The decision not to jail three teenage boys convicted of raping two girls has been labelled 'unusual' by former Attorney General Dominic Grieve, who suggested the sentences could be subject to a review. Mr Grieve, who also previously served as Home Secretary, indicated that the public is 'perfectly entitled' to ask Richard Hermer KC, the current Attorney General for England and Wales, to consider referring the case to the Court of Appeal.
Speaking on BBC Radio 4's Today programme, Mr Grieve explained that an appeal court would be unlikely to criticise Mr Hermer if he were to ask them to review the non-custodial sentences. This suggests a potential avenue for the sentences to be scrutinised by a higher court, should the Attorney General deem it appropriate following public concern or a request for review.
The context of such a review would typically involve the Attorney General examining a sentence to determine if it is 'unduly lenient'. If a sentence is found to be significantly below the appropriate range for the offence, it can be referred to the Court of Appeal, which then has the power to increase it. This mechanism ensures that serious offences receive sentences that are proportionate and serve the interests of justice.
Mr Grieve further elaborated on the fundamental goals of sentencing in the UK criminal justice system. He highlighted that these objectives primarily revolve around preventing further offending and ensuring the protection of the public. The 'unusual' nature of the non-custodial sentences in a rape case, particularly involving multiple offenders and victims, has prompted questions about whether these goals are adequately met.
The current Attorney General, Richard Hermer KC, now faces the possibility of considering public calls for a review, weighing the legal parameters and the public interest in such a sensitive case. The comments from a respected former holder of the office add significant weight to the discussion surrounding the appropriateness of the initial sentences and the potential for an appeal.