Baroness Brinton (LD)

My Lords, in Committee, we welcomed the Government’s recognition that there are practical issues in ensuring that victims are told of the sentencing within the 28-day limit, and under the present rules they cannot ask the Attorney-General to review the sentence as unduly lenient. My Amendments 26 and 27 would specifically allow for the 28-day timeframe to be extended in exceptional circumstances, which may include, but is not limited to, delays in being told. It also strengthens the route for victims to be told with a duty to inform victims. In Committee, we had an extensive probing debate about increasing 26 days to 56 days, and Amendment 25 from the noble and learned Lord, Lord Keen, relays that in Amendment 24. However, my amendment tries to focus entirely on giving victims the right, if something has gone wrong and only in the most exceptional circumstances, to ask the AG to extend the period for a submission. We genuinely think that this safety net is the best way to do that. If the Government accept the formal route to notifying victims set out in Amendment 27, the most common reason for not being notified should almost completely stop. Other exceptional circumstances—including, perhaps, a victim being in hospital during the period—might be permitted. The Minister was concerned that too many expectations would be raised, but we have not pressed on detail. It would be down to the AG’s office to provide a guidance note for victims that would notify them of their rights, as well as the type of extraordinary circumstance. Currently, victims do not have access to this, and because of other problems about who should inform them, their right to ask for consideration of an unduly lenient sentence falls. This should be remedied and, subject to the Minister’s response, I may wish to test the opinion of the House.