Nicholas Prosper
The question
To ask the Solicitor General, if she will make an assessment of the potential merits of referring the sentencing of Nicholas Prosper to the Unduly Lenient Sentence scheme.
Answered by Lucy Rigby
The Unduly Lenient Sentence (ULS) scheme allows the Law Officers to refer a sentence which appears unduly lenient to the Court of Appeal for it to review. If referred, the Court has the power to increase the sentence if it agrees that it is unduly lenient.
There is a high threshold for a successful ULS reference. The sentence must be not just lenient but unduly so, for example if the sentencing judge made a gross error or imposed a sentence outside the range of sentences reasonably available in the circumstances of the offence.
In this specific case, I can confirm my office has received a number of requests to review the sentencing of this individual under the ULS scheme.
The Attorney General and I have 28 days from the date of sentence to consider the case and decide whether to refer it to the Court of Appeal.
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