Unduly Lenient Sentences: Requesting a Review

The Unduly Lenient Sentence (ULS) scheme is a mechanism under sections 35–36 of the Criminal Justice Act 1988 that allows the Attorney General (or Solicitor General) to refer a Crown Court sentence to the Court of Appeal if it appears to be unduly lenient. The scheme was introduced to correct sentences that are not merely at the lower end of the appropriate range, but that fall outside the range entirely — sentences that no reasonable judge, properly applying the relevant sentencing guidelines, could have passed.

The scheme serves an important public interest function: it ensures that serious crimes receive appropriate punishment and provides a form of accountability for sentencing decisions. It also provides victims and their families with a route to seek a review where they feel the sentence does not reflect the gravity of the offence.

The referral is made by the Attorney General — not by the victim or the public. Members of the public can only request that the Attorney General considers a referral. The Attorney General has a limited period (28 days from sentence) within which to refer — the same 28-day window applies to requests from the public.

Not all Crown Court sentences can be referred under the ULS scheme. The scheme applies only to "qualifying offences" specified by the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 and subsequent amendments. Eligible categories include:

• Murder, manslaughter, and infanticide
• Rape and other serious sexual offences
• Causing or allowing the death or serious physical harm of a child or vulnerable adult
• Robbery, burglary, and offences involving firearms or weapons in specified circumstances
• Certain serious drug trafficking offences
• Terrorism offences
• Modern slavery and human trafficking offences
• Offences under the Computer Misuse Act 1990 in specified circumstances
• Causing serious injury by dangerous driving, or death by dangerous or careless driving
• Certain fraud and financial crime offences (in specified circumstances)

Sentences passed by magistrates' courts are not eligible — the scheme applies only to Crown Court sentences. If you are unsure whether an offence is eligible, the Attorney General's Office (AGO) website has a checker tool.

You must make your request to the Attorney General's Office within 28 days of the date the sentence was passed. This is a strict statutory deadline — the Attorney General has no power to refer a case outside this window, regardless of circumstances. The 28-day period runs from the date of sentence, not the date of any appeal or the date you became aware of the outcome.

To request a referral:

1. Go to the Attorney General's Office website (gov.uk/agorequest) and complete the online request form. Alternatively, write to the AGO at 102 Petty France, London, SW1H 9GL.
2. Provide: the defendant's name; the court where the sentence was passed; the date of sentence; the offence(s) the defendant was convicted of; the sentence imposed; and your reasons for believing the sentence was unduly lenient.
3. Attach any relevant documents you have — such as news reports or court listings. You do not need access to the court transcript, though the AGO will obtain this as part of its own review.

The AGO reviews all requests received before the 28-day deadline. The Attorney General (or Solicitor General) then decides whether to refer the case to the Court of Appeal. They may decide not to refer even if they consider the sentence was at the low end — they will only refer cases that appear genuinely to cross the threshold of "unduly lenient." There is no right of appeal or further recourse if they decide not to refer.

If the Attorney General refers a sentence to the Court of Appeal, the Court reviews whether the sentence was "unduly lenient." This is a high threshold: the Court will not increase a sentence simply because it could have been higher, or because the sentencing judge took a lenient approach. The sentence must fall outside the range that a reasonable judge, properly applying the sentencing guidelines and considering all relevant factors, could have passed.

The Court of Appeal will:

• Review the sentencing judge's remarks and the circumstances of the offence
• Consider the Sentencing Council guidelines for the relevant offence
• Hear submissions from the prosecution (the Attorney General) and the defence
• Decide whether the sentence was unduly lenient

If the Court finds the sentence was unduly lenient, it will substitute a new, higher sentence. In rare cases — typically where there are mitigating factors the sentencing judge may have missed or where new information has emerged — the Court can also reduce the sentence. However, as a practical matter, the defendant faces a "double jeopardy" risk once a referral is made: if the Court agrees the sentence was unduly lenient, it will increase it.

High-profile examples of ULS referrals include cases where offenders received community sentences for serious violence, sexual offences attracted below-guidelines terms, or where discount for guilty plea was excessive.