Attorney General Rejects Call to Refer Huhne and Pryce Sentences

The sentences imposed on Chris Huhne and Vicky Pryce will not be referred to the Court of Appeal, the Attorney General has confirmed.

In a letter to David Burrowes MP, the Attorney General, Dominic Grieve, rejected the MP’s call to refer the sentences to the Court of Appeal for being ‘unduly lenient’.

Huhne and Pryce were sentenced to eight months each in prison, following their convictions for perverting the course of justice after swapping speeding points. Further details on the sentences and the convictions can be found in this article.

The MP had asked the Attorney General to use his power to refer cases to the Court of Appeal where it is thought the sentence is unduly lenient. The Court of Appeal can then increase the sentence if it agrees.

In his response the Attorney General explained that his power to refer cases was ‘exceptional’ and to be used only where the sentencing judge falls into ‘gross error’. The Attorney General concluded, after reference to the sentences given in similar cases, that the sentences passed on Huhne and Pryce were not ‘characteristic of the gross error required’ for a referral to the Court of Appeal. The sentences will therefore remain the same.

The Attorney General’s letter can be read here.

For the original article on the referral by David Burrowes MP, see here.

The Law on Appealing Unduly Lenient Sentences

Sections 35 and 36 of the Criminal Justice Act 1988 allow the Attorney General to refer certain sentences to the Court of Appeal (Criminal Division) if he or she thinks a sentence is ‘unduly lenient’. The Attorney General must obtain the leave (permission) of the Court of Appeal to make a reference to it. Leave must be applied for within 28 days of the sentence being passed. If the Court of Appeal grants leave it will then review then sentence. It can then pass a sentence that it regards as appropriate, extending it if necessary.