after sentencing. This 28 day time limit is fixed and cannot be extended.
