Criminal Cases Review (Public Petition)

Motion for leave to bring in a Bill (Standing Order No. 23)1.27 pm

I beg to move,

That leave be given to bring in a Bill to make provision for the general public to petition the Criminal Cases Review Commission to review sentences that the petitioners believe to be either too harsh or too lenient; to make provision about the review of such sentences; to make provision about the referral of such cases to the Court of Appeal or the Supreme Court; and for connected purposes.

Before looking at the provisions, I ask you, Mr Speaker, to join me in a journey of the imagination to a distant, respected democracy, where there is an elected leader, an independent judiciary that is respected and a respected legal system, and where, historically, there has been confidence among the people of this democracy in that judicial and legal system. Then imagine that a bad event occurs, and the elected leader of that distant democracy effectively instructs the judiciary to impose the harshest possible sentences on potential transgressors.

Imagine a scenario where someone in a fit of anger puts out a bad, offensive and inappropriate tweet for a few hours, then calms down, apologises and withdraws it, but because of that tweet is then charged and sentenced in a very serious way—potentially receiving a sentence of some 31 months, which might be significantly longer than the sentence given to a shoplifter, robber, mugger or drug dealer and the like. For people to have confidence in a legal system, sentences must be comparative.

Imagine that while in prison that individual is the recipient of violent maltreatment, including being manhandled to the ground and handcuffed to the point of having significant bruises five days later. Imagine that they are then being dragged up not one, not two but three flights of stairs to the naughty girls wing, when they had been a model prisoner and had been promised to be taken to the good girls wing. Mr Speaker, you may think that that must be happening in some distant democracy and cannot be valid here, but it is with regret that I must bring you back to the reality: that scenario has occurred in the United Kingdom in the last few months.

That is why I am bringing this criminal cases review Bill to the House under the ten-minute rule Bill process. It is known outside this House as Lucy’s Bill. Confidence in our judicial system and the sentences that are handed out is vital. I believe that the public want to trust our system, but justice works when it is natural, fair and decent and when the public believe that sentences are appropriate. If we lose that, potentially we lose everything.

We are all human, and even noble, experienced and wise judges can get things wrong, and there is a system of appeal. But the provisions of the Bill are so important because maybe the public would have ever more confidence in a vibrant democracy and our justice system if there were some kind of treble check, with safeguards over sentences, but without being able to impinge on the original judgment following a case. Let us say that 500 members of the public sign a petition to ask the Criminal Cases Review Commission to reconsider a sentence, and the commission, within eight weeks, felt that the sentence was too lenient or too harsh, it could then be referred to an appropriate court.

That would give people extra trust and confidence in the fairness of our system and the comparative appropriateness of sentences. I believe that people would then feel that this is a democracy and a justice system that works for all, with the appropriate safeguards. It is for that reason that I bring the Bill to the House. I believe that it is worthy of further debate and consideration.

That Richard Tice, Nigel Farage, Lee Anderson, Sarah Pochin and James McMurdock present the Bill.

Richard Tice accordingly presented the Bill.