Baroness Brinton (LD)

My Lords, my two amendments in this group, Amendments 69 and 75, also make proposals for unduly lenient sentences, as the noble Lord, Lord Sandhurst, has mentioned. From these Benches, we have been keen to improve the access that victims have to challenge what they believe is an unduly lenient sentence. I had amendments to try to achieve this in the Victims and Prisoners Bill in 2023-24. It is worth pausing to review what has happened since 1988, when the ULS scheme started and victims were given the right to ask the Attorney-General to reconsider the sentence of their offender. One of the amendments tabled by the noble Lord, Lord Sandhurst, concerns guaranteeing that victims are informed. Currently, the victims’ code places responsibility for informing victims about the ULS scheme on witness care units. For bereaved families entitled to the Crown Prosecution Service bereaved families scheme, the CPS should where possible, through the prosecutor and the trial advocate, meet the family at court following sentencing—if they attend the hearing—and inform them about the ULS scheme where appropriate. However, evidence from victims and bereaved families shows that this often does not happen, with many learning about the scheme only when it is too late to apply. By contrast, the offender and their legal representatives are present at sentencing and able to start planning any appeal against the sentence. In extenuating circumstances, the offender can also be given more than 28 days to launch their appeal. The offender also has post-sentence meetings with their legal representatives. It was clear then, and it remains so now, that the offender had and has more rights and support than the victim. This is not a level playing field.